Penal Code — Part 15 | PEN — United States — California law | Esheria

Penal Code

Part 15 of 29 · provisions 2,801–3,000

If the Superintendent of State Printing corruptly colludes to defraud the state, the officer forfeits the office and may be imprisoned and fined.

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This section applies to the deferred entry of judgment reentry program and limits county reimbursement, requires resource consultation before implementation when extra county resources are needed, and allows certain agencies to seek outside funding. A prosecuting attorney may refer certain suspected offenders involving minor victims and physical abuse or neglect for counseling or treatment instead of prosecuting them, but must first seek advice from county social services or probation. The section does not apply to certain sexual abuse or sexual offense charges. A referred person must pay the referral’s administrative cost and counseling expense, subject to set fee caps and ability-to-pay consideration. This section requires notice and reporting steps before and during pretrial diversion for certain narcotics and drug abuse cases, and limits use of certain statements made in the process. The court must hold a hearing to decide whether the defendant consents to further proceedings and whether pretrial diversion should be granted.

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Provisions of Penal Code

Showing 200 of 5,647

  1. 27805.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Exceptions to the Requirement of Obtaining a Verification Number [27805 - 27835] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

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    A firearm loan is exempt from Section 27555 if the firearm is unloaded, the loan is by a dealer, the borrower has a valid entertainment firearms permit, and the firearm is used only as a prop for an entertainment production or event.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Exceptions to the Requirement of Obtaining a Verification Number [27805 - 27835] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27805. (a) Section 27555 does not apply to the loan of a firearm if all of the following conditions are satisfied: (1) The firearm is unloaded. (2) The loan is made by a dealer. (3) The loan is made to a person who possesses a valid entertainment firearms permit issued pursuant to Chapter 2 (commencing with Section 29500) of Division 8. (4) The firearm is loaned solely for use as a prop in a motion picture, television, video, theatrical, or other entertainment production or event. (b) The dealer shall retain a photocopy of the entertainment firearms permit as proof of compliance with this requirement. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  2. 2781.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Employment of Prisoners [2700 - 2792] ( Heading of Chapter 5 amended by Stats. 1941, Ch. 893. ) ## ARTICLE 5. Employment in Public Parks, Forests, etc. [2780 - 2792] ( Article 5 added by Stats. 1941, Ch. 363. )

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    The Director of Corrections must decide which prisoners are eligible for employment under Section 2780 and keep the eligibility lists updated.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Employment of Prisoners [2700 - 2792] ( Heading of Chapter 5 amended by Stats. 1941, Ch. 893. ) ## ARTICLE 5. Employment in Public Parks, Forests, etc. [2780 - 2792] ( Article 5 added by Stats. 1941, Ch. 363. ) ## 2781. The Director of Corrections shall determine which prisoners shall be eligible for employment under Section 2780, and shall establish and modify lists of prisoners eligible for such employment. Upon the requisition of an agency mentioned in Section 2780, the Director of Corrections may send to the place and at the time designated the number of prisoners requisitioned or such number thereof as have been determined to be eligible for such employment and are available. The director may return to prison any prisoner transferred to camp pursuant to this section, when the need for such prisoner’s labor has ceased or when the prisoner is guilty of any violation of the rules and regulations of the prison or camp. (Amended by Stats. 1953, Ch. 1666.)
  3. 27810.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Exceptions to the Requirement of Obtaining a Verification Number [27805 - 27835] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 27555 does not apply to certain firearm loans if specified conditions are met, and the lender must keep a photocopy of the entertainment firearms permit.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Exceptions to the Requirement of Obtaining a Verification Number [27805 - 27835] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27810. (a) Section 27555 does not apply to the loan of a firearm if all of the following requirements are satisfied: (1) The firearm is unloaded. (2) The loan is made by a person who is not a dealer but is a federal firearms licensee pursuant to Chapter 44 of Title 18 (commencing with Section 921) of the United States Code. (3) The loan is made to a person who possesses a valid entertainment firearms permit issued pursuant to Chapter 2 (commencing with Section 29500) of Division 8. (4) The firearm is loaned for use solely as a prop in a motion picture, television, video, theatrical, or other entertainment production or event. (b) The person loaning the firearm pursuant to this section shall retain a photocopy of the entertainment firearms permit as proof of compliance with this requirement. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  4. 27815.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Exceptions to the Requirement of Obtaining a Verification Number [27805 - 27835] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 27555 does not apply to certain unloaded firearm loans to a consultant-evaluator if the loan lasts no more than 45 days.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Exceptions to the Requirement of Obtaining a Verification Number [27805 - 27835] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27815. (a) Section 27555 does not apply to the loan of an unloaded firearm to a consultant-evaluator by a person licensed pursuant to Sections 26700 to 26915, inclusive, if the loan does not exceed 45 days from the date of delivery. (b) At the time of the loan, the consultant-evaluator shall provide the following information, which the dealer shall retain for two years: (1) A photocopy of a valid, current, government-issued identification to determine the consultant-evaluator’s identity, including, but not limited to, a California driver’s license, identification card, or passport. (2) A photocopy of the consultant-evaluator’s valid, current certificate of eligibility. (3) A letter from the person licensed as an importer, manufacturer, or dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, with whom the consultant-evaluator has a bona fide business relationship. The letter shall detail the bona fide business purposes for which the firearm is being loaned and confirm that the consultant-evaluator is being loaned the firearm as part of a bona fide business relationship. (4) The signature of the consultant-evaluator on a form indicating the date the firearm is loaned and the last day the firearm may be returned. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  5. 2782.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Employment of Prisoners [2700 - 2792] ( Heading of Chapter 5 amended by Stats. 1941, Ch. 893. ) ## ARTICLE 5. Employment in Public Parks, Forests, etc. [2780 - 2792] ( Article 5 added by Stats. 1941, Ch. 363. )

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    The director may set a daily rate for convict labor and regulate deductions and payment limits; the agency must set aside funds monthly when that rate is fixed.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Employment of Prisoners [2700 - 2792] ( Heading of Chapter 5 amended by Stats. 1941, Ch. 893. ) ## ARTICLE 5. Employment in Public Parks, Forests, etc. [2780 - 2792] ( Article 5 added by Stats. 1941, Ch. 363. ) ## 2782. The director may fix a daily rate to be expended for such convict labor, and when so fixed, the agency shall monthly set aside funds to the director to pay for such labor, and where no funds are available from the agency the director may set aside the department’s own funds to pay for such labor. The director, by regulation, may authorize any or all deductions to be made from the pay due convicts as provided for convicts at road camps under Section 2762. The director, by regulation, may also fix the maximum amount, over and above all deductions, that a convict may receive. (Amended by Stats. 1957, Ch. 2256.)
  6. 27820.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Exceptions to the Requirement of Obtaining a Verification Number [27805 - 27835] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 27555 does not apply to certain firearm sales, loans, or transfers involving licensed collectors, or involving licensed ammunition importers/manufacturers if specified licensing conditions are met.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Exceptions to the Requirement of Obtaining a Verification Number [27805 - 27835] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27820. (a) Section 27555 does not apply to the sale, loan, or transfer of a firearm by or to a person who is licensed as a collector pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto who is not otherwise licensed as a dealer, manufacturer, or importer of firearms licensed to engage in that business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (b) Section 27555 does not apply to the sale, loan, or transfer of a firearm if both of the following conditions apply: (1) The sale, loan, or transfer is by or to a person who is licensed as an importer or manufacturer of ammunition licensed to engage in business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (2) The person selling, loaning, or transferring the firearm or purchasing that firearm, being transferred that firearm, or being loaned that firearm is not also licensed as an importer or manufacturer of firearms who is licensed to engage in business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (Repealed and added by Stats. 2019, Ch. 738, Sec. 21. (SB 376) Effective January 1, 2020.)
  7. 27825.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Exceptions to the Requirement of Obtaining a Verification Number [27805 - 27835] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 27555 does not apply to certain firearm deliveries and returns involving a gunsmith.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Exceptions to the Requirement of Obtaining a Verification Number [27805 - 27835] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27825. Section 27555 does not apply to the delivery of a firearm to a gunsmith for service or repair, or to the return of the firearm to its owner by the gunsmith, or to the delivery of a firearm by a gunsmith to a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code for service or repair and the return of the firearm to the gunsmith. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  8. 27830.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Exceptions to the Requirement of Obtaining a Verification Number [27805 - 27835] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 27555 does not apply when the transferor and transferee are the same person or corporation.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Exceptions to the Requirement of Obtaining a Verification Number [27805 - 27835] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27830. Section 27555 does not apply where the transferor and the transferee are the same person or corporation. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  9. 27835.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Exceptions to the Requirement of Obtaining a Verification Number [27805 - 27835] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 27555 does not apply to certain firearm transfers involving valid entertainment firearms permit holders and prop firearms used in TV, film, or theatrical productions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Exceptions to the Requirement of Obtaining a Verification Number [27805 - 27835] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27835. Section 27555 does not apply where the transfer is to or from a person who has a valid entertainment firearms permit and the transfer involves the loan or return of a firearm used solely as a prop in a television, film, or theatrical production. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  10. 2785.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Employment of Prisoners [2700 - 2792] ( Heading of Chapter 5 amended by Stats. 1941, Ch. 893. ) ## ARTICLE 5. Employment in Public Parks, Forests, etc. [2780 - 2792] ( Article 5 added by Stats. 1941, Ch. 363. )

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    If a prisoner is paid for labor under this article and wilfully breaks employment or camp/Department of Corrections rules, the Director of Corrections may decide that some of the prisoner’s earnings are forfeited.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Employment of Prisoners [2700 - 2792] ( Heading of Chapter 5 amended by Stats. 1941, Ch. 893. ) ## ARTICLE 5. Employment in Public Parks, Forests, etc. [2780 - 2792] ( Article 5 added by Stats. 1941, Ch. 363. ) ## 2785. Whenever prisoners are paid for their labor under this article and a prisoner wilfully violates the terms of his employment or the rules of the camp or the Department of Corrections the Director of Corrections may in his discretion determine what portion of all moneys earned by the prisoner shall be forfeited by the prisoner and such forfeiture shall be deposited in the State Treasury in the fund known as the Inmate Welfare Fund of the Department of Corrections. (Amended by Stats. 1953, Ch. 1666.)
  11. 27850.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section creates an exception to the dealer requirement for certain firearm transfers to government representatives, and requires any weapons acquired under the section to be disposed of under the cited disposal provisions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27850. (a) Section 27545 does not apply to a sale, delivery, or transfer of firearms if both of the following requirements are satisfied: (1) The sale, delivery, or transfer is to an authorized representative of a city, city and county, county, or state government, or of the federal government, and is for the governmental entity. (2) The entity is acquiring the weapon as part of an authorized, voluntary program in which the entity is buying or receiving weapons from private individuals. (b) Any weapons acquired pursuant to this section shall be disposed of pursuant to the applicable provisions of Section 34000 or Sections 18000 and 18005. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  12. 27855.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section exempts certain firearm transfers by authorized law enforcement representatives to public or private nonprofit historical societies, museums, or institutional collections if listed conditions are met.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27855. Section 27545 does not apply to the sale, delivery, loan, or transfer of a firearm made by an authorized law enforcement representative of a city, county, city and county, or state, or of the federal government, to any public or private nonprofit historical society, museum, or institutional collection, or the purchase or receipt of that firearm by that public or private nonprofit historical society, museum, or institutional collection, if all of the following conditions are met: (a) The entity receiving the firearm is open to the public. (b) The firearm prior to delivery is deactivated or rendered inoperable. (c) The firearm is not subject to any of the following: (1) Sections 18000 and 18005. (2) Division 4 (commencing with Section 18250) of Title 2. (3) Section 34000. (4) Sections 34005 and 34010. (d) The firearm is not prohibited by other provisions of law from being sold, delivered, or transferred to the public at large. (e) Prior to delivery, the entity receiving the firearm submits a written statement to the law enforcement representative stating that the firearm will not be restored to operating condition, and will either remain with that entity, or if subsequently disposed of, will be transferred in accordance with the applicable provisions listed in Section 16575 and, if applicable, with Section 31615. (f) Within 10 days of the date that the firearm is sold, loaned, delivered, or transferred to that entity, all of the following information shall be reported to the department in a manner prescribed by the department: (1) The name of the government entity delivering the firearm. (2) The make, model, serial number, and other identifying characteristics of the firearm. (3) The name of the person authorized by the entity to take possession of the firearm. (g) In the event of a change in the status of the designated representative, the entity shall notify the department of a new representative within 30 days. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  13. 2786.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Employment of Prisoners [2700 - 2792] ( Heading of Chapter 5 amended by Stats. 1941, Ch. 893. ) ## ARTICLE 5. Employment in Public Parks, Forests, etc. [2780 - 2792] ( Article 5 added by Stats. 1941, Ch. 363. )

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    Money received under this article must be used for specified educational, recreational, and related purposes at certain prison camps, and the secretary must spend it only through the stated warrant and claim-approval process.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Employment of Prisoners [2700 - 2792] ( Heading of Chapter 5 amended by Stats. 1941, Ch. 893. ) ## ARTICLE 5. Employment in Public Parks, Forests, etc. [2780 - 2792] ( Article 5 added by Stats. 1941, Ch. 363. ) ## 2786. All money received pursuant to this article in the Inmate Welfare Fund of the Department of Corrections and Rehabilitation is hereby appropriated for educational, recreational, and other purposes described in Section 5006 at the various prison camps established under this article and shall be expended by the secretary upon warrants drawn upon the State Treasury by the Controller after approval of the claims by the Department of General Services. It is the intent of the Legislature that moneys in this fund only be expended on services other than those that the department is required to provide to inmates. (Amended by Stats. 2016, Ch. 31, Sec. 249. (SB 836) Effective June 27, 2016.)
  14. 2786.1.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Employment of Prisoners [2700 - 2792] ( Heading of Chapter 5 amended by Stats. 1941, Ch. 893. ) ## ARTICLE 5. Employment in Public Parks, Forests, etc. [2780 - 2792] ( Article 5 added by Stats. 1941, Ch. 363. )

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    The secretary must make weight training equipment available to inmates assigned to fire suppression efforts.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Employment of Prisoners [2700 - 2792] ( Heading of Chapter 5 amended by Stats. 1941, Ch. 893. ) ## ARTICLE 5. Employment in Public Parks, Forests, etc. [2780 - 2792] ( Article 5 added by Stats. 1941, Ch. 363. ) ## 2786.1. The secretary shall make weight training equipment available to inmates assigned to fire suppression efforts pursuant to this article. The weight training equipment shall be used in accordance with the provisions of Section 5010. (Added by Stats. 2007, Ch. 737, Sec. 1. Effective January 1, 2008.)
  15. 2786.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Employment of Prisoners [2700 - 2792] ( Heading of Chapter 5 amended by Stats. 1941, Ch. 893. ) ## ARTICLE 5. Employment in Public Parks, Forests, etc. [2780 - 2792] ( Article 5 added by Stats. 1941, Ch. 363. )

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    The Secretary of the Department of Corrections and Rehabilitation must make the Youth Offender Program Camp Pilot Program permanent, and may expand it to some or all California Conservation Camps.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Employment of Prisoners [2700 - 2792] ( Heading of Chapter 5 amended by Stats. 1941, Ch. 893. ) ## ARTICLE 5. Employment in Public Parks, Forests, etc. [2780 - 2792] ( Article 5 added by Stats. 1941, Ch. 363. ) ## 2786.5. (a) (1) The Legislature finds and declares both of the following: (A) The Youth Offender Program Camp Pilot Program was launched by the Department of Corrections and Rehabilitation in August 2023 at Growlersburg Conservation Camp #33 in Georgetown as a pilot program to temporarily allow incarcerated youth between 18 and 25 years of age, who have a Level III classification score or a Violent Administrative Determinant, the ability to participate in the conservation camp program on a case-by-case basis. (B) The pilot program showed great promise, and the department expanded the pilot program to Pine Grove Youth Conservation Camp #12 in August 2024. (2) It is the intent of the Legislature to make the Youth Offender Program Camp Pilot Program within the Department of Corrections and Rehabilitation permanent. (b) (1) The Secretary of the Department of Corrections and Rehabilitation shall make permanent the Youth Offender Program Camp Pilot Program, and may, at the discretion of the secretary, expand the program to include some or all of California Conservation Camps. (2) For purposes of this subdivision, “California Conservation Camps” has the same meaning as in Section 4952 of the Public Resources Code. (Added by Stats. 2025, Ch. 718, Sec. 1. (AB 952) Effective January 1, 2026.)
  16. 27860.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section creates an exception from the dealer requirement for certain firearm transfers to nonprofit historical societies, museums, or institutional collections, if listed conditions are met.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27860. Section 27545 does not apply to the sale, delivery, loan, or transfer of a firearm made by any person other than a representative of an authorized law enforcement agency to any public or private nonprofit historical society, museum, or institutional collection, if all of the following conditions are met: (a) The entity receiving the firearm is open to the public. (b) The firearm is deactivated or rendered inoperable prior to delivery. (c) The firearm is not of a type prohibited from being sold, delivered, or transferred to the public. (d) Prior to delivery, the entity receiving the firearm submits a written statement to the person selling, loaning, or transferring the firearm stating that the firearm will not be restored to operating condition, and will either remain with that entity, or if subsequently disposed of, will be transferred in accordance with the applicable provisions listed in Section 16575 and, if applicable, with Section 31615. (e) If title to a handgun, and commencing January 1, 2014, any firearm, is being transferred to the public or private nonprofit historical society, museum, or institutional collection, then the designated representative of that entity shall, within 30 days of taking possession of that firearm, forward by prepaid mail or deliver in person to the Department of Justice, a single report signed by both parties to the transaction, which includes all of the following information: (1) Information identifying the person representing the public or private historical society, museum, or institutional collection. (2) Information on how title was obtained and from whom. (3) A description of the firearm in question. (4) A copy of the written statement referred to in subdivision (d). (f) The report forms that are to be completed pursuant to this section shall be provided by the Department of Justice. (g) In the event of a change in the status of the designated representative, the entity shall notify the department of a new representative within 30 days. (Amended by Stats. 2011, Ch. 745, Sec. 38. (AB 809) Effective January 1, 2012.)
  17. 27865.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Section 27545 does not apply to certain firearm sales, deliveries, or transfers involving licensed importers and manufacturers.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27865. Section 27545 does not apply to sales, deliveries, or transfers of firearms between or to importers and manufacturers of firearms licensed to engage in that business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  18. 2787.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Employment of Prisoners [2700 - 2792] ( Heading of Chapter 5 amended by Stats. 1941, Ch. 893. ) ## ARTICLE 5. Employment in Public Parks, Forests, etc. [2780 - 2792] ( Article 5 added by Stats. 1941, Ch. 363. )

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    The agency must supervise prison labor work and provide the necessary camps; if the agency has no funds, the director may do that instead and must supervise and manage the camps and commissariat.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Employment of Prisoners [2700 - 2792] ( Heading of Chapter 5 amended by Stats. 1941, Ch. 893. ) ## ARTICLE 5. Employment in Public Parks, Forests, etc. [2780 - 2792] ( Article 5 added by Stats. 1941, Ch. 363. ) ## 2787. The agency providing work for convicts under this article shall designate and supervise all work done under the provisions of this article. The agency shall provide, erect and maintain the necessary camps, except that where no funds are available to the agency, the director may provide, erect and maintain the necessary camps. The director shall supervise and manage the necessary camps and commissariat. (Amended by Stats. 1957, Ch. 2256.)
  19. 27875.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section creates exceptions from dealer-transfer rules for certain family firearm transfers, but requires reports, safety certificates in some cases, and DOJ fee/payment handling.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27875. (a) Section 27545 does not apply to the transfer of a firearm by gift, bequest, intestate succession, or other means from one individual to another, if all of the following requirements are met: (1) The transfer is infrequent, as defined in Section 16730. (2) The transfer is between members of the same immediate family. (3) Within 30 days of taking possession of the firearm, the person to whom it is transferred shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department. (4) Until January 1, 2015, the person taking title to the firearm shall first obtain a valid handgun safety certificate if the firearm is a handgun, and commencing January 1, 2015, a valid firearm safety certificate for any firearm, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used. (5) The person receiving the firearm is 18 years of age or older. (b) Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met: (1) The person acquires ownership of the firearm from an immediate family member by bequest or intestate succession. (2) The person has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used. (3) The receipt of any firearm by the individual by bequest or intestate succession is infrequent, as defined in Section 16730. (4) The person acquiring ownership of the firearm by bequest or intestate succession is 18 years of age or older. (5) Within 30 days of that person taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The reports that individuals complete pursuant to this subdivision shall be made available to them in a format prescribed by the department. (c) Furnishing a fictitious name or address, knowingly furnishing any incorrect information, or knowingly omitting any information required to be provided for the form described in this section is punishable as a misdemeanor. (d) The department shall establish a fee for submission of the report described in this section and an additional fee for each additional firearm. This fee shall not exceed the reasonable and actual costs of processing the report submitted pursuant to this section. The department may annually review and adjust this fee to fully fund, but not exceed, these costs. (e) The department may request photographs of the firearm to determine if the firearm is a generally prohibited weapon, assault weapon, or machinegun, or is otherwise prohibited. (f) Upon receipt of a report submitted pursuant to this section and any required fee, the department shall examine its records, as well as those records that it is authorized to request from the State Department of State Hospitals pursuant to Section 8104 of the Welfare and Institutions Code, and records available to the department in the National Instant Criminal Background Check System, to determine if the purchaser is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (Amended by Stats. 2024, Ch. 540, Sec. 9. (AB 3064) Effective January 1, 2025.)
  20. 2788.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Employment of Prisoners [2700 - 2792] ( Heading of Chapter 5 amended by Stats. 1941, Ch. 893. ) ## ARTICLE 5. Employment in Public Parks, Forests, etc. [2780 - 2792] ( Article 5 added by Stats. 1941, Ch. 363. )

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    The director has full control and jurisdiction over the discipline and control of convicts working under this article.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Employment of Prisoners [2700 - 2792] ( Heading of Chapter 5 amended by Stats. 1941, Ch. 893. ) ## ARTICLE 5. Employment in Public Parks, Forests, etc. [2780 - 2792] ( Article 5 added by Stats. 1941, Ch. 363. ) ## 2788. The director shall have full jurisdiction at all times over the discipline and control of the convicts performing work under this article. (Amended by Stats. 1957, Ch. 2256.)
  21. 27880.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A firearm loan is exempt from Section 27545 if the listed family, timing, purpose, safety-certificate, and handgun-registration requirements are met.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27880. Section 27545 does not apply to the loan of a firearm if all of the following requirements are satisfied: (a) The loan is to a spouse, registered domestic partner, or any of the following relations, whether by consanguinity, adoption, or steprelation: (1) Parent. (2) Child. (3) Sibling. (4) Grandparent. (5) Grandchild. (b) The loan is infrequent, as defined in Section 16730. (c) The loan is for any lawful purpose. (d) The loan does not exceed 30 days in duration. (e) Until January 1, 2015, if the firearm is a handgun, the individual being loaned the firearm shall have a valid handgun safety certificate. Commencing January 1, 2015, for any firearm, the individual being loaned the firearm shall have a valid firearm safety certificate, except that in the case of a handgun, an unexpired handgun safety certificate may be used. (f) If the firearm being loaned is a handgun, the handgun is registered to the person making the loan pursuant to Section 11106. (Amended by Stats. 2016, Ch. 41, Sec. 1. (AB 1511) Effective January 1, 2017.)
  22. 27881.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 27545 does not apply to certain firearm loans if every listed condition is met.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27881. Section 27545 does not apply to the loan of a firearm if all of the following conditions are met: (a) If the firearm being loaned is a handgun, the handgun is registered to the person making the loan pursuant to Section 11106. (b) The loan occurs within the lender’s place of residence or other real property, except for property that is zoned for commercial, retail, or industrial activity. (c) The individual receiving the firearm is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (d) The individual receiving the firearm is 18 years of age or older. (e) The firearm does not leave the real property upon which the loan occurs. (Added by Stats. 2019, Ch. 840, Sec. 10. (SB 172) Effective January 1, 2020.)
  23. 27882.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section exempts certain temporary firearm loans for safekeeping from Section 27545 if listed conditions are met.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27882. (a) Section 27545 does not apply to the transfer of a firearm if all of the following conditions are satisfied: (1) The firearm is voluntarily and temporarily transferred to another person who is 18 years of age or older for safekeeping to prevent it from being accessed or used to attempt suicide by the transferor or another person that may gain access to it in the transferor’s household. (2) The transferee does not use the firearm for any purpose and, except when transporting the firearm to the transferee’s residence or when returning it to the transferor, keeps the firearm unloaded and securely stored, as defined in Section 25145, in the transferee’s residence. (3) The duration of the loan is limited to that amount of time reasonably necessary to prevent the harm described in paragraph (1). (4) The individual receiving the firearm is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (b) (1) If a firearm that has been transferred pursuant to this section cannot be returned to the owner because the owner is prohibited from possessing a firearm, the person in possession of the firearm shall deliver the firearm to a law enforcement agency without delay. (2) Section 27545 does not apply to the transfer of a firearm to a law enforcement agency pursuant to this subdivision. This section does not authorize the possession of a firearm by any person prohibited from possessing a firearm pursuant to any other law. (c) This section shall become operative on January 1, 2026. (Repealed (in Sec. 13) and added by Stats. 2024, Ch. 542, Sec. 14. (SB 53) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  24. 27883.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A firearm loan is exempt from Section 27545 only if the listed conditions are met, including ownership, storage, recipient eligibility, a 120-day maximum, no payment, and signed paperwork.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27883. Section 27545 does not apply to the loan of a firearm provided all of the following requirements are met: (a) The firearm being loaned is lawfully owned by the person making the loan pursuant to Section 11106. (b) The firearm being loaned is stored in the receiver’s place of residence or in an enclosed structure on the receiver’s private property, which is not zoned for commercial, retail, or industrial activity. (c) The firearm at all times stays within the receiver’s place of residence or in an enclosed structure on the receiver’s private property, which is not zoned for commercial, retail, or industrial activity. (d) The individual receiving the firearm is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (e) The individual receiving the firearm is 18 years of age or older. (f) The firearm is unloaded and securely stored, as defined in Section 25145. (g) The loan does not exceed 120 days in duration. (h) The loan is made without consideration. (i) There is a written document in a format prescribed by the Department of Justice that explains the obligations imposed by this section that is signed by both the party loaning the firearm for storage and the person receiving the firearm. (j) Both parties to the loan have signed copies of the written document required by subdivision (i). (k) (1) If a firearm that has been transferred pursuant to this section cannot be returned to the owner because the owner is prohibited from possessing a firearm, the person in possession of the firearm shall deliver the firearm to a law enforcement agency without delay. (2) Section 27545 does not apply to the transfer of a firearm to a law enforcement agency pursuant to this subdivision. This section does not authorize the possession of a firearm by any person prohibited from possessing a firearm pursuant to any other law. (l) This section shall become operative on January 1, 2026. (Repealed (in Sec. 15) and added by Stats. 2024, Ch. 542, Sec. 16. (SB 53) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  25. 27885.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A firearm loan is exempt from Section 27545 if the lender stays present, the loan has a lawful purpose, lasts no more than three days, the recipient is not legally barred from firearm possession or purchase, and both people are at least 18.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27885. Section 27545 does not apply to the loan of a firearm if all of the following conditions exist: (a) The person loaning the firearm is at all times within the presence of the person being loaned the firearm. (b) The loan is for a lawful purpose. (c) The loan does not exceed three days in duration. (d) The individual receiving the firearm is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (e) The person loaning the firearm is 18 years of age or older. (f) The person being loaned the firearm is 18 years of age or older. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  26. 27890.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 27545 does not apply to certain firearm deliveries involving gunsmith service or repair.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27890. Section 27545 does not apply to the delivery of a firearm to a gunsmith for service or repair, or to the return of the firearm to its owner by the gunsmith, or to the delivery of a firearm by a gunsmith to a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code for service or repair and the return of the firearm to the gunsmith. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  27. 27895.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section creates an exception to Section 27545 for certain firearm sales, deliveries, or transfers when the stated conditions are met.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27895. Section 27545 does not apply to the sale, delivery, or transfer of firearms if all of the following requirements are satisfied: (a) The sale, delivery, or transfer is made by a person who resides in this state. (b) The sale, delivery, or transfer is made to a person who resides outside this state and is licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (c) The sale, delivery, or transfer is in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  28. 279.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 4. Child Abduction [277 - 280] ( Chapter 4 repealed and added by Stats. 1996, Ch. 988, Sec. 9. )

    Verify source ↗

    A person who was not resident or present in the state when the alleged child abduction occurred can still be punishable in the state if one of the listed location conditions is met.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 4. Child Abduction [277 - 280] ( Chapter 4 repealed and added by Stats. 1996, Ch. 988, Sec. 9. ) ## 279. A violation of Section 278 or 278.5 by a person who was not a resident of, or present in, this state at the time of the alleged offense is punishable in this state, whether the intent to commit the offense is formed within or outside of this state, if any of the following apply: (a) The child was a resident of, or present in, this state at the time the child was taken, enticed away, kept, withheld, or concealed. (b) The child thereafter is found in this state. (c) A lawful custodian or a person with a right to visitation is a resident of this state at the time the child was taken, enticed away, kept, withheld, or concealed. (Repealed and added by Stats. 1996, Ch. 988, Sec. 9. Effective January 1, 1997.)
  29. 279.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 4. Child Abduction [277 - 280] ( Chapter 4 repealed and added by Stats. 1996, Ch. 988, Sec. 9. )

    Verify source ↗

    The offenses listed in Sections 278 and 278.5 are treated as continuing offenses while a minor child is concealed or detained.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 4. Child Abduction [277 - 280] ( Chapter 4 repealed and added by Stats. 1996, Ch. 988, Sec. 9. ) ## 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. (Added by Stats. 1996, Ch. 988, Sec. 9. Effective January 1, 1997.)
  30. 279.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 4. Child Abduction [277 - 280] ( Chapter 4 repealed and added by Stats. 1996, Ch. 988, Sec. 9. )

    Verify source ↗

    When bail is being set for an arrest under Section 278 or 278.5, the court must consider whether the child has been returned to the lawful custodian and, if not, the risk of nonreturn, flight, or evading the court.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 4. Child Abduction [277 - 280] ( Chapter 4 repealed and added by Stats. 1996, Ch. 988, Sec. 9. ) ## 279.5. When a person is arrested for an alleged violation of Section 278 or 278.5, the court, in setting bail, shall take into consideration whether the child has been returned to the lawful custodian, and if not, shall consider whether there is an increased risk that the child may not be returned, or the defendant may flee the jurisdiction, or, by flight or concealment, evade the authority of the court. (Added by Stats. 1996, Ch. 988, Sec. 9. Effective January 1, 1997.)
  31. 279.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 4. Child Abduction [277 - 280] ( Chapter 4 repealed and added by Stats. 1996, Ch. 988, Sec. 9. )

    Verify source ↗

    Law enforcement officers may place a child in protective custody in certain situations, and courts must then issue and enforce orders to return the child to the lawful custodian.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 4. Child Abduction [277 - 280] ( Chapter 4 repealed and added by Stats. 1996, Ch. 988, Sec. 9. ) ## 279.6. (a) A law enforcement officer may take a child into protective custody under any of the following circumstances: (1) It reasonably appears to the officer that a person is likely to conceal the child, flee the jurisdiction with the child, or, by flight or concealment, evade the authority of the court. (2) There is no lawful custodian available to take custody of the child. (3) There are conflicting custody orders or conflicting claims to custody and the parties cannot agree which party should take custody of the child. (4) The child is an abducted child. (b) When a law enforcement officer takes a child into protective custody pursuant to this section, the officer shall do one of the following: (1) Release the child to the lawful custodian of the child, unless it reasonably appears that the release would cause the child to be endangered, abducted, or removed from the jurisdiction. (2) Obtain an emergency protective order pursuant to Part 3 (commencing with Section 6240) of Division 10 of the Family Code ordering placement of the child with an interim custodian who agrees in writing to accept interim custody. (3) Release the child to the social services agency responsible for arranging shelter or foster care. (4) Return the child as ordered by a court of competent jurisdiction. (c) Upon the arrest of a person for a violation of Section 278 or 278.5, a law enforcement officer shall take possession of an abducted child who is found in the company of, or under the control of, the arrested person and deliver the child as directed in subdivision (b). (d) Notwithstanding any other law, when a person is arrested for an alleged violation of Section 278 or 278.5, the court shall, at the time of the arraignment or thereafter, order that the child shall be returned to the lawful custodian by or on a specific date, or that the person show cause on that date why the child has not been returned as ordered. If conflicting custodial orders exist within this state, or between this state and a foreign state, the court shall set a hearing within five court days to determine which court has jurisdiction under the laws of this state and determine which state has subject matter jurisdiction to issue a custodial order under the laws of this state, the Uniform Child Custody Jurisdiction Act (Part 3 (commencing with Section 3400) of Division 8 of the Family Code), or federal law, if applicable. At the conclusion of the hearing, or if the child has not been returned as ordered by the court at the time of arraignment, the court shall enter an order as to which custody order is valid and is to be enforced. If the child has not been returned at the conclusion of the hearing, the court shall set a date within a reasonable time by which the child shall be returned to the lawful custodian, and order the defendant to comply by this date, or to show cause on that date why he or she has not returned the child as directed. The court shall only enforce its order, or any subsequent orders for the return of the child, under subdivision (a) of Section 1219 of the Code of Civil Procedure, to ensure that the child is promptly placed with the lawful custodian. An order adverse to either the prosecution or defense is reviewable by a writ of mandate or prohibition addressed to the appropriate court. (Added by Stats. 1996, Ch. 988, Sec. 9. Effective January 1, 1997.)
  32. 2790.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Employment of Prisoners [2700 - 2792] ( Heading of Chapter 5 amended by Stats. 1941, Ch. 893. ) ## ARTICLE 5. Employment in Public Parks, Forests, etc. [2780 - 2792] ( Article 5 added by Stats. 1941, Ch. 363. )

    Verify source ↗

    This section bans unauthorized interference with convict work or discipline and forbids giving certain contraband to state prison convicts employed under the article; violators face felony or misdemeanor penalties.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Employment of Prisoners [2700 - 2792] ( Heading of Chapter 5 amended by Stats. 1941, Ch. 893. ) ## ARTICLE 5. Employment in Public Parks, Forests, etc. [2780 - 2792] ( Article 5 added by Stats. 1941, Ch. 363. ) ## 2790. Any person, who, without authority, interferes with or in any way interrupts the work of any convict used pursuant to this article and any person not authorized by law, who gives or attempts to give to any state prison convict so employed any controlled substances, or any intoxicating liquors of any kind whatever, or firearms, weapons or explosives of any kind is guilty of a felony and upon conviction thereof shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 and shall be disqualified from holding any state office or position in the employ of this state. Any person who interferes with the discipline or good conduct of any convict used pursuant to this article, while that convict is in such camps is guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the county jail for a term not more than six months, or by a fine of not more than four hundred dollars ($400), or by both that fine and imprisonment. Any peace officer or any officer or guard of any state prison or any superintendent of that work, having in charge the convicts used in those camps, may arrest without a warrant any person violating any provisions of this article. (Amended by Stats. 2011, Ch. 15, Sec. 465. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  33. 27900.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 27545 does not apply to certain loans of non-handgun firearms at nonprofit auctions, raffles, or similar events if listed conditions are met.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27900. Section 27545 does not apply to the loan of a firearm other than a handgun at an auction, raffle, or similar event conducted by a nonprofit public benefit or mutual benefit corporation organized pursuant to the Corporations Code if all of the following apply: (a) The firearm at all times remains on the premises where the auction, raffle, or similar event occurs. (b) The firearm is to be auctioned, raffled, or otherwise sold for the benefit of that nonprofit public benefit or mutual benefit corporation. (c) The firearm, when sold or otherwise transferred, is delivered to a person licensed pursuant to, and operating in accordance with, Sections 26700 to 26915, inclusive, for sale or other transfer to the person who purchased or otherwise acquired ownership of the firearm. (Repealed and added by Stats. 2019, Ch. 738, Sec. 23. (SB 376) Effective January 1, 2020.)
  34. 27905.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section exempts certain firearm transfers from Section 27545 when the firearm is not a handgun and is donated for a qualifying auction, raffle, or similar nonprofit event.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27905. Section 27545 does not apply to the transfer of a firearm if all of the following requirements are satisfied: (a) The firearm is not a handgun. (b) The firearm is donated for an auction, raffle, or similar event described in Section 27900. (c) The firearm is delivered to the nonprofit corporation immediately preceding, or contemporaneous with, the auction, raffle, or similar event. (Amended by Stats. 2019, Ch. 738, Sec. 24. (SB 376) Effective January 1, 2020.)
  35. 2791.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Employment of Prisoners [2700 - 2792] ( Heading of Chapter 5 amended by Stats. 1941, Ch. 893. ) ## ARTICLE 5. Employment in Public Parks, Forests, etc. [2780 - 2792] ( Article 5 added by Stats. 1941, Ch. 363. )

    Verify source ↗

    This article does not restore, in whole or in part, the civil rights of any convict used under it.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Employment of Prisoners [2700 - 2792] ( Heading of Chapter 5 amended by Stats. 1941, Ch. 893. ) ## ARTICLE 5. Employment in Public Parks, Forests, etc. [2780 - 2792] ( Article 5 added by Stats. 1941, Ch. 363. ) ## 2791. This article is not intended to restore, in whole or in part, the civil rights of any convict used hereunder, and such article shall not be so construed. (Amended by Stats. 1976, Ch. 1347.)
  36. 27910.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 27545 does not apply to certain firearm loans made for target shooting when specified location and storage conditions are met.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27910. Section 27545 does not apply to the loan of a firearm to a person 18 years of age or older for the purposes of shooting at targets if the loan occurs on the premises of a target facility that holds a business or regulatory license or on the premises of any club or organization organized for the purposes of practicing shooting at targets upon established ranges, whether public or private, if the firearm is at all times kept within the premises of the target range or on the premises of the club or organization. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  37. 2792.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Employment of Prisoners [2700 - 2792] ( Heading of Chapter 5 amended by Stats. 1941, Ch. 893. ) ## ARTICLE 5. Employment in Public Parks, Forests, etc. [2780 - 2792] ( Article 5 added by Stats. 1941, Ch. 363. )

    Verify source ↗

    Camps may be established under this article to employ paroled prisoners.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 5. Employment of Prisoners [2700 - 2792] ( Heading of Chapter 5 amended by Stats. 1941, Ch. 893. ) ## ARTICLE 5. Employment in Public Parks, Forests, etc. [2780 - 2792] ( Article 5 added by Stats. 1941, Ch. 363. ) ## 2792. Camps may be established under this article for the employment of paroled prisoners. (Added by Stats. 1941, Ch. 363.)
  38. 27920.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section creates exceptions to dealer-use rules for certain firearm transfers, but requires reports, safety certificates in some cases, and compliance with DOJ procedures.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27920. (a) Section 27545 does not apply to a person who takes title or possession of a firearm by operation of law if the person is not prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm and all of the following conditions are met: (1) If the person taking title or possession is neither a levying officer as defined in Section 481.140, 511.060, or 680.260 of the Code of Civil Procedure, nor a person who is receiving that firearm pursuant to subdivision (g), (h), (i), (j), (l), or (q) of Section 16990, the person shall, within 30 days of taking possession, submit a report to the Department of Justice, in a manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title or possession was obtained and from whom, and a description of the firearm in question. (2) If the person taking title or possession is receiving the firearm pursuant to subdivision (g), (h), (l), or (q) of Section 16990, the person shall do both of the following: (A) Within 30 days of taking possession, submit a report to the Department of Justice, in a form and manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title or possession was obtained and from whom, and a description of the firearm in question. (B) Prior to taking title or possession of the firearm, the person shall obtain a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be presented. (3) Where the person receiving title or possession of the firearm is a person described in subdivision (i) of Section 16990, on the date that the person is delivered the firearm, the name and other information concerning the person taking possession of the firearm, how title or possession of the firearm was obtained and from whom, and a description of the firearm by make, model, serial number, and other identifying characteristics shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that transferred or delivered the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. An agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. (4) Where the person receiving title or possession of the firearm is a person described in subdivision (j) of Section 16990, on the date that the person is delivered the firearm, the name and other information concerning the person taking possession of the firearm, how title or possession of the firearm was obtained and from whom, and a description of the firearm by make, model, serial number, and other identifying characteristics shall be entered into the AFS via the CLETS by the law enforcement or state agency that transferred or delivered the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. An agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. In addition, that law enforcement agency shall not deliver the firearm to the person referred to in this subdivision unless, prior to the delivery of the firearm, the person presents proof to the agency that the person is the holder of a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be presented. (b) Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met: (1) The person acquires ownership of the firearm as an executor, personal representative, or administrator of an estate, or as the trustee of a trust that includes a firearm and that was part of a will that created the trust. (2) If acquisition of the firearm had occurred within this state, the receipt of the firearm by the executor, personal representative, trustee, or administrator would be exempt from the provisions of Section 27545 pursuant to paragraph (1) of subdivision (a). (3) Within 30 days of taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a form and manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. (4) If the executor, personal representative, trustee, or administrator subsequently acquires ownership of that firearm in an individual capacity, prior to transferring ownership to themselves, they shall obtain a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used. (5) The executor, personal representative, trustee, or administrator is 18 years of age or older. (c) Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met: (1) The person acquires ownership of the firearm by bequest or intestate succession as a surviving spouse or as the surviving registered domestic partner of the decedent who owned that firearm. (2) If acquisition of the firearm had occurred within this state, the receipt of the firearm by the surviving spouse or registered domestic partner would be exempt from the provisions of Section 27545 pursuant to paragraph (2) of subdivision (a) by virtue of subdivision (h) of Section 16990. (3) Within 30 days of taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a form and manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. (4) The person has obtained a valid firearm safety certificate, except that in the case of a handgun, a valid unexpired handgun safety certificate may be used. (d) Subdivision (a) of Section 27585 does not apply to a person who imports a firearm into this state, brings a firearm into this state, or transports a firearm into this state if all of the following requirements are met: (1) The firearm is imported into this country pursuant to provisions of Section 925(a)(4) of Title 18 of the United States Code. (2) The person is not subject to the requirements of Section 27560. (3) The firearm is not a firearm that is prohibited by any provision listed in Section 16590. (4) The firearm is not an assault weapon. (5) The firearm is not a machinegun. (6) The firearm is not a .50 BMG rifle. (7) The firearm is not a destructive device. (8) The person is 18 years of age or older. (9) Within 30 days of that person taking possession of the firearm and importing, bringing, or transporting it into this state, the person shall submit a report to the Department of Justice, in a form and manner prescribed by the department, that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. (e) The reports that individuals complete pursuant to this section shall be made available to them in a format prescribed by the Department of Justice. (f) Furnishing a fictitious name or address, knowingly furnishing any incorrect information, or knowingly omitting any information required to be provided for the form described in this section is punishable as a misdemeanor. (g) The department shall establish a fee for submission of the report described in this section and an additional fee for each additional firearm. This fee shall not exceed the reasonable and actual costs of processing the report submitted pursuant to this section. The department may annually review and adjust this fee to fully fund, but not exceed, these costs. (h) The department may request photographs of the firearm to determine if the firearm is a generally prohibited weapon, assault weapon, or machinegun, or is otherwise prohibited. (i) Upon receipt of a report submitted pursuant to this section and any required fee, the department shall examine its records, as well as those records that it is authorized to request from the State Department of State Hospitals pursuant to Section 8104 of the Welfare and Institutions Code, and records available to the department in the National Instant Criminal Background Check System, to determine if the purchaser is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (Amended by Stats. 2024, Ch. 540, Sec. 10. (AB 3064) Effective January 1, 2025.)
  39. 27922.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 27545 does not apply if a person takes possession of a firearm and then delivers it to a law enforcement agency after giving prior notice.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27922. (a) Section 27545 does not apply to a person who takes possession of a firearm and subsequently delivers that firearm to a law enforcement agency if all of the following requirements are met: (1) The person found the firearm or took the firearm from a person who was committing a crime against the person who took the firearm. (2) The person taking possession of that firearm subsequently delivers the firearm to a law enforcement agency. (3) The person gives prior notice to the law enforcement agency that the person is transporting the firearm to the law enforcement agency for disposition according to law. (b) Except as provided in paragraph (4) of subdivision (a) of Section 27920, any firearms that are delivered to a law enforcement agency pursuant to this section that are not subject to the applicable provisions of Sections 18000, 18005, or 34000, shall, if the person has requested the firearm and is eligible to receive it, be returned to that person in accordance with Chapter 2 (commencing with Section 33850) of Division 11. (Added by Stats. 2019, Ch. 110, Sec. 9. (AB 1292) Effective January 1, 2020.)
  40. 27925.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section creates an exception from Section 27545 for certain firearm transfers and requires the individual to have the relevant safety certificate before transfer or possession.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27925. (a) Section 27545 does not apply to a person who takes possession of a firearm by operation of law in a representative capacity who subsequently transfers ownership of the firearm to himself or herself in an individual capacity. (b) Until January 1, 2015, in the case of a handgun, the individual shall obtain a handgun safety certificate prior to transferring ownership to himself or herself, or taking possession of a handgun in an individual capacity. Beginning January 1, 2015, the individual shall obtain a firearm safety certificate prior to transferring ownership to himself or herself, or taking possession of a firearm in an individual capacity, except that in the case of a handgun, an unexpired handgun safety certificate may be used. (Amended by Stats. 2013, Ch. 761, Sec. 10. (SB 683) Effective January 1, 2014.)
  41. 27930.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 27545 does not apply to certain firearm deliveries, transfers, or returns made under listed provisions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27930. Section 27545 does not apply to deliveries, transfers, or returns of firearms made pursuant to any of the following: (a) Sections 18000 and 18005. (b) Division 4 (commencing with Section 18250) of Title 2. (c) Chapter 2 (commencing with Section 33850) of Division 11. (d) Sections 34005 and 34010. (e) Section 29810. (Amended November 8, 2016, by initiative Proposition 63, Sec. 10.2.)
  42. 27935.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 27545 does not apply to certain wholesale transfers of unloaded firearms.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27935. Section 27545 does not apply to the sale, delivery, or transfer of unloaded firearms to a wholesaler as merchandise in the wholesaler’s business by a manufacturer or importer licensed to engage in that business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, or by another wholesaler, if the sale, delivery, or transfer is made in accordance with Chapter 44 (commencing with Section 921) of Title 18 of the United States Code. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  43. 27937.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 27545 does not apply to firearm sales, deliveries, or transfers made under Section 26556.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27937. Section 27545 does not apply to sales, deliveries, or transfers of firearms made pursuant to Section 26556. (Added by Stats. 2019, Ch. 738, Sec. 25. (SB 376) Effective January 1, 2020.)
  44. 27940.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 27545 does not apply to certain regulated firearm sales, deliveries, or transfers if they comply with the applicable statute provisions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27940. Section 27545 does not apply to the sale, delivery, or transfer of a firearm regulated pursuant to any of the following statutes, if the sale, delivery, or transfer of that firearm is conducted in accordance with the applicable provisions of the statute: (a) Chapter 1 (commencing with Section 18710) of Division 5 of Title 2, relating to destructive devices and explosives. (b) Section 24410, relating to cane guns, and the exemptions in Chapter 1 (commencing with Section 17700) of Title 2, as they relate to cane guns. (c) Section 24510, relating to firearms that are not immediately recognizable as firearms, and the exemptions in Chapter 1 (commencing with Section 17700) of Title 2, as they relate to firearms that are not immediately recognizable as firearms. (d) Sections 24610 and 24680, relating to undetectable firearms, and the exemptions in Chapter 1 (commencing with Section 17700) of Title 2, as they relate to undetectable firearms. (e) Section 24710, relating to wallet guns, and the exemptions in Chapter 1 (commencing with Section 17700) of Title 2, as they relate to wallet guns. (f) Chapter 2 (commencing with Section 30500) of Division 10, relating to assault weapons. (g) Section 31500, relating to unconventional pistols, and the exemptions in Chapter 1 (commencing with Section 17700) of Title 2, as they relate to unconventional pistols. (h) Sections 33215 to 33225, inclusive, relating to short-barreled rifles and short-barreled shotguns, and the exemptions in Chapter 1 (commencing with Section 17700) of Title 2, as they relate to short-barreled rifles and short-barreled shotguns. (i) Chapter 6 (commencing with Section 32610) of Division 10, relating to machineguns. (j) Section 33600, relating to zip guns, and the exemptions in Chapter 1 (commencing with Section 17700) of Title 2, as they relate to zip guns. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  45. 27945.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 27545 does not apply to loans of a firearm to a minor if the loan complies with the exemptions in Section 27505.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27945. Section 27545 does not apply to the loan of a firearm to a minor in compliance with the applicable exemptions set forth in Section 27505. (Repealed and added by Stats. 2021, Ch. 250, Sec. 11. (SB 715) Effective January 1, 2022.)
  46. 27950.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 27545 does not apply to a non-handgun firearm loan to a licensed hunter for use during the relevant hunting season.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27950. Section 27545 does not apply to the loan of a firearm, other than a handgun, to a licensed hunter for use by that hunter for a period of time not to exceed the duration of the hunting season for which the firearm is to be used. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  47. 27955.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 27545 does not apply to a firearm loan if the loan is infrequent, the firearm is unloaded, the lender is not a dealer or federal firearms licensee, the recipient is 18 or older, and the firearm is used only as a prop in entertainment production or an event.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27955. Section 27545 does not apply to the loan of a firearm if all of the following requirements are satisfied: (a) The loan is infrequent, as defined in Section 16730. (b) The firearm is unloaded. (c) The loan is made by a person who is neither a dealer nor a federal firearms licensee pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code. (d) The loan is made to a person 18 years of age or older. (e) The loan is for use solely as a prop in a motion picture, television, video, theatrical, or other entertainment production or event. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  48. 27960.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A firearm loan is exempt from Section 27545 if the firearm is unloaded, the lender is a non-dealer federal firearms licensee, the borrower has a valid entertainment firearms permit, and the gun is used only as a prop for entertainment production or events.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27960. (a) Section 27545 does not apply to the loan of a firearm if all of the following requirements are satisfied: (1) The firearm is unloaded. (2) The loan is made by a person who is not a dealer but is a federal firearms licensee pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code. (3) The loan is made to a person who possesses a valid entertainment firearms permit issued pursuant to Chapter 2 (commencing with Section 29500) of Division 8. (4) The firearm is loaned for use solely as a prop in a motion picture, television, video, theatrical, or other entertainment production or event. (b) The person loaning the firearm pursuant to this section shall retain a photocopy of the entertainment firearms permit as proof of compliance with this requirement. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  49. 27963.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 27545’s dealer requirement does not apply to certain firearm sales, deliveries, or transfers involving licensed ammunition manufacturers.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27963. Section 27545 does not apply to the sale, delivery, or transfer of firearms between or to manufacturers of ammunition licensed to engage in that business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto where those firearms are to be used in the course and scope of the licensee’s activities as a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto. (Added by Stats. 2021, Ch. 250, Sec. 12. (SB 715) Effective January 1, 2022.)
  50. 27966.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section exempts certain firearm sales, loans, or transfers from Section 27545 if listed conditions are met, including a non-handgun firearm, collector eligibility, and a timely report to the Department of Justice.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27966. If all of the following requirements are satisfied, Section 27545 shall not apply to the sale, loan, or transfer of a firearm: (a) The firearm is not a handgun. (b) The firearm is a curio or relic, as defined in Section 478.11 of Title 27 of the Code of Federal Regulations, or its successor. (c) The person receiving the firearm has a current certificate of eligibility issued pursuant to Section 26710. (d) The person receiving the firearm is licensed as a collector pursuant to Chapter 44 of Title 18 of the United States Code and the regulations issued thereto. (e) Within 30 days after taking possession of the firearm, the person to whom it is transferred shall submit to the Department of Justice, run up in a form and manner prescribed by the department, a report that includes information concerning the individual taking possession of the firearm, how title was obtained and from whom, and a description of the firearm in question. The department shall provide the report form required by this section. The department may request photographs of the firearm to determine if the firearm is a generally prohibited weapon, assault weapon, or machinegun, or is otherwise prohibited. (f) Furnishing a fictitious name or address, knowingly furnishing any incorrect information, or knowingly omitting any information required to be provided for the form described in this section is punishable as a misdemeanor. (g) The department shall establish a fee for submission of the report described in this section and an additional fee for each additional firearm. This fee shall not exceed the reasonable and actual costs of processing the report submitted pursuant to this section. The department may annually review and adjust this fee to fully fund, but not exceed, these costs. (h) The department may request photographs of the firearm to determine if the firearm is a generally prohibited weapon, assault weapon, or machinegun, or is otherwise prohibited. (i) Upon receipt of a report submitted pursuant to this section and any required fee, the department shall examine its records, as well as those records that it is authorized to request from the State Department of State Hospitals pursuant to Section 8104 of the Welfare and Institutions Code, and records available to the department in the National Instant Criminal Background Check System, to determine if the purchaser is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (Amended by Stats. 2024, Ch. 540, Sec. 11. (AB 3064) Effective January 1, 2025.)
  51. 27970.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Section 27545 does not apply to a firearm loan made to a person enrolled in prescribed or commission-certified basic training when the loan is for participation in the course.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Exceptions to the Requirement of Using a Dealer for a Private Party Firearms Transaction [27850 - 27970] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 27970. Section 27545 does not apply to the loan of a firearm if the loan of the firearm is to a person enrolled in the course of basic training prescribed by the Commission on Peace Officer Standards and Training, or any other course certified by the commission, for purposes of participation in the course. (Added by Stats. 2017, Ch. 783, Sec. 2. (AB 693) Effective October 14, 2017.)
  52. 28.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 1. OF PERSONS LIABLE TO PUNISHMENT FOR CRIME [25 - 29.8] ( Title 1 enacted 1872. )

    Verify source ↗

    Evidence of mental disease, mental defect, or mental disorder generally cannot be used to show lack of mental state capacity, and diminished capacity-type defenses are unavailable; the section does not apply to insanity hearings under Section 1026.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 1. OF PERSONS LIABLE TO PUNISHMENT FOR CRIME [25 - 29.8] ( Title 1 enacted 1872. ) ## 28. (a) Evidence of mental disease, mental defect, or mental disorder shall not be admitted to show or negate the capacity to form any mental state, including, but not limited to, purpose, intent, knowledge, premeditation, deliberation, or malice aforethought, with which the accused committed the act. Evidence of mental disease, mental defect, or mental disorder is admissible solely on the issue of whether or not the accused actually formed a required specific intent, premeditated, deliberated, or harbored malice aforethought, when a specific intent crime is charged. (b) As a matter of public policy there shall be no defense of diminished capacity, diminished responsibility, or irresistible impulse in a criminal action or juvenile adjudication hearing. (c) This section shall not be applicable to an insanity hearing pursuant to Section 1026. (d) Nothing in this section shall limit a court’s discretion, pursuant to the Evidence Code, to exclude psychiatric or psychological evidence on whether the accused had a mental disease, mental defect, or mental disorder at the time of the alleged offense. (Amended by Stats. 2002, Ch. 784, Sec. 528. Effective January 1, 2003.)
  53. 280.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 4. Child Abduction [277 - 280] ( Chapter 4 repealed and added by Stats. 1996, Ch. 988, Sec. 9. )

    Verify source ↗

    A person who willfully causes or permits a child’s removal or concealment in violation of certain Family Code sections is subject to criminal punishment.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 4. Child Abduction [277 - 280] ( Chapter 4 repealed and added by Stats. 1996, Ch. 988, Sec. 9. ) ## 280. Every person who willfully causes or permits the removal or concealment of any child in violation of Section 8713, 8803, or 8910 of the Family Code shall be punished as follows: (a) By imprisonment in a county jail for not more than one year if the child is concealed within the county in which the adoption proceeding is pending or in which the child has been placed for adoption, or is removed from that county to a place within this state. (b) By imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail for not more than one year, if the child is removed from that county to a place outside of this state. (Amended by Stats. 2011, Ch. 15, Sec. 315. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  54. 2800.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. )

    Verify source ↗

    This section continues the California Correctional Training and Rehabilitation Authority and defines “authority” for this article.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. ) ## 2800. There is hereby continued in existence within the Department of Corrections and Rehabilitation the California Correctional Training and Rehabilitation Authority. As used in this article, “authority” means the California Correctional Training and Rehabilitation Authority. Any reference to the Department of Corrections shall refer to the Department of Corrections and Rehabilitation. (Amended by Stats. 2025, Ch. 241, Sec. 35. (SB 857) Effective January 1, 2026.)
  55. 2800.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. )

    Verify source ↗

    The Prison Industry Authority must be known as the California Correctional Training and Rehabilitation Authority.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. ) ## 2800.5. The Prison Industry Authority shall be known as the California Correctional Training and Rehabilitation Authority. Any reference to the Prison Industry Authority in this or any other code shall be construed to mean the California Correctional Training and Rehabilitation Authority. (Added by Stats. 2025, Ch. 241, Sec. 36. (SB 857) Effective January 1, 2026.)
  56. 28000.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 7. Report to Department of Justice [28000- 28000.] ( Article 7 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Certain exempt or otherwise unrequired persons may voluntarily report firearm acquisition, ownership, or certain firearm disposition or move information to the Department of Justice using the department’s prescribed form and format.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4. Crimes Relating to Sale, Lease, or Transfer of Firearms [27500 - 28000] ( Chapter 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 7. Report to Department of Justice [28000- 28000.] ( Article 7 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28000. (a) A person who is exempt from Section 27545 or is otherwise not required by law to report the acquisition or ownership of a firearm may submit that information to the Department of Justice in a manner and format prescribed by the department. (b) The form described in subdivision (a) shall include, without limitation, all of the following information: (1) The name, gender, date and place of birth, address, and telephone number of the applicant. (2) The country of citizenship of the applicant and, if not a citizen of the United States, proof of lawful presence including a permanent resident number or Arrival/Departure Record card (I-94) number. (3) The make, model, caliber, barrel length, type, country of origin, and serial number of the firearm, or, if the firearm does not have a serial number, the identification number, or identification mark assigned to it. (4) The applicant’s valid California driver’s license number or valid California identification card number issued by the Department of Motor Vehicles, or a copy of the applicant’s military identification with orders indicating that the individual is stationed in California. (5) The signature of the applicant and the date of such signature. (c) Furnishing a fictitious name or address, knowingly furnishing any incorrect information, or knowingly omitting any information required to be provided for the form described in subdivision (b) is punishable as a misdemeanor. (d) The department shall establish a fee for submission of the form described in subdivision (a) and an additional fee for each additional firearm. This fee shall not exceed the reasonable and actual costs of processing the form submitted pursuant to this section. The department may annually review and adjust this fee to fully fund, but not exceed, these costs. (e) Upon receipt of a completed application submitted pursuant to this section and any required fee, the department shall examine its records, as well as those records that it is authorized to request from the State Department of State Hospitals pursuant to Section 8104 of the Welfare and Institutions Code, and records available to the department in the National Instant Criminal Background Check System, to determine if the purchaser is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (f) (1) A person not otherwise required to report the destruction, disposal, dispossession, relinquishment, or transfer of a firearm, may report the destruction, disposal, dispossession, relinquishment, or transfer of that firearm to the department, in a manner and format prescribed by the department. (2) A person who moves out of this state with a firearm and is no longer a resident of this state may report their move to the department, in a manner and format prescribed by the department. (g) The department may request photographs of the firearms reported pursuant to this section to determine if the firearm is a generally prohibited weapon, assault weapon, or machinegun, or is otherwise prohibited. (h) The department may request documentation, which would provide proof a firearm has been transferred, destroyed, disposed of, or permanently removed from this state. Documentation may include copies of receipts, forms, government-issued identification cards, and photographs to determine if the firearm is no longer possessed by the reporting party, or has been removed from this state. The department may reject the report if the department determines the documentation provided is insufficient to prove transfer, destruction, dispossession, or removal from this state. (Amended by Stats. 2024, Ch. 540, Sec. 12. (AB 3064) Effective January 1, 2025.)
  57. 2801.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. )

    Verify source ↗

    The authority’s purpose is to run prison work enterprises and related programs, and it must not establish cash reserves for retiree health care and pension liabilities above the amounts stated in paragraph (1).

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. ) ## 2801. The purposes of the authority are: (a) To develop and operate industrial, agricultural, and service enterprises employing prisoners in institutions under the jurisdiction of the Department of Corrections and Rehabilitation, which enterprises may be located either within those institutions or elsewhere, all as may be determined by the authority. (b) To create and maintain working conditions within the enterprises as much like those which prevail in private industry as possible, to ensure prisoners employed therein the opportunity to work productively, to earn funds, and to acquire or improve effective work habits and occupational skills. (c) To operate a work program for prisoners that will ultimately be self-supporting by generating sufficient funds from the sale of products and services to pay all the expenses of the program, and one that will provide goods and services that are or will be used by the Department of Corrections and Rehabilitation, thereby reducing the cost of its operation. (1) This subdivision does not require immediate cash availability for funding retiree health care and pension liabilities above amounts established in the Budget Act, or as determined by the Board of Administration of the Public Employees’ Retirement System, or the Director of Finance for the fiscal year. (2) The California Correctional Training and Rehabilitation Authority shall not establish cash reserves to support funding retiree health care and pension liabilities above the amounts specified in paragraph (1). (Amended by Stats. 2025, Ch. 241, Sec. 37. (SB 857) Effective January 1, 2026.)
  58. 28010.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4.1. Registration and Assignment of Firearms by Private Patrol Operators [28010 - 28024] ( Chapter 4.1 added by Stats. 2014, Ch. 423, Sec. 6. )

    Verify source ↗

    This section defines key terms for the chapter and says a licensed PPO may assign firearms it owns to licensed employees while providing armed private contract security services.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4.1. Registration and Assignment of Firearms by Private Patrol Operators [28010 - 28024] ( Chapter 4.1 added by Stats. 2014, Ch. 423, Sec. 6. ) ## 28010. (a) The Legislature finds and declares that current practices and statutes authorize the purchase, registration, and ownership of firearms by an individual, but not by a business entity. (b) It is the intent of the Legislature in enacting this chapter to allow business ownership and registration of firearms in the case of licensed Private Patrol Operators (PPOs) who are actively providing armed private contract security services. It is further the intent of the Legislature to establish procedures whereby a PPO may assign firearms it owns to its employees who are licensed to carry firearms and that assignment of a firearm by a PPO to that employee would not constitute a loan, sale, or transfer of a firearm. (c) It is the intent of the Legislature to require notification of the Bureau of Security and Investigative Services any time a security guard is listed on the Prohibited Armed Persons File so that the bureau may proceed with appropriate action regarding the licensing of the employee. (d) For purposes of this chapter, the following definitions apply: (1) “Bureau” means the Bureau of Security and Investigative Services within the Department of Consumer Affairs. (2) “Department” means the Department of Justice. (3) “Director” means the Director of the Department of Consumer Affairs. (4) “Private patrol operator” or “PPO” means a private patrol operator licensed pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code whose license is not suspended, revoked, expired, inactive, delinquent, or canceled. (5) “Security guard” means a security guard registered pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code whose registration is not suspended, revoked, expired, inactive, delinquent, or canceled. (Added by Stats. 2014, Ch. 423, Sec. 6. (AB 2220) Effective January 1, 2015. Section operative July 1, 2016, pursuant to Section 28024.)
  59. 28012.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4.1. Registration and Assignment of Firearms by Private Patrol Operators [28010 - 28024] ( Chapter 4.1 added by Stats. 2014, Ch. 423, Sec. 6. )

    Verify source ↗

    This section sets registration, form, and notice rules for PPO-owned firearms and armed security guards.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4.1. Registration and Assignment of Firearms by Private Patrol Operators [28010 - 28024] ( Chapter 4.1 added by Stats. 2014, Ch. 423, Sec. 6. ) ## 28012. (a) A PPO may be the registered owner of a firearm if the PPO is registered with the department pursuant to procedures established by the department. (b) The department shall modify the department’s Dealers’ Record of Sale (DROS) form to allow a PPO to be listed as the purchaser and registered owner of a firearm. The form shall also require the PPO to identify its type of business formation and to include any tax identification number or other identifying number of the PPO that may be required by the department. (c) (1) The department shall modify the department’s DROS form to require the PPO to designate a “firearms custodian” for the firearm owned by the PPO that is listed in the DROS. A firearms custodian shall possess a valid firearms qualification permit issued by the bureau. A firearms custodian is responsible for the tracking, safekeeping, and inventory of those firearms of the PPO for which the custodian is designated, and shall serve as a point of contact for the department regarding the firearms for which the custodian is designated. (2) If a firearms custodian is no longer employed by the PPO in that capacity, or otherwise becomes ineligible to be the firearms custodian, the PPO shall notify the department of that fact within seven days in a manner prescribed by the department, and the PPO shall notify the department of the designated replacement firearms custodian within 20 days of the original notice. (d) A security guard shall possess a valid firearm qualification permit issued by the bureau prior to receiving a firearm from a PPO pursuant to a Certificate of Assignment (COA). A firearm shall be assigned by a PPO to a security guard who is employed to work for the PPO only when that employment requires the security guard to be armed. (e) (1) (A) The department shall prescribe a “Certificate of Assignment” or “COA.” The COA may include fields that are in the DROS form, and shall be used to identify the employee of the PPO who has been assigned a PPO-owned firearm by the PPO pursuant to this chapter. (B) The COA shall also be used to identify an employee of the PPO who will use his or her own firearm in the course of his or her duties as a security guard. The COA shall not require specific information regarding an employee-owned firearm. (2) A PPO shall register a PPO-owned firearm acquired prior to July 1, 2016, as a PPO-owned firearm in a manner prescribed by the department prior to filing a COA for that firearm. (3) Upon the PPO assigning a firearm to an employee who is a security guard, the PPO shall complete the COA and file it with the department in a timely manner as prescribed by the department. (f) The department shall cause the information contained on the COA to be entered into the Automated Firearms System in a timely manner. Upon termination of the employment assignment that requires the security guard to be armed and the transfer of the firearm from the security guard back to the PPO, the PPO shall complete a COA indicating that the firearm is no longer assigned to the employee and that the firearm is in the possession of the PPO and shall file the COA with the department in a timely manner, as prescribed. (g) If a security guard becomes listed on the Prohibited Armed Persons File, the department shall immediately notify the bureau of the listing by secured electronic delivery. Upon that notification, the bureau shall take appropriate action regarding the security guard. In addition, the department shall notify the PPO, in the manner the department deems appropriate, that the PPO employee is prohibited from being armed. This chapter does not prohibit the department from also notifying the bureau if a security guard has been arrested and charged with an offense that, upon conviction, would constitute a basis for revocation of a firearms qualification permit or security guard registration. (Added by Stats. 2014, Ch. 423, Sec. 6. (AB 2220) Effective January 1, 2015. Section operative July 1, 2016, pursuant to Section 28024.)
  60. 28014.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4.1. Registration and Assignment of Firearms by Private Patrol Operators [28010 - 28024] ( Chapter 4.1 added by Stats. 2014, Ch. 423, Sec. 6. )

    Verify source ↗

    The department must charge a fee for COA filing and processing, but the fee cannot exceed the department’s reasonable costs.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4.1. Registration and Assignment of Firearms by Private Patrol Operators [28010 - 28024] ( Chapter 4.1 added by Stats. 2014, Ch. 423, Sec. 6. ) ## 28014. The department shall charge a fee not to exceed the reasonable costs to the department for filing and processing a COA, and for the costs incurred in the implementation and administration of this chapter, including, but not limited to, entering information obtained pursuant to this chapter into the Automated Firearms System and other databases as deemed necessary by the department. The fee shall be deposited in the Dealers’ Record of Sale Special Account. (Added by Stats. 2014, Ch. 423, Sec. 6. (AB 2220) Effective January 1, 2015. Section operative July 1, 2016, pursuant to Section 28024.)
  61. 28016.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4.1. Registration and Assignment of Firearms by Private Patrol Operators [28010 - 28024] ( Chapter 4.1 added by Stats. 2014, Ch. 423, Sec. 6. )

    Verify source ↗

    A PPO must sell or transfer all PPO-owned firearms within 30 days after certain business or license changes, and must notify the department within five business days of any such sale or transfer unless the transaction was through a licensed firearms dealer.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4.1. Registration and Assignment of Firearms by Private Patrol Operators [28010 - 28024] ( Chapter 4.1 added by Stats. 2014, Ch. 423, Sec. 6. ) ## 28016. (a) If the PPO ceases to do business, ceases to possess a valid PPO license issued by the bureau that is not suspended, revoked, expired, inactive, delinquent, or canceled, ceases as a business entity, or changes its type of business formation, the PPO shall, within 30 days and unless otherwise prohibited by law, lawfully sell or transfer all PPO-owned firearms. (b) A PPO shall notify the department of the sale or transfer of a PPO-owned firearm within five business days of the transaction in a manner prescribed by the department. This subdivision shall not apply if the sale or transfer was made to or through a licensed firearms dealer pursuant to Chapter 5 (commencing with Section 28050). (Added by Stats. 2014, Ch. 423, Sec. 6. (AB 2220) Effective January 1, 2015. Section operative July 1, 2016, pursuant to Section 28024.)
  62. 28018.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4.1. Registration and Assignment of Firearms by Private Patrol Operators [28010 - 28024] ( Chapter 4.1 added by Stats. 2014, Ch. 423, Sec. 6. )

    Verify source ↗

    An assignment of a firearm under this chapter is not treated as a loan, sale, or transfer.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4.1. Registration and Assignment of Firearms by Private Patrol Operators [28010 - 28024] ( Chapter 4.1 added by Stats. 2014, Ch. 423, Sec. 6. ) ## 28018. Notwithstanding any other law, an assignment of a firearm pursuant to this chapter shall not constitute a loan, sale, or transfer of a firearm. (Added by Stats. 2014, Ch. 423, Sec. 6. (AB 2220) Effective January 1, 2015. Section operative July 1, 2016, pursuant to Section 28024.)
  63. 2802.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. )

    Verify source ↗

    A California Correctional Training and Rehabilitation Board continues in existence, and specified officials must appoint its members.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. ) ## 2802. Commencing July 1, 2005, there is hereby continued in existence within the Department of Corrections and Rehabilitation a California Correctional Training and Rehabilitation Board. The board shall consist of the following 11 members: (a) The Secretary of the Department of Corrections and Rehabilitation, or their designee. (b) The Director of the Department of General Services, or their designee. (c) The Secretary of Transportation, or their designee. (d) The Speaker of the Assembly shall appoint two members to represent the general public. (e) The Senate Committee on Rules shall appoint two members to represent the general public. (f) The Governor shall appoint four members. Of these, two shall be representatives of organized labor, and two shall be representatives of industry. The initial term of one of the members appointed by the Speaker of the Assembly shall be two years, and the initial term of the other shall be three years. The initial term of one of the members appointed by the Senate Committee on Rules shall be two years, and the initial term of the other shall be three years. The initial terms of the four members appointed by the Governor shall be four years. All subsequent terms of all members shall be for four years. Each member’s term shall continue until the appointment and qualification of their successor. (Amended by Stats. 2025, Ch. 241, Sec. 38. (SB 857) Effective January 1, 2026.)
  64. 28020.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4.1. Registration and Assignment of Firearms by Private Patrol Operators [28010 - 28024] ( Chapter 4.1 added by Stats. 2014, Ch. 423, Sec. 6. )

    Verify source ↗

    A security guard must return a PPO-owned firearm within 48 hours of a request or certain employment/qualification events, and the PPO must notify the bureau if the guard does not comply.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4.1. Registration and Assignment of Firearms by Private Patrol Operators [28010 - 28024] ( Chapter 4.1 added by Stats. 2014, Ch. 423, Sec. 6. ) ## 28020. (a) Within 48 hours of the PPO’s request, for any reason, or within 48 hours of separation of employment or revocation of the firearm qualification card, the security guard shall return to the PPO the firearm owned by the PPO and listed on a COA. (b) The failure of a security guard to comply with subdivision (a) is a misdemeanor. (c) If a security guard employed by a PPO does not comply with subdivision (a), the PPO shall notify the bureau within seven business days from the date that the security guard was required to return the firearm to the PPO. (d) This chapter does not limit the right of a security guard to use, possess, or otherwise lawfully carry a firearm owned by that security guard. (Added by Stats. 2014, Ch. 423, Sec. 6. (AB 2220) Effective January 1, 2015. Section operative July 1, 2016, pursuant to Section 28024.)
  65. 28022.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4.1. Registration and Assignment of Firearms by Private Patrol Operators [28010 - 28024] ( Chapter 4.1 added by Stats. 2014, Ch. 423, Sec. 6. )

    Verify source ↗

    The director or a designee may fine a PPO or security guard up to $1,000 for each willful violation, and collected fines go to the Private Security Services Fund.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4.1. Registration and Assignment of Firearms by Private Patrol Operators [28010 - 28024] ( Chapter 4.1 added by Stats. 2014, Ch. 423, Sec. 6. ) ## 28022. (a) The director, through his or her designee, may assess an administrative fine of up to one thousand dollars ($1,000) against a PPO or a security guard for each willful violation of this chapter. All fines collected pursuant to this chapter shall be deposited in the Private Security Services Fund. (b) An assessment imposed pursuant to this section may be appealed pursuant to Section 7581.3 of the Business and Professions Code. (Added by Stats. 2014, Ch. 423, Sec. 6. (AB 2220) Effective January 1, 2015. Section operative July 1, 2016, pursuant to Section 28024.)
  66. 28024.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4.1. Registration and Assignment of Firearms by Private Patrol Operators [28010 - 28024] ( Chapter 4.1 added by Stats. 2014, Ch. 423, Sec. 6. )

    Verify source ↗

    This chapter becomes operative on July 1, 2016.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 4.1. Registration and Assignment of Firearms by Private Patrol Operators [28010 - 28024] ( Chapter 4.1 added by Stats. 2014, Ch. 423, Sec. 6. ) ## 28024. This chapter shall become operative on July 1, 2016. (Added by Stats. 2014, Ch. 423, Sec. 6. (AB 2220) Effective January 1, 2015. Note: This section prescribes a delayed operative date (July 1, 2016) for Chapter 4.1, commencing with Section 28010.)
  67. 2803.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. )

    Verify source ↗

    This section assigns the Department of Corrections and Rehabilitation Secretary as board chair and sets board meeting and voting rules.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. ) ## 2803. The Secretary of the Department Corrections and Rehabilitation shall be the chairperson of the board. The chairperson shall be the administrative head of the board and shall exercise all duties and functions necessary to insure that the responsibilities of the board are successfully discharged. The board shall hold meetings on the call of the chairperson or a majority of the board. Six members of the board, including the chairperson, shall constitute a quorum. The vote of a majority of the members serving on the board is necessary for the transaction of the business of the board. (Amended by Stats. 2005, Ch. 10, Sec. 18. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10.)
  68. 2804.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. )

    Verify source ↗

    Board members are entitled to a per diem set by the chairperson, but not below the usual out-of-state travel rate for Department of Corrections and Rehabilitation employees, and to reimbursement of actual and necessary travel expenses.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. ) ## 2804. The appointed members of the board shall receive a per diem to be determined by the chairperson, but not less than the usual per diem rate allowed to the Department of Corrections and Rehabilitation employees during travel out of state. All members, including the chairperson, shall also receive their actual and necessary expenses of travel incurred in attending meetings of the commission and in making investigations, either as a board or individually as members of the board at the request of the chairperson. All the expenses shall be paid from the California Correctional Training and Rehabilitation Revolving Fund. (Amended by Stats. 2025, Ch. 241, Sec. 39. (SB 857) Effective January 1, 2026.)
  69. 2805.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. )

    Verify source ↗

    The authority must take over specified prison-related operations and may create new enterprises, training programs, and buy or sell related equipment and supplies.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. ) ## 2805. The authority shall assume jurisdiction over the operation of all industrial, agricultural, and service operations formerly under the jurisdiction of the Correctional Industries Commission. In addition, the authority shall have the power to establish new industrial, agricultural and service enterprises which it deems appropriate, to initiate and develop new vocational training programs, and to assume jurisdiction over existing vocational training programs. The authority shall have control over and the power to buy and sell all equipment, supplies and materials used in the operations over which it assumes control and jurisdiction. (Added by Stats. 1982, Ch. 1549, Sec. 28.)
  70. 2806.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. )

    Verify source ↗

    This section creates the California Correctional Training and Rehabilitation Revolving Fund, requires it to maintain at least $730,000, and directs prison-industry receipts to be paid monthly to the State Treasurer and credited to the fund.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. ) ## 2806. (a) There is hereby constituted a permanent revolving fund in the sum of not less than seven hundred thirty thousand dollars ($730,000), to be known as the California Correctional Training and Rehabilitation Revolving Fund, and to be used to meet the expenses necessary in the purchasing of materials and equipment, salaries, construction and cost of administration of the prison industries program. The fund may also be used to refund deposits either erroneously made or made in cases where delivery of products cannot be consummated. The fund shall at all times contain the amount of at least seven hundred thirty thousand dollars ($730,000), either in cash or in receivables, consisting of raw materials, finished or unfinished products, inventory at cost, equipment, or any combination of the above. Money received from the rendering of services or the sale of products in the prisons and institutions under the jurisdiction of the Department of Corrections and Rehabilitation pursuant to this article shall be paid to the State Treasurer monthly and shall be credited to the fund. At any time that the Secretary of the Department of Corrections and Rehabilitation and the Director of Finance jointly determine that the balance in that revolving fund is greater than is necessary to carry out the purposes of the authority, they shall so inform the Controller and request a transfer of the unneeded balance from the revolving fund to the General Fund of the State of California. The Controller is authorized to transfer balances upon request. Funds deposited in the revolving fund are not subject to annual appropriation by the Legislature and may be used without a time limit by the authority. (b) The California Correctional Training and Rehabilitation Revolving Fund is not subject to the provisions of Articles 2 (commencing with Section 13320) and 3 (commencing with Section 13335) of Chapter 3 of Part 3 of Division 3 of Title 2 of the Government Code. (c) Any major capital outlay project undertaken by the authority pursuant to this article shall be subject to review by the Public Works Board pursuant to the provisions of Part 10.5 (commencing with Section 15752) of Division 3 of Title 2 of the Government Code. (Amended by Stats. 2025, Ch. 241, Sec. 40. (SB 857) Effective January 1, 2026.)
  71. 2807.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. )

    Verify source ↗

    The authority may operate industrial, agricultural, and service enterprises, and state agencies must use these products and consult with the authority. Certain products and services may be sold to nonprofit organizations only if specific conditions are met, and the forestry and fire department may buy protective equipment from the authority or private sellers.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. ) ## 2807. (a) The authority is hereby authorized and empowered to operate industrial, agricultural, and service enterprises which will provide products and services needed by the state, or any political subdivision thereof, or by the federal government, or any department, agency, or corporation thereof, or for any other public use. Products may be purchased by state agencies to be offered for sale to inmates of the department and to any other person under the care of the state who resides in state-operated institutional facilities. Fresh meat may be purchased by food service operations in state-owned facilities and sold for onsite consumption. (b) All things authorized to be produced under subdivision (a) shall be purchased by the state, or any agency thereof, and may be purchased by any county, city, district, or political subdivision, or any agency thereof, or by any state agency to offer for sale to persons residing in state-operated institutions, at the prices fixed by the authority. State agencies shall make maximum utilization of these products, and shall consult with the staff of the authority to develop new products and adapt existing products to meet their needs. (c) All products and services provided by the authority may be offered for sale to a nonprofit organization, provided that all of the following conditions are met: (1) The nonprofit organization is located in California and is exempt from taxation under Section 501(c)(3) of Title 26 of the United States Code. (2) The nonprofit organization has entered into a memorandum of understanding with a local educational agency. As used in this section, “local educational agency” means a school district, county office of education, state special school, or charter school. (3) The products and services are provided to public school students at no cost to the students or their families. (d) Notwithstanding subdivision (b), the Department of Forestry and Fire Protection may purchase personal protective equipment from the authority or private entities, based on the Department of Forestry and Fire Protection’s needs and assessment of quality and value. (Amended by Stats. 2022, Ch. 28, Sec. 127. (SB 1380) Effective January 1, 2023.)
  72. 2808.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. )

    Verify source ↗

    The board has broad powers over the authority’s operations, but must follow limits in this article, give public notice for hearings, report annually to the Legislature, and may not approve certain harmful new enterprises or set excess cash reserves.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. ) ## 2808. The board, in the exercise of its duties, shall have all of the powers and do all of the things that the board of directors of a private corporation would do, except as specifically limited in this article, including, but not limited to, all of the following: (a) To enter into contracts and leases, execute leases, pledge the equipment, inventory, and supplies under the control of the authority and the anticipated future receipts of any enterprise under the jurisdiction of the authority as collateral for loans, and execute other necessary instruments and documents. (b) To ensure that all funds received by the authority are kept in commercial accounts according to standard accounting practices. (c) To arrange for an independent annual audit. (d) To review and approve the annual budget for the authority, in order to ensure that the solvency of the California Correctional Training and Rehabilitation Revolving Fund is maintained. (1) This subdivision does not require immediate cash availability for funding retiree health care and pension liabilities above amounts established in the Budget Act, or as determined by the Board of Administration of the Public Employees’ Retirement System, or the Director of Finance for the fiscal year. (2) The California Correctional Training and Rehabilitation Authority shall not establish cash reserves to support funding retiree health care and pension liabilities above the amounts specified in paragraph (1). (e) To contract to employ a director to serve as the chief administrative officer of the authority. The director shall serve at the pleasure of the chairperson. The director shall have wide and successful experience with a productive enterprise, and have a demonstrated appreciation of the problems associated with prison management. (f) To apply for and administer grants and contracts of all kinds. (g) To establish, notwithstanding any other law, procedures governing the purchase of raw materials, component parts, and any other goods and services that may be needed by the authority or in the operation of any enterprise under its jurisdiction. Those procedures shall contain provisions for appeal to the board from any action taken in connection with them. (h) To establish, expand, diminish, or discontinue industrial, agricultural, and service enterprises under the authority’s jurisdiction to enable it to operate as a self-supporting enterprise, to provide as much employment for inmates as is feasible, and to provide diversified work activities to minimize the impact on existing private industry in the state. (i) To hold public hearings pursuant to subdivision (h) to provide an opportunity for persons or organizations who may be affected to appear and present testimony concerning the plans and activities of the authority. The authority shall ensure adequate public notice of those hearings. A new industrial, agricultural, or service enterprise that involves a gross annual production of more than fifty thousand dollars ($50,000) shall not be established unless and until a hearing concerning the enterprise has been held by a committee of persons designated by the board including at least two board members. The board shall take into consideration the effect of a proposed enterprise on California industry and shall not approve the establishment of the enterprise if the board determines it would have a comprehensive and substantial adverse impact on California industry that cannot be mitigated. (j) To periodically determine the prices at which activities, supplies, and services shall be sold. (k) To report to the Legislature in writing, on or before February 1 of each year, regarding: (1) The financial activity and condition of each enterprise under its jurisdiction. (2) The plans of the board regarding any significant changes in existing operations. (3) The plans of the board regarding the development of new enterprises. (4) A breakdown, by institution, of the number of prisoners at each institution, working in enterprises under the jurisdiction of the authority, said number to indicate the number of prisoners who are not working full time. (Amended by Stats. 2025, Ch. 241, Sec. 41. (SB 857) Effective January 1, 2026.)
  73. 2809.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. )

    Verify source ↗

    The authority may recruit and employ civilian staff, must establish personnel procedures, and those procedures apply to employees in enterprises under the authority’s jurisdiction.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. ) ## 2809. Notwithstanding any other provision of law, commencing July 1, 2005, the authority may recruit and employ civilian staff that may be necessary to carry out the purposes of this article, and shall establish recruiting, testing, hiring, promotion, disciplinary, and dismissal procedures and practices which will meet the unique personnel needs of the authority. The practices may include incentives based on productivity, profit-sharing plans, or other criteria which will encourage civilian employee involvement in the productivity goals of the authority. The procedures and practices shall apply to all employees working in enterprises under the jurisdiction of the authority. The general manager shall be the appointing authority for all personnel of the authority other than the general manager. (Amended by Stats. 2005, Ch. 10, Sec. 23. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10.)
  74. 281.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. )

    Verify source ↗

    A person who already has a living spouse must not marry or enter into a registered domestic partnership with someone else, unless Section 282 applies.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. ) ## 281. (a) Every person having a spouse living, who marries or enters into a registered domestic partnership with any other person, except in the cases specified in Section 282, is guilty of bigamy. (b) Upon a trial for bigamy, it is not necessary to prove either of the marriages or registered domestic partnerships by the register, certificate, or other record evidence thereof, but the marriages or registered domestic partnerships may be proved by evidence which is admissible to prove a marriage or registered domestic partnership in other cases; and when the second marriage or registered domestic partnership took place out of this state, proof of that fact, accompanied with proof of cohabitation thereafter in this state, is sufficient to sustain the charge. (Amended by Stats. 2016, Ch. 50, Sec. 70. (SB 1005) Effective January 1, 2017.)
  75. 2810.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. )

    Verify source ↗

    The general manager may authorize the authority to borrow money, but only with Department of Finance approval and only for listed purposes.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. ) ## 2810. Commencing July 1, 2005, the general manager, with the approval of the Department of Finance, may authorize the borrowing of money by the authority for purposes of any of the following: (a) Operating the business affairs of the authority. (b) Purchasing new equipment, materials and supplies. (c) Constructing new facilities, or repairing, remodeling, or demolishing old facilities. Funds may be borrowed from private sources, upon those terms that the Department of Finance deems appropriate, including but not limited to, the use of equipment under the jurisdiction of the authority, and of the future income of an enterprise under the jurisdiction of the authority, as collateral to secure any loan. (Amended by Stats. 2005, Ch. 10, Sec. 24. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10.)
  76. 2810.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. )

    Verify source ↗

    The Pooled Money Investment Board, or its successor, may grant loans to the authority for a new industrial, agricultural, or service enterprise if the Legislature has appropriated money for that purpose and the Secretary of the Department of Corrections and Rehabilitation applies.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. ) ## 2810.5. Notwithstanding any other law, commencing July 1, 2005, the Pooled Money Investment Board, or its successor, may grant loans to the authority when money is appropriated for that purpose by the Legislature, upon application by the Secretary of the Department of Corrections and Rehabilitation, in order to finance the establishment of a new industrial, agricultural, or service enterprise. All loans shall bear the same interest rate as the pooled money market investment rate and shall have a maximum repayment period of 20 years from the date of approval of the loan. Prior to making its decision to grant a loan, the Pooled Money Investment Board, or its successor, shall require the authority to demonstrate all of the following: (a) The proposed industry project cannot be feasibly financed from private sources under Section 2810. The authority shall present proposed loan conditions from at least two private sources. (b) The proposed industry project cannot feasibly be financed from proceeds from other California Correctional Training and Rehabilitation Authority enterprises. (c) The proceeds from the proposed project provide for a reasonable payback schedule to the General Fund. (Amended by Stats. 2025, Ch. 241, Sec. 42. (SB 857) Effective January 1, 2026.)
  77. 28100.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. General Provisions Relating to the Register or the Record of Electronic or Telephonic Transfer [28100 - 28110] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Dealers must keep a DOJ-prescribed register or record of electronic or telephonic firearm transfers, with listed exceptions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. General Provisions Relating to the Register or the Record of Electronic or Telephonic Transfer [28100 - 28110] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28100. (a) As required by the Department of Justice, every dealer shall keep a register or record of electronic or telephonic transfer in which shall be entered the information prescribed in Article 2 (commencing with Section 28150). (b) This section shall not apply to any of the following transactions: (1) The loan of an unloaded firearm by a dealer to a person who possesses a valid entertainment firearms permit issued pursuant to Chapter 2 (commencing with Section 29500) of Division 8, for use solely as a prop in a motion picture, television, video, theatrical, or other entertainment production or event. (2) The delivery of an unloaded firearm by a dealer to a gunsmith for service or repair. (3) Until January 1, 2014, the sale, delivery, or transfer of an unloaded firearm, other than a handgun, by a dealer to another dealer, upon proof of compliance with the requirements of Section 27555. (4) The sale, delivery, or transfer of an unloaded firearm by a dealer who sells, delivers, or transfers the firearm to a person who resides outside this state and is licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and any regulations issued pursuant thereto. (5) The sale, delivery, or transfer of an unloaded firearm by a dealer to a wholesaler if that firearm is being returned to the wholesaler and is intended as merchandise in the wholesaler’s business. (6) The sale, delivery, or transfer of an unloaded firearm by a dealer to another dealer, upon proof of compliance with the requirements of Section 27555, if the firearm is intended as merchandise in the receiving dealer’s business. (7) Until January 1, 2014, the sale, delivery, or transfer of an unloaded firearm, other than a handgun, by a dealer to themselves. (8) The loan of an unloaded firearm by a dealer who also operates a target facility which holds a business or regulatory license on the premises of the building designated in the license or whose building designated in the license is on the premises of any club or organization organized for the purpose of practicing shooting at targets upon established ranges, whether public or private, to a person at that target facility or club or organization, if the firearm is kept at all times within the premises of the target range or on the premises of the club or organization. (9) The loan of an unloaded firearm by a dealer to a consultant-evaluator, if the loan does not exceed 45 days from the date of delivery of the firearm by the dealer to the consultant-evaluator. (10) The return of an unloaded firearm to the owner of that firearm by a dealer, if the owner initially delivered the firearm to the dealer for service or repair. (11) The sale, delivery, or transfer of an unloaded firearm by a dealer to a person licensed as an importer or manufacturer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and any regulations issued pursuant thereto. (12) The delivery of an unloaded firearm to a law enforcement agency pursuant to subdivision (e) or (f) of Section 28050. (13) The delivery of an unloaded firearm to a law enforcement agency pursuant to subdivision (e) of Section 26892. (14) The delivery of an unloaded firearm to a law enforcement agency pursuant to paragraph (3) of subdivision (f) of Section 29830. (c) A violation of this section is a misdemeanor. (d) This section shall become operative on January 1, 2026. (Repealed (in Sec. 25) and added by Stats. 2024, Ch. 544, Sec. 26. (SB 899) Effective January 1, 2025. Operative January 1, 2026, by its own provisions.)
  78. 28105.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. General Provisions Relating to the Register or the Record of Electronic or Telephonic Transfer [28100 - 28110] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The State Printer must provide the required register, but only to dealers on application, and the Department of General Services sets the cost. If electronic transfer of applicant information is used, the Department of Justice must set the standards for the equipment and telephone numbers used.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. General Provisions Relating to the Register or the Record of Electronic or Telephonic Transfer [28100 - 28110] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28105. (a) (1) The register required by Section 28100 shall be prepared by and obtained from the State Printer. (2) The State Printer shall furnish the register only to dealers on application, at a cost to be determined by the Department of General Services. (3) The Department of General Services shall determine the cost for each 100 leaves in quadruplicate, one original and three duplicates for the making of carbon copies. (4) The original and duplicate copies shall differ in color, and shall be in the form provided by this chapter. (b) Where the electronic transfer of applicant information is used, the Department of Justice shall develop the standards for all appropriate electronic equipment and telephone numbers to effect the transfer of information to the department. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  79. 2811.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. )

    Verify source ↗

    The director must set and keep a compensation schedule for inmate employees, starting July 1, 2005.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. ) ## 2811. (a) Commencing July 1, 2005, the director shall adopt and maintain a compensation schedule for inmate employees. That compensation schedule shall be based on quantity and quality of work performed and shall be required for its performance, but in no event shall that compensation exceed one-half the minimum wage provided in Section 1182 of the Labor Code, except as otherwise provided in this code. This compensation shall be credited to the account of the inmate. (b) Inmate compensation shall be paid from the California Correctional Training and Rehabilitation Revolving Fund. (Amended by Stats. 2025, Ch. 241, Sec. 43. (SB 857) Effective January 1, 2026.)
  80. 28110.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. General Provisions Relating to the Register or the Record of Electronic or Telephonic Transfer [28100 - 28110] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The State Printer must send certain register details to the Department of Justice, the register cannot be transferred, and a dealer must notify the department in writing within 48 hours if the business moves to a different location.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 1. General Provisions Relating to the Register or the Record of Electronic or Telephonic Transfer [28100 - 28110] ( Article 1 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28110. (a) The State Printer upon issuing a register shall forward to the Department of Justice both of the following: (1) The name and business address of the dealer. (2) The series and sheet numbers of the register. (b) The register shall not be transferable. (c) If the dealer moves the business to a different location, the dealer shall notify the department of that fact in writing within 48 hours. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  81. 2812.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. )

    Verify source ↗

    A person may not sell, offer for sale, or expose for sale in the state any item made wholly or partly by convict or prison labor, unless the sale is specifically allowed by law.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. ) ## 2812. It is unlawful for any person to sell, expose for sale, or offer for sale within this state, any article or articles manufactured wholly or in part by convict or other prison labor, except articles the sale of which is specifically sanctioned by law. Every person selling, exposing for sale, or offering for sale any article manufactured in this state wholly or in part by convict or other prison labor, the sale of which is not specifically sanctioned by law, is guilty of a misdemeanor. (Added by Stats. 1982, Ch. 1549, Sec. 28.)
  82. 2813.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. )

    Verify source ↗

    The director may authorize prisoners to make small handmade articles and arrange for their sale, subject to fund-source and deposit rules.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. ) ## 2813. The director may provide for the manufacture of small articles of handiwork by the prisoners out of raw materials purchased by the prisoners with their own funds or funds borrowed from the Inmates’ Welfare Fund, or from raw materials furnished by the director without compensation therefor as provided in this section which articles may be sold to the public at the state prisons, in public buildings, at fairs, or on property operated by nonprofit associations. State-owned property shall not be given to prisoners for use under this section, unless all proceeds from the sale thereof shall be deposited in the Inmates’ Welfare Fund. The director may provide that all or a part of the sale price of all other articles manufactured and sold under this section be deposited to the account of the prisoner manufacturing the article. (Added by Stats. 1982, Ch. 1549, Sec. 28.)
  83. 2813.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. )

    Verify source ↗

    The Director of Corrections may let certain inmates restore and rebuild donated salvageable and abandoned vehicles, and those vehicles may then be sold at public auction if they meet Vehicle Code requirements.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. ) ## 2813.5. Notwithstanding any other provision of this chapter except subdivision (i) of Section 2808, and notwithstanding subdivision ( l) of Section 22851.3 of the Vehicle Code, the Director of Corrections may provide for the inmates in trade and industrial education or vocational training classes established under Section 2054 to restore and rebuild donated salvageable and abandoned vehicles. If these vehicles comply with Section 24007.5 of the Vehicle Code, they may be sold at public auction to private persons. This activity shall be subject to the public hearing requirements of subdivision (i) of Section 2808 at any time that this activity involves a gross annual production of more than fifty thousand dollars ($50,000). The proceeds of the sale after deduction of the cost of materials shall be deposited in the Restitution Fund in the State Treasury and, upon appropriation by the Legislature, may be used for indemnification of victims of crimes. (Amended by Stats. 1991, Ch. 1157, Sec. 1.)
  84. 2814.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. )

    Verify source ↗

    The board may set rules for sales covered by this section.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. ) ## 2814. Notwithstanding any provision of this chapter, products and byproducts of agricultural and animal husbandry enterprises, except nursery stock, may be sold to private persons, at public or private sale, under rules prescribed by the board. (Added by Stats. 1983, Ch. 1150, Sec. 3.)
  85. 2815.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. )

    Verify source ↗

    The authority may sell certain prison-made products to foreign buyers, subject to rules set by the Secretary of the Department of Corrections and Rehabilitation.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. ) ## 2815. Commencing July 1, 2005, the authority may, under rules prescribed by the Secretary of the Department of Corrections and Rehabilitation, dispose of products developed from the operations of industrial enterprises in prisons and institutions under the jurisdiction of the authority by sale to foreign governments, corporations for distribution in foreign countries, and private persons or their agents in markets outside the United States and in countries which permit the importation of prison-made goods. All sales made pursuant to this section shall be reported to the Legislature in the general manager’s annual report pursuant to Section 2808. (Amended by Stats. 2005, Ch. 10, Sec. 27. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10.)
  86. 28150.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Form of the Register or the Record of Electronic Transfer [28150 - 28180] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section defines key terms used in the article, including “purchase,” “purchaser,” and “sale” for firearm transactions.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Form of the Register or the Record of Electronic Transfer [28150 - 28180] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28150. As used in this article, the following words have the following meanings: (a) “Purchase” means the purchase, loan, or transfer of a firearm. (b) “Purchaser” means the purchaser or transferee of a firearm or the person being loaned a firearm. (c) “Sale” means the sale, loan, or transfer of a firearm. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  87. 28155.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Form of the Register or the Record of Electronic Transfer [28150 - 28180] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The Department of Justice must prescribe the form of the register and the record of electronic transfer under Section 28105.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Form of the Register or the Record of Electronic Transfer [28150 - 28180] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28155. The Department of Justice shall prescribe the form of the register and the record of electronic transfer pursuant to Section 28105. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  88. 2816.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. )

    Verify source ↗

    This section lets the Department of Corrections and Rehabilitation direct certain authorized prison or juvenile-justice public works projects to use inmate or ward labor, but only up to a stated project-limit threshold; larger projects need review and approval. It also requires transferred or deposited money to be used only for purposes authorized in this section.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. ) ## 2816. (a) With the approval of the Department of Finance, there shall be transferred to, or deposited in, the California Correctional Training and Rehabilitation Revolving Fund for purposes authorized by this section, money appropriated from any source including sources other than state appropriations. (b) Notwithstanding subdivision (i) of Section 2808, the Secretary of the Department of Corrections and Rehabilitation may order any authorized public works project involving the construction, renovation, or repair of prison facilities to be performed by inmate labor or juvenile justice facilities to be performed by ward labor, when the total expenditure does not exceed the project limit established by the first paragraph of Section 10108 of the Public Contract Code. Projects entailing expenditure of greater than the project limit established by the first paragraph of Section 10108 of the Public Contract Code shall be reviewed and approved by the chairperson, in consultation with the board. (c) Money so transferred or deposited shall be available for expenditure by the department for the purposes for which appropriated, contributed, or made available, without regard to fiscal years and irrespective of the provisions of Sections 13340 and 16304 of the Government Code. Money transferred or deposited pursuant to this section shall be used only for purposes authorized in this section. (Amended by Stats. 2025, Ch. 241, Sec. 44. (SB 857) Effective January 1, 2026.)
  89. 28160.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Form of the Register or the Record of Electronic Transfer [28150 - 28180] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Firearms dealers must put specified information into the register or electronic transfer record, and the purchaser must provide a right thumbprint and sign when the firearm is delivered.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Form of the Register or the Record of Electronic Transfer [28150 - 28180] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28160. (a) For all firearms, the register or record of electronic transfer shall include all of the following information: (1) The date and time of sale. (2) The make of firearm. (3) Peace officer exemption status pursuant to the provisions listed in subdivision (c) of Section 16585, and the agency name. (4) Any applicable waiting period exemption information. (5) California Firearms Dealer number issued pursuant to Article 1 (commencing with Section 26700) of Chapter 2. (6) The purchaser’s firearm safety certificate number issued pursuant to Article 2 (commencing with Section 31610) of Chapter 4 of Division 10 of this title. (7) Manufacturer’s name if stamped on the firearm. (8) Model name or number, if stamped on the firearm. (9) Serial number, if applicable. (10) Other number, if more than one serial number is stamped on the firearm. (11) Any identification number or mark assigned to the firearm pursuant to Section 23910. (12) If the firearm is not a handgun and does not have a serial number, identification number, or mark assigned to it, a notation as to that fact. (13) Caliber. (14) Type of firearm. (15) If the firearm is new or used. (16) Barrel length. (17) Color of the firearm. (18) Full name of purchaser. (19) Purchaser’s complete date of birth. (20) Purchaser’s local address. (21) If current address is temporary, complete permanent address of purchaser. (22) For transactions on and after September 1, 2025, purchaser’s email address. (23) Identification of purchaser. (24) Purchaser’s place of birth (state or country). (25) Purchaser’s complete telephone number. (26) Purchaser’s occupation. (27) Purchaser’s gender. (28) Purchaser’s physical description. (29) All legal names and aliases ever used by the purchaser. (30) Yes or no answer to questions that prohibit purchase, including, but not limited to, conviction of a felony as described in Chapter 2 (commencing with Section 29800) or an offense described in Chapter 3 (commencing with Section 29900) of Division 9, the purchaser’s status as a person described in Section 8100 of the Welfare and Institutions Code, whether the purchaser is a person who has been adjudicated by a court to be a danger to others or found not guilty by reason of insanity, and whether the purchaser is a person who has been found incompetent to stand trial or placed under conservatorship by a court pursuant to Section 8103 of the Welfare and Institutions Code. (31) Yes or no answer to a question that inquires whether the purchaser has, within the past 30 days, checked and confirmed possession of all firearms currently owned or possessed. (32) Signature of purchaser. (33) Signature of salesperson, as a witness to the purchaser’s signature. (34) Salesperson’s certificate of eligibility number, if the salesperson has obtained a certificate of eligibility. (35) Name and complete address of the dealer or firm selling the firearm as shown on the dealer’s license. (36) The establishment number, if assigned. (37) The dealer’s complete business telephone number. (38) Any information required by Chapter 5 (commencing with Section 28050). (39) Any information required to determine whether subdivision (f) of Section 27540 applies. (40) A statement of the penalties for signing a fictitious name or address, knowingly furnishing any incorrect information, or knowingly omitting any information required to be provided for the register. (41) A statement informing the purchaser, after taking ownership of a firearm, of all of the following: (A) Upon application, the Department of Justice shall furnish to the purchaser any information reported to the department as it relates to their ownership of that firearm. (B) The purchaser is entitled to file a report of their acquisition, disposition, or ownership of a firearm with the department pursuant to Section 28000. (C) Instructions for accessing the department’s internet website for more information. (42) For transactions on and after January 1, 2015, the purchaser’s firearm safety certificate number, except that in the case of a handgun, the number from an unexpired handgun safety certificate may be used. (b) The purchaser shall provide the purchaser’s right thumbprint on the register in a manner prescribed by the department. No exception to this requirement shall be permitted except by regulations adopted by the department. (c) The firearms dealer shall record on the register or record of electronic transfer the date that the firearm is delivered, together with the firearm dealer’s signature indicating delivery of the firearm. (d) The purchaser shall sign the register or the record of electronic transfer on the date that the firearm is delivered to them. (e) This section shall become operative on March 1, 2025. (Repealed (in Sec. 4.5 of Stats. 2023, Ch. 245) and added by Stats. 2023, Ch. 237, Sec. 2.5. (AB 574) Effective January 1, 2024. Operative March 1, 2025, by its own provisions.)
  90. 2817.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. )

    Verify source ↗

    The Inmate and Ward Construction Revolving Account is created in the California Correctional Training and Rehabilitation Revolving Fund to receive funds transferred or deposited for the purposes described in Section 2816.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. ) ## 2817. The Inmate and Ward Construction Revolving Account is hereby created in the California Correctional Training and Rehabilitation Revolving Fund, established in Section 2806, to receive funds transferred or deposited for the purposes described in Section 2816. (Amended by Stats. 2025, Ch. 241, Sec. 45. (SB 857) Effective January 1, 2026.)
  91. 28170.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Form of the Register or the Record of Electronic Transfer [28150 - 28180] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    When the register is used, dealers must use ink, ensure information is legible, follow the completion/routing instructions, and record only one firearm transaction per record of sale document.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Form of the Register or the Record of Electronic Transfer [28150 - 28180] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28170. Where the register is used, the following shall apply: (a) Dealers shall use ink to complete each document. (b) The dealer or salesperson making a sale shall ensure that all information is provided legibly. The dealer and salespersons shall be informed that incomplete or illegible information will delay sales. (c) Each dealer shall be provided instructions regarding the procedure for completion of the form and routing of the form. Dealers shall comply with these instructions, which shall include the information set forth in this section. (d) One firearm transaction shall be reported on each record of sale document. (Amended by Stats. 2011, Ch. 745, Sec. 51. (AB 809) Effective January 1, 2012.)
  92. 28175.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Form of the Register or the Record of Electronic Transfer [28150 - 28180] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A dealer or salesperson making a sale must make sure all required purchaser information has been obtained, and dealers and salespersons are to be informed that incomplete information will delay sales.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Form of the Register or the Record of Electronic Transfer [28150 - 28180] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28175. The dealer or salesperson making a sale shall ensure that all required information has been obtained from the purchaser. The dealer and all salespersons shall be informed that incomplete information will delay sales. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  93. 2818.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. )

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    The New Industries Revolving Account is created, and the board may disburse fund money subject to Section 2810.5 conditions.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 1. Prison Industry Authority [2800 - 2818] ( Article 1 added by Stats. 1982, Ch. 1549, Sec. 28. ) ## 2818. The New Industries Revolving Account is hereby created in the California Correctional Training and Rehabilitation Revolving Fund to receive General Fund or other public money transferred or deposited for the purpose of financing new enterprises or the expansion of existing enterprises. Money in the fund may be disbursed by the board subject to the conditions prescribed in Section 2810.5. (Amended by Stats. 2025, Ch. 241, Sec. 46. (SB 857) Effective January 1, 2026.)
  94. 28180.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Form of the Register or the Record of Electronic Transfer [28150 - 28180] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

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    Firearms dealers must electronically obtain the purchaser’s name, date of birth, and ID number from the magnetic strip, unless the department authorizes another method.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 2. Form of the Register or the Record of Electronic Transfer [28150 - 28180] ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28180. (a) The purchaser’s name, date of birth, and driver’s license or identification number shall be obtained electronically from the magnetic strip on the purchaser’s driver’s license or identification and shall not be supplied by any other means, except as authorized by the department. (b) The requirement of subdivision (a) shall not apply in either of the following cases: (1) The purchaser’s identification consists of a military identification card. (2) Due to technical limitations, the magnetic strip reader is unable to obtain the required information from the purchaser’s identification. In those circumstances, the firearms dealer shall obtain a photocopy of the identification as proof of compliance. (c) In the event that the dealer has reported to the department that the dealer’s equipment has failed, information pursuant to this section shall be obtained by an alternative method to be determined by the department. (Amended by Stats. 2011, Ch. 745, Sec. 52. (AB 809) Effective January 1, 2012.)
  95. 282.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. )

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    Section 281 does not apply in two specified situations involving a former marriage or registered domestic partnership.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. ) ## 282. Section 281 does not extend to any of the following: (a) To any person by reason of any former marriage or former registered domestic partnership whose spouse by such marriage or registered domestic partnership has been absent for five successive years without being known to such person within that time to be living. (b) To any person by reason of any former marriage, or any former registered domestic partnership, which has been pronounced void, annulled, or dissolved by the judgment of a competent court. (Amended by Stats. 2016, Ch. 50, Sec. 71. (SB 1005) Effective January 1, 2017.)
  96. 28200.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200 - 28255] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section defines key terms used in the article, including purchase, purchaser, sale, and seller.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200 - 28255] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28200. As used in this article, the following words have the following meanings: (a) “Purchase” means the purchase, loan, or transfer of a firearm. (b) “Purchaser” means the purchaser or transferee of a firearm or the person being loaned a firearm. (c) “Sale” means the sale, loan, or transfer of a firearm. (d) “Seller” means, if the transaction is being conducted pursuant to Chapter 5 (commencing with Section 28050), the person selling, loaning, or transferring the firearm. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  97. 28205.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200 - 28255] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Department of Justice controls the submission method for firearm purchaser information before January 1, 1998, and later transmission must be electronic or telephonic, then electronic only after January 1, 2003 for most information.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200 - 28255] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28205. (a) Until January 1, 1998, the Department of Justice shall determine the method by which a dealer shall submit firearm purchaser information to the department. The information shall be in one of the following formats: (1) Submission of the register described in Article 2 (commencing with Section 28150). (2) Electronic or telephonic transfer of the information contained in the register described in Article 2 (commencing with Section 28150). (b) On or after January 1, 1998, electronic or telephonic transfer, including voice or facsimile transmission, shall be the exclusive means by which purchaser information is transmitted to the department. (c) On or after January 1, 2003, except as permitted by the department, electronic transfer shall be the exclusive means by which information is transmitted to the department. Telephonic transfer shall not be permitted for information regarding sales of any firearms. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  98. 28210.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200 - 28255] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section requires firearm register paperwork, identity checks, mailing copies to the Department of Justice, retention of records, and limits what information may be compiled from the register before January 1, 2014.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200 - 28255] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28210. (a) (1) Where the register is used, the purchaser of any firearm shall be required to present to the dealer clear evidence of the person’s identity and age. (2) The dealer shall require the purchaser to sign the purchaser’s current legal name and affix the purchaser’s residence address and date of birth to the register in quadruplicate. (3) For the sale or transfer of a firearm to a person under 21 years of age pursuant to subdivision (b) of Section 27510, the salesperson shall visually inspect the hunting license to confirm that it is valid and unexpired and shall record the document number, GO ID, and dates valid. (4) The salesperson shall sign the register in quadruplicate, as a witness to the signature and identification of the purchaser. (b) Any person furnishing a fictitious name or address, knowingly furnishing any incorrect information, or knowingly omitting any information required to be provided for the register shall be punished as provided in Section 28250. (c) (1) The original of the register shall be retained by the dealer in consecutive order. (2) Each book of 50 originals shall become the permanent register of transactions, which shall be retained for not less than three years from the date of the last transaction. (3) Upon presentation of proper identification, the permanent register of transactions shall be available for inspection by any peace officer, Department of Justice employee designated by the Attorney General, or agent of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. Until January 1, 2014, no information shall be compiled therefrom regarding the purchasers or other transferees of firearms that are not handguns. (d) On the date of the application to purchase, two copies of the original sheet of the register shall be placed in the mail, postage prepaid, and properly addressed to the Department of Justice. (e) (1) A photocopy of the register shall be provided to the purchaser by the dealer at the time of delivery of the firearm and after the dealer notes the date of delivery and the dealer’s signature indicating delivery of the firearm, and the purchaser acknowledges the receipt of the firearm. (2) The requirements of this subdivision apply if a dealer is delivering a firearm pursuant to Section 27540 or Chapter 5 (commencing with Section 28050). (f) If the transaction is a private party transfer conducted pursuant to Chapter 5 (commencing with Section 28050), a photocopy of the original shall be provided to the seller by the dealer at the time the register is signed by the seller. The dealer shall redact all of the purchaser’s personal information, as required pursuant to subdivision (a) of Section 28160 and subdivision (a) of Section 28165, from the seller’s copy, and the seller’s personal information from the purchaser’s copy. (Amended by Stats. 2021, Ch. 250, Sec. 16. (SB 715) Effective January 1, 2022.)
  99. 28215.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200 - 28255] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    This section sets recordkeeping, identity-check, transmission, copy-delivery, and privacy-redaction rules for firearm transfers done by electronic or telephonic transfer.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200 - 28255] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28215. (a) (1) Where the electronic or telephonic transfer of applicant information is used, the purchaser shall be required to present to the dealer clear evidence of the person’s identity and age. (2) The dealer shall require the purchaser to sign the purchaser’s current legal name to the record of electronic or telephonic transfer. (3) The salesperson shall sign the record of electronic or telephonic transfer, as a witness to the signature and identification of the purchaser. (4) For the sale or transfer of a firearm to a person under 21 years of age pursuant to subdivision (b) of Section 27510, the salesperson shall visually inspect the hunting license to confirm that it is valid and unexpired and shall record the document number, GO ID, and dates valid. (5) For the sale or transfer of a firearm to a person under 21 years of age pursuant to subdivision (b) of Section 27510, or to a person without a valid firearm safety certificate pursuant to subdivision (c) of Section 31700, if the dealer or salesperson, upon visual inspection of the hunting license, is unable to confirm that it is valid and unexpired, they shall not deliver the firearm. (b) Any person furnishing a fictitious name or address, knowingly furnishing any incorrect information, or knowingly omitting any information required to be provided for the electronic or telephonic transfer shall be punished as provided in Section 28250. (c) (1) The original of each record of electronic or telephonic transfer shall be retained by the dealer in consecutive order. (2) Each original shall become the permanent record of the transaction, which shall be retained for not less than three years from the date of the last transaction. (3) Upon presentation of proper identification, the permanent record of the transaction shall be provided for inspection by any peace officer, Department of Justice employee designated by the Attorney General, or agent of the federal Bureau of Alcohol, Tobacco, Firearms and Explosives. (d) On the date of the application to purchase, the record of applicant information shall be transmitted to the Department of Justice by electronic or telephonic transfer. (e) (1) A copy of the record of electronic or telephonic transfer shall be provided to the purchaser by the dealer at the time of delivery of the firearm and after the dealer notes the date of delivery and the dealer’s signature indicating delivery of the firearm, and the purchaser acknowledges the receipt of the firearm. (2) The requirements of this subdivision apply if a dealer is delivering a firearm pursuant to Section 27540 or Chapter 5 (commencing with Section 28050). (f) If the transaction is a private party transfer conducted pursuant to Chapter 5 (commencing with Section 28050), a copy shall be provided to the seller by the dealer at the time the record of electronic or telephonic transfer is signed by the seller. The dealer shall redact all of the purchaser’s personal information, as required pursuant to subdivision (a) of Section 28160 and subdivision (a) of Section 28165, from the seller’s copy, and the seller’s personal information from the purchaser’s copy. (Amended by Stats. 2021, Ch. 250, Sec. 17. (SB 715) Effective January 1, 2022.)
  100. 28220.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200 - 28255] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The Department of Justice must review purchaser records for firearm eligibility, notify relevant parties when a purchaser is disqualified or delayed, and dealers must correct records and withhold delivery when notified.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200 - 28255] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28220. (a) (1) Upon submission of firearm purchaser information, the Department of Justice shall examine its records, as well as those records that it is authorized to request from the State Department of State Hospitals pursuant to Section 8104 of the Welfare and Institutions Code, in order to determine if the purchaser is a person described in subdivision (a) of Section 27535, or is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm. (2) Commencing July 1, 2025, for the sale or transfer of a firearm to a person under 21 years of age pursuant to subdivision (b) of Section 27510, the Department of Justice shall verify the validity of the purchaser’s hunting license with the Department of Fish and Wildlife. (b) The Department of Justice shall participate in the National Instant Criminal Background Check System (NICS), as described in subsection (t) of Section 922 of Title 18 of the United States Code, and shall notify the dealer and the chief of the police department of the city or city and county in which the sale was made, or if the sale was made in a district in which there is no municipal police department, the sheriff of the county in which the sale was made, that the purchaser is a person prohibited from acquiring a firearm under federal law. (c) If the department determines that the purchaser is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm or is a person described in subdivision (a) of Section 27535, it shall do both of the following: (1) Immediately notify the dealer and the chief of the police department of the city or city and county in which the sale was made, or if the sale was made in a district in which there is no municipal police department, the sheriff of the county in which the sale was made, of that fact. (2) Notify the purchaser and explain the process by which the purchaser may obtain a copy of the criminal or mental health record the department has on file for the purchaser. Upon receipt of that criminal or mental health record, the purchaser may report any inaccuracies or incompleteness to the department on an approved form. (d) If the firearm matches an entry in the registry described in Section 11106 indicating the firearm is stolen, the department shall immediately do all of the following: (1) Reject the purchase. (2) Notify the dealer that the firearm matches an entry in the registry described in Section 11106 indicating the firearm is stolen and that the dealer shall retain the firearm until a law enforcement agency is able to retrieve the firearm. (3) Notify the law enforcement agency that made the stolen entry that the firearm has been located. The reporting agency shall retrieve the firearm from the dealer and report the firearm’s recovery pursuant to Sections 11108.2, 11108.3, and 11108.5. A reporting agency may comply with this section by arranging to have another state or local law enforcement agency retrieve the firearm on their behalf. (e) If the department determines that the copies of the register submitted to it pursuant to subdivision (d) of Section 28210 contain any blank spaces or inaccurate, illegible, or incomplete information, preventing identification of the purchaser or the handgun or other firearm to be purchased, or if any fee required pursuant to Section 28225 is not submitted by the dealer in conjunction with submission of copies of the register, the department may notify the dealer of that fact. Upon notification by the department, the dealer shall submit corrected copies of the register to the department, or shall submit any fee required pursuant to Section 28225, or both, as appropriate and, if notification by the department is received by the dealer at any time prior to delivery of the firearm to be purchased, the dealer shall withhold delivery until the conclusion of the waiting period described in Sections 26815 and 27540. (f) If the department determines that the information transmitted to it pursuant to Section 28215 contains inaccurate or incomplete information preventing identification of the purchaser or the handgun or other firearm to be purchased, or if the fee required pursuant to Section 28225 is not transmitted by the dealer in conjunction with transmission of the electronic or telephonic record, the department may notify the dealer of that fact. Upon notification by the department, the dealer shall transmit corrections to the record of electronic or telephonic transfer to the department, or shall transmit any fee required pursuant to Section 28225, or both, as appropriate, and if notification by the department is received by the dealer at any time prior to delivery of the firearm to be purchased, the dealer shall withhold delivery until the conclusion of the waiting period described in Sections 26815 and 27540. (g) (1) The department shall immediately notify the dealer to delay the transfer of the firearm to the purchaser if the records of the department, or the records available to the department in the National Instant Criminal Background Check System, indicate one of the following: (A) The purchaser has been taken into custody and placed in a facility for mental health treatment or evaluation and may be a person described in Section 8100 or 8103 of the Welfare and Institutions Code and the department is unable to ascertain whether the purchaser is a person who is prohibited from possessing, receiving, owning, or purchasing a firearm, pursuant to Section 8100 or 8103 of the Welfare and Institutions Code, prior to the conclusion of the waiting period described in Sections 26815 and 27540. (B) The purchaser has been arrested for, or charged with, a crime that would make the purchaser, if convicted, a person who is prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm, and the department is unable to ascertain whether the purchaser was convicted of that offense prior to the conclusion of the waiting period described in Sections 26815 and 27540. (C) The purchaser may be a person described in subdivision (a) of Section 27535, and the department is unable to ascertain whether the purchaser, in fact, is a person described in subdivision (a) of Section 27535, prior to the conclusion of the waiting period described in Sections 26815 and 27540. (D) The purchaser may be prohibited from possessing, receiving, owning, or purchasing a firearm, and the purchaser’s eligibility to possess, receive, own, or purchase a firearm cannot be ascertained without further research regarding the effect of past criminal convictions or mental health confinements on the purchaser’s eligibility, or without obtaining additional records that could not be obtained prior to the conclusion of the waiting period described in Sections 26815 and 27540. (2) The department shall notify the purchaser by mail or by other means as determined by the department regarding the delay. This paragraph does not apply to any delivery that has been delayed pursuant to paragraph (6). (3) If the department is able to ascertain the purchaser’s eligibility to possess, receive, own, or purchase a firearm, for any of the reasons described in paragraph (1), after the waiting period described in Sections 26815 and 27540, but within 30 days of the dealer’s original submission of the purchaser information to the department pursuant to this section, the department shall do the following: (A) If the purchaser is not a person described in subdivision (a) of Section 27535, and is not prohibited by state or federal law, including, but not limited to, Section 8100 or 8103 of the Welfare and Institutions Code, from possessing, receiving, owning, or purchasing a firearm, the department shall immediately notify the dealer of that fact and the dealer may then immediately transfer the firearm to the purchaser, upon the dealer’s recording on the register or record of electronic transfer the date that the firearm is transferred, the dealer signing the register or record of electronic transfer indicating delivery of the firearm to that purchaser, and the purchaser signing the register or record of electronic transfer acknowledging the receipt of the firearm on the date that the firearm is delivered to the purchaser. (B) If the purchaser is a person described in subdivision (a) of Section 27535, or is prohibited by state or federal law, including, but not limited to, Section 8100 or 8103 of the Welfare and Institutions Code, from possessing, receiving, owning, or purchasing a firearm, the department shall immediately notify the dealer and the chief of the police department in the city or city and county in which the sale was made, or if the sale was made in a district in which there is no municipal police department, the sheriff of the county in which the sale was made, of that fact in compliance with subdivision (c). (4) If the department is unable to ascertain the purchaser’s eligibility to possess, receive, own, or purchase a firearm for any of the reasons described in paragraph (1), within 30 days of the dealer’s original submission of purchaser information to the department pursuant to this section, the department shall immediately do both of the following: (A) Notify the dealer and the dealer may then immediately transfer the firearm to the purchaser, upon the dealer’s recording on the register or record of electronic transfer the date that the firearm is transferred, the dealer signing the register or record of electronic transfer indicating delivery of the firearm to that purchaser, and the purchaser signing the register or record of electronic transfer acknowledging the receipt of the firearm on the date that the firearm is delivered to the purchaser. (B) Notify the purchaser of the department’s inability to ascertain the purchaser’s eligibility to possess, receive, own, or purchase a firearm and explain the process by which the purchaser may obtain a copy of the criminal or mental health record the department has on file for the purchaser. Upon receipt of that criminal or mental health record, the purchaser may report any inaccuracies or incompleteness to the department on an approved form. (5) Commencing July 1, 2025, if the department is unable to ascertain the validity of a hunting license required pursuant to Section 27510, the department shall immediately notify the dealer to cancel the sale of the firearm. The department shall notify the purchaser by mail or by other means as determined by the department, that the hunting license was not valid and unexpired or the Department of Fish and Wildlife was unable to verify the license based upon the information provided. (6) If, as determined by order of the Attorney General, an emergency of the type described in Section 8558 of the Government Code has caused the department to be unable to obtain or review records to determine a purchaser’s eligibility to purchase, receive, own, or possess a firearm prior to the conclusion of the waiting period described in Sections 26815 and 27540, the department may notify the dealer to delay the transfer of the firearm to the purchaser up to 30 days after the dealer’s original submission of purchaser information to the department. (h) (1) Upon receipt of information demonstrating that a person is prohibited from possessing a firearm pursuant to federal or state law, the department shall submit the name, date of birth, and physical description of the person to the National Instant Criminal Background Check System Index, Denied Persons Files. The information provided shall remain privileged and confidential, and shall not be disclosed, except for the purpose of enforcing federal or state firearms laws. (2) This subdivision does not prohibit the department from sharing information pertaining to a person that is prohibited from possessing a firearm if the department is otherwise expressly authorized or required by state law to share that information with the recipient party. (Amended by Stats. 2024, Ch. 80, Sec. 108. (SB 1525) Effective January 1, 2025.)
  101. 28225.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200 - 28255] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The Department of Justice may require dealers to charge firearm purchasers a fee, capped at $1 unless increased by the California Consumer Price Index limit, and must set up a fee submission system when electronic or telephonic applicant-information transfer is used.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200 - 28255] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28225. (a) The Department of Justice may require the dealer to charge each firearm purchaser a fee not to exceed one dollar ($1), except that the fee may be increased at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations. (b) The fee under subdivision (a) shall be no more than is necessary to fund the following: (1) The department for the cost of furnishing this information. (2) The department for the cost of meeting its obligations under paragraph (2) of subdivision (b) of Section 8100 of the Welfare and Institutions Code. (3) Local mental health facilities for state-mandated local costs resulting from the reporting requirements imposed by Section 8103 of the Welfare and Institutions Code. (4) The State Department of State Hospitals for the costs resulting from the requirements imposed by Section 8104 of the Welfare and Institutions Code. (5) Local mental hospitals, sanitariums, and institutions for state-mandated local costs resulting from the reporting requirements imposed by Section 8105 of the Welfare and Institutions Code. (6) Local law enforcement agencies for state-mandated local costs resulting from the notification requirements set forth in subdivision (a) of Section 6385 of the Family Code. (7) Local law enforcement agencies for state-mandated local costs resulting from the notification requirements set forth in subdivision (c) of Section 8105 of the Welfare and Institutions Code. (8) For the actual costs associated with the electronic or telephonic transfer of information pursuant to Section 28215. (9) The Department of Food and Agriculture for the costs resulting from the notification provisions set forth in Section 5343.5 of the Food and Agricultural Code. (10) The department for the costs associated with subdivisions (d) and (e) of Section 27560. (c) The fee established pursuant to this section shall not exceed the sum of the actual processing costs of the department, the estimated reasonable costs of the local mental health facilities for complying with the reporting requirements imposed by paragraph (3) of subdivision (b), the costs of the State Department of State Hospitals for complying with the requirements imposed by paragraph (4) of subdivision (b), the estimated reasonable costs of local mental hospitals, sanitariums, and institutions for complying with the reporting requirements imposed by paragraph (5) of subdivision (b), the estimated reasonable costs of local law enforcement agencies for complying with the notification requirements set forth in subdivision (a) of Section 6385 of the Family Code, the estimated reasonable costs of local law enforcement agencies for complying with the notification requirements set forth in subdivision (c) of Section 8105 of the Welfare and Institutions Code imposed by paragraph (7) of subdivision (b), the estimated reasonable costs of the Department of Food and Agriculture for the costs resulting from the notification provisions set forth in Section 5343.5 of the Food and Agricultural Code, and the estimated reasonable costs of the department for the costs associated with subdivisions (d) and (e) of Section 27560. (d) Where the electronic or telephonic transfer of applicant information is used, the department shall establish a system to be used for the submission of the fees described in this section to the department. (Amended by Stats. 2019, Ch. 736, Sec. 13. (AB 1669) Effective January 1, 2020.)
  102. 28230.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200 - 28255] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The Department of Justice may charge a fee to cover listed costs, but the fee cannot exceed $14 unless adjusted upward to reflect CPI increases.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200 - 28255] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28230. (a) The Department of Justice may charge a fee sufficient to reimburse it for each of the following but not to exceed fourteen dollars ($14), except that the fee may be increased at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations: (1) For the actual costs associated with the preparation, sale, processing, and filing of forms or reports required or utilized pursuant to any provision listed in subdivision (a) of Section 16585. (2) For the actual costs associated with the preparation, sale, processing, and filing of reports utilized pursuant to Sections 26556, 26905, and 28050, or paragraph (2) of subdivision (e) of Section 32000. (3) For the actual costs associated with the electronic or telephonic transfer of information pursuant to Section 28215. (b) Any costs incurred by the Department of Justice to implement this section shall be reimbursed from fees collected and charged pursuant to this section. No fees shall be charged to the dealer pursuant to Section 28225 for implementing this section. (Amended by Stats. 2025, Ch. 67, Sec. 159. (AB 1170) Effective January 1, 2026.)
  103. 28233.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200 - 28255] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The Department of Justice may require dealers to charge firearm purchasers a $31.19 fee, and the money must be deposited into a specified state account.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200 - 28255] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28233. (a) The Department of Justice may, in addition to the fee described in Sections 28225 and 28230, require a dealer to charge each firearm purchaser a fee in the amount of thirty-one dollars and nineteen cents ($31.19). (b) Moneys received by the department pursuant to this section shall be deposited in the Dealers’ Record of Sale Supplemental Subaccount, within the Dealers’ Record of Sale Special Account of the General Fund, which is hereby created, to be available, upon appropriation by the Legislature, for expenditure by the department to offset the reasonable costs of firearms-related regulatory and enforcement activities related to the sale, purchase, manufacturing, lawful or unlawful possession, loan, or transfer of firearms pursuant to any provision listed in Section 16580. (c) The fee described in subdivision (a) may be increased at a rate no more than any increase in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations, but not to exceed the reasonable cost of regulation to the department. (Added by Stats. 2019, Ch. 736, Sec. 14. (AB 1669) Effective January 1, 2020.)
  104. 28235.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200 - 28255] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Money received by the department under this article must be deposited into the Dealers’ Record of Sale Special Account of the General Fund, unless Section 28233 says otherwise.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200 - 28255] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28235. Except as otherwise provided in Section 28233, moneys received by the department pursuant to this article shall be deposited in the Dealers’ Record of Sale Special Account of the General Fund, which is hereby created, to be available, upon appropriation by the Legislature, for expenditure by the department to offset the costs incurred pursuant to any of the following: (a) This article. (b) Section 18910. (c) Section 27555. (d) Subdivisions (d) and (e) of Section 27560. (e) Chapter 4.1 (commencing with Section 28010). (f) Article 6 (commencing with Section 28450). (g) Section 31110. (h) Section 31115. (i) Subdivision (a) of Section 32020. (j) Section 32670. (k) Section 33320. (l) Section 33700. (Amended by Stats. 2025, Ch. 591, Sec. 2. (SB 704) Effective January 1, 2026.)
  105. 28240.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200 - 28255] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Each fee in this article may be charged only once for a single same-day transaction involving any number of firearms, unless another rule says otherwise.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200 - 28255] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28240. Except as otherwise specified, each fee prescribed in this article shall only be charged once for a single transaction on the same date for taking title or possession of any number of firearms. (Amended by Stats. 2024, Ch. 540, Sec. 14. (AB 3064) Effective January 1, 2025.)
  106. 28245.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200 - 28255] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    When the Department of Justice acts under this article for firearms other than handguns, its acts or omissions are treated as discretionary.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200 - 28255] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28245. Whenever the Department of Justice acts pursuant to this article as it pertains to firearms other than handguns, the department’s acts or omissions shall be deemed to be discretionary within the meaning of the Government Claims Act pursuant to Division 3.6 (commencing with Section 810) of Title 1 of the Government Code. (Amended by Stats. 2012, Ch. 759, Sec. 8. (AB 2690) Effective January 1, 2013.)
  107. 28250.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200 - 28255] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section makes it a misdemeanor to give false or incomplete information, use a fictitious name or address, or otherwise violate the article when making the required register or transfer filings. People prohibited from obtaining a firearm face a higher jail term for the same kinds of knowing violations.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200 - 28255] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28250. (a) Any person who does any of the following is guilty of a misdemeanor: (1) Furnishing a fictitious name or address for the register under Section 28210 or the electronic or telephonic transfer under Section 28215. (2) Knowingly furnishing any incorrect information for the register under Section 28210 or the electronic or telephonic transfer under Section 28215. (3) Knowingly omitting any information required to be provided for the register under Section 28210 or the electronic or telephonic transfer under Section 28215. (4) Violating any provision of this article. (b) Notwithstanding subdivision (a), any person who is prohibited from obtaining a firearm pursuant to Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, who does any of the following shall be punished by imprisonment in a county jail not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170 for a term of 8, 12, or 18 months: (1) Knowingly furnishes a fictitious name or address for the register under Section 28210 or the electronic or telephonic transfer under Section 28215. (2) Knowingly furnishes any incorrect information for the register under Section 28210 or the electronic or telephonic transfer under Section 28215. (3) Knowingly omits any information required to be provided for the register under Section 28210 or the electronic or telephonic transfer under Section 28215. (Amended by Stats. 2011, Ch. 15, Sec. 546. (AB 109) Effective April 4, 2011. Amending action operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Section operative January 1, 2012, pursuant to Stats. 2010, Ch. 711, Sec. 10.)
  108. 28255.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200 - 28255] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A dealer must notify the Department of Justice when a firearm purchaser takes possession after the waiting period, starting January 1, 2014.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 3. Submission of Fees and Firearm Purchaser Information to the Department of Justice [28200 - 28255] ( Article 3 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28255. Commencing January 1, 2014, if after the conclusion of the waiting period described in Sections 26815 and 27540, the individual named in the application as the purchaser of the firearm takes possession of the firearm set forth in the application to purchase, the dealer shall notify the Department of Justice of that fact in a manner and within a time period specified by the department, and with sufficient information to identify the purchaser and the firearm that the purchaser took possession of. (Added by Stats. 2013, Ch. 737, Sec. 9. (AB 500) Effective January 1, 2014.)
  109. 283.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. )

    Verify source ↗

    Bigamy is punishable by a fine, jail, or state prison.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. ) ## 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 state prison. (Amended by Stats. 1983, Ch. 1092, Sec. 264. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  110. 28300.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Firearms Safety and Enforcement Special Fund [28300- 28300.] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The Department of Justice may require firearms dealers to collect a fee of up to $5 per firearm transaction, with the money deposited into the Firearms Safety and Enforcement Special Fund.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 4. Firearms Safety and Enforcement Special Fund [28300- 28300.] ( Article 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28300. (a) The Firearms Safety and Enforcement Special Fund is hereby established in the State Treasury and shall be administered by the Department of Justice. (b) The Department of Justice may require firearms dealers to charge each person who obtains a firearm a fee not to exceed five dollars ($5) for each transaction, except that the fee may be increased at a rate not to exceed any increase in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations, and not to exceed the reasonable cost of regulation to the department. Revenues from this fee shall be deposited in the Firearms Safety and Enforcement Special Fund. (c) Revenue deposited into the Firearms Safety and Enforcement Special Fund shall be available for expenditure by the Department of Justice upon appropriation by the Legislature for the purpose of implementing and enforcing the provisions of Article 2 (commencing with Section 31610) of Chapter 4 of Division 10, enforcing Section 830.95, Title 2 (commencing with Section 12001) of Part 4, Sections 16000 to 16960, inclusive, Sections 16970 to 17230, inclusive, Sections 17240 to 21390, inclusive, and Sections 21590 to 34370, inclusive, and for the establishment, maintenance, and upgrading of equipment and services necessary for firearms dealers to comply with Article 2 (commencing with Section 28150). (Amended by Stats. 2016, Ch. 33, Sec. 38. (SB 843) Effective June 27, 2016.)
  111. 284.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. )

    Verify source ↗

    A person who knowingly and willfully marries or enters a registered domestic partnership with another person’s spouse, in a case covered by this chapter, is punishable.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. ) ## 284. Every person who knowingly and willfully marries or enters into a registered domestic partnership with the spouse of another, in any case in which such spouse would be punishable under the provisions of this chapter, is punishable by a fine not less than five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2016, Ch. 50, Sec. 72. (SB 1005) Effective January 1, 2017.)
  112. 28400.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Exceptions Relating to Law Enforcement [28400 - 28415] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section exempts certain firearm sales, deliveries, or transfers to authorized law enforcement representatives from related articles if written agency authorization is shown, and it requires agencies to record acquired firearms in AFS within 10 days.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Exceptions Relating to Law Enforcement [28400 - 28415] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28400. (a) Article 1 (commencing with Section 28100), Article 2 (commencing with Section 28150), Article 3 (commencing with Section 28200), and Article 4 (commencing with Section 28300) do not apply to any sale, delivery, or transfer of firearms made to an authorized law enforcement representative of any city, county, city and county, or state, or of the federal government, for exclusive use by that governmental agency if, prior to the sale, delivery, or transfer of these firearms, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, or transfer is being made. (b) Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that person is employed. (c) Within 10 days of the date a handgun, and commencing January 1, 2014, any firearm, is acquired by the agency, a record of the same shall be entered as an institutional weapon into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. (Amended by Stats. 2011, Ch. 745, Sec. 59. (AB 809) Effective January 1, 2012.)
  113. 28405.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Exceptions Relating to Law Enforcement [28400 - 28415] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Some firearm-loan recordkeeping and related articles do not apply when a law enforcement representative lends a firearm to a peace officer for official duties, and the listed conditions are met.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Exceptions Relating to Law Enforcement [28400 - 28415] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28405. Article 1 (commencing with Section 28100), Article 2 (commencing with Section 28150), Article 3 (commencing with Section 28200), and Article 4 (commencing with Section 28300) do not apply to the loan of a firearm if all of the following conditions are satisfied: (a) The loan is made by an authorized law enforcement representative of a city, county, or city and county, or of the state or federal government. (b) The loan is made to a peace officer employed by that agency and authorized to carry a firearm. (c) The loan is made for the carrying and use of that firearm by that peace officer in the course and scope of the officer’s duties. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  114. 28410.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Exceptions Relating to Law Enforcement [28400 - 28415] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Some firearm-transfer recordkeeping rules do not apply to certain law-enforcement sales to peace officers, but the transferring agency must enter specified firearm details into AFS within 10 days and, if it lacks AFS access, arrange for the county sheriff to input the information.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Exceptions Relating to Law Enforcement [28400 - 28415] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28410. (a) Article 1 (commencing with Section 28100), Article 2 (commencing with Section 28150), Article 3 (commencing with Section 28200), and Article 4 (commencing with Section 28300) do not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a peace officer pursuant to Section 10334 of the Public Contract Code. (b) Within 10 days of the date that a handgun, and commencing January 1, 2014, any firearm, is sold, delivered, or transferred pursuant to Section 10334 of the Public Contract Code to that peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. (Amended by Stats. 2011, Ch. 745, Sec. 60. (AB 809) Effective January 1, 2012.)
  115. 28415.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Exceptions Relating to Law Enforcement [28400 - 28415] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    This section exempts certain firearm transfers to retiring peace officers from related articles, but requires the agency to record the transfer in AFS through CLETS within 10 days.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 5. Exceptions Relating to Law Enforcement [28400 - 28415] ( Article 5 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28415. (a) Article 1 (commencing with Section 28100), Article 2 (commencing with Section 28150), Article 3 (commencing with Section 28200), and Article 4 (commencing with Section 28300) do not apply to the sale, delivery, or transfer of a firearm by a law enforcement agency to a retiring peace officer who is authorized to carry a firearm pursuant to Chapter 5 (commencing with Section 26300) of Division 5. (b) Within 10 days of the date that a handgun, and commencing January 1, 2014, any firearm, is sold, delivered, or transferred to that retiring peace officer, the name of the officer and the make, model, serial number, and other identifying characteristics of the firearm being sold, delivered, or transferred shall be entered into the Automated Firearms System (AFS) via the California Law Enforcement Telecommunications System (CLETS) by the law enforcement or state agency that sold, delivered, or transferred the firearm, provided, however, that if the firearm is not a handgun and does not have a serial number, identification number, or identification mark assigned to it, that fact shall be noted in AFS. Any agency without access to AFS shall arrange with the sheriff of the county in which the agency is located to input this information via this system. (Amended by Stats. 2011, Ch. 745, Sec. 61. (AB 809) Effective January 1, 2012.)
  116. 28450.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Centralized List of Exempted Federal Firearms Licensees [28450 - 28490] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The Department of Justice must keep a centralized list of certain exempted federal firearms licensees, and applicants must meet listed eligibility and declaration requirements to be placed on it.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Centralized List of Exempted Federal Firearms Licensees [28450 - 28490] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28450. (a) Commencing January 1, 2008, the Department of Justice shall keep a centralized list of persons who identify themselves as being licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code as a dealer, importer, or manufacturer of firearms whose licensed premises are within this state and who declare to the department an exemption from the firearms dealer licensing requirements of Section 26500. (b) The list shall be known as the centralized list of exempted federal firearms licensees. (c) To qualify for placement on the centralized list, an applicant shall do all of the following: (1) Possess a valid federal firearms license pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code as a dealer, importer, or manufacturer of firearms. (2) Possess a current, valid certificate of eligibility pursuant to Section 26710. (3) Maintain with the department a signed declaration enumerating the applicant’s statutory exemptions from licensing requirements of Section 26500. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  117. 28455.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Centralized List of Exempted Federal Firearms Licensees [28450 - 28490] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    A person who knowingly gives a fictitious name, incorrect information, or leaves out information in the specified declaration commits a misdemeanor.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Centralized List of Exempted Federal Firearms Licensees [28450 - 28490] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28455. Any person furnishing a fictitious name, knowingly furnishing any incorrect information, or knowingly omitting any information for the declaration under paragraph (3) of subdivision (c) of Section 28450 shall be guilty of a misdemeanor. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  118. 28460.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Centralized List of Exempted Federal Firearms Licensees [28450 - 28490] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    The department must charge an annual $115 fee, may raise it only up to the California Consumer Price Index increase, and must deposit collected fees into the Dealers’ Record of Sale Special Account. Eligible persons meeting the listed conditions are not charged the fee.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Centralized List of Exempted Federal Firearms Licensees [28450 - 28490] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28460. (a) Commencing January 1, 2008, the department shall assess an annual fee of one hundred fifteen dollars ($115) to cover its costs of maintaining the centralized list of exempted federal firearms licensees prescribed by Section 28450, conducting inspections in accordance with this article, and for the cost of maintaining the firearm shipment verification number system described in Section 27555. (b) The department may increase the fee at a rate not to exceed the increase in the California Consumer Price Index as compiled and reported by the Department of Industrial Relations. (c) The fees collected shall be deposited in the Dealers’ Record of Sale Special Account. (d) A person who satisfies all of the following conditions shall not be charged a fee: (1) The person is not licensed pursuant to Sections 26700 to 26915, inclusive. (2) The person has been issued a permit pursuant to Section 31005, 32650, or 33300, or pursuant to Article 3 (commencing with Section 18900) of Chapter 1 of Division 5 of Title 2. (3) The person is placed on the centralized list of exempted federal firearms licensees. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  119. 28465.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Centralized List of Exempted Federal Firearms Licensees [28450 - 28490] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Certain licensed firearm dealers, importers, and manufacturers in this state may not import or receive firearms unless they are listed on specified centralized lists.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Centralized List of Exempted Federal Firearms Licensees [28450 - 28490] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28465. (a) Any person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code as a dealer, importer, or manufacturer of firearms whose licensed premises are within this state shall not import or receive firearms from any source unless listed on the centralized list of firearms dealers pursuant to Section 26715, or the centralized list of exempted federal firearms licensees pursuant to Section 28450, or the centralized list of firearms manufacturers pursuant to Section 29060. (b) A violation of this section is a misdemeanor. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  120. 28470.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Centralized List of Exempted Federal Firearms Licensees [28450 - 28490] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Certain exempted federal firearms licensees must record and keep on file a verification number for three years.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Centralized List of Exempted Federal Firearms Licensees [28450 - 28490] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28470. (a) All persons on the centralized list of exempted federal firearms licensees prescribed by Section 28450 shall record and keep on file for three years, the verification number that shall accompany firearms received from other federal firearms licensees pursuant to Section 27555. (b) A violation of this section is cause for immediate removal from the centralized list. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  121. 28475.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Centralized List of Exempted Federal Firearms Licensees [28450 - 28490] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

    Verify source ↗

    Information compiled from the Section 28450 list must be made available for specified requests and for license-validity checks for firearm shipments.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Centralized List of Exempted Federal Firearms Licensees [28450 - 28490] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28475. Information compiled from the list described in Section 28450 shall be made available for the following purposes: (a) Requests from local, state, and federal law enforcement agencies and the duly constituted city, county, and city and county licensing authorities. (b) When the information is requested by a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code for determining the validity of the license for firearm shipments. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  122. 28480.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Centralized List of Exempted Federal Firearms Licensees [28450 - 28490] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The department may inspect certain firearms-related businesses onsite and must coordinate with the federal ATF to avoid duplicative inspections.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Centralized List of Exempted Federal Firearms Licensees [28450 - 28490] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28480. (a) The department may conduct onsite inspections at the business premises of a person on the centralized list described in Section 28450 to determine compliance with firearms laws pursuant to the provisions listed in Section 16575. (b) The department shall work in consultation with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives to ensure that licensees are not subject to duplicative inspections. (c) During the inspection the following firearm records shall be made available for review: (1) Federal records referred to in subdivision (a) of Section 478.125 of Title 27 of the Code of Federal Regulations and the bound book containing the same information referred to in Section 478.124a and subdivision (e) of Section 478.125 of Title 27 of the Code of Federal Regulations. (2) Verification numbers issued pursuant to Section 27555. (3) Any other records requested by the department to determine compliance with the provisions listed in Section 16575. (Amended by Stats. 2014, Ch. 103, Sec. 10. (AB 1798) Effective January 1, 2015.)
  123. 28485.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Centralized List of Exempted Federal Firearms Licensees [28450 - 28490] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The department may remove a person from the centralized list if that person violates a provision listed in Section 16575.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Centralized List of Exempted Federal Firearms Licensees [28450 - 28490] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28485. The department may remove from the centralized list described in Section 28450 any person who violates a provision listed in Section 16575. (Added by Stats. 2010, Ch. 711, Sec. 6. (SB 1080) Effective January 1, 2011. Operative January 1, 2012, by Sec. 10 of Ch. 711.)
  124. 28490.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Centralized List of Exempted Federal Firearms Licensees [28450 - 28490] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. )

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    The department may adopt regulations needed to carry out this article and related provisions, and it must consult with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives to avoid duplicating federal regulations.

    ## Penal Code - PEN ## PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34400] ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## TITLE 4. FIREARMS [23500 - 34400] ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. ) ## DIVISION 6. SALE, LEASE, OR TRANSFER OF FIREARMS [26500 - 28490] ( Division 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## CHAPTER 6. Recordkeeping, Background Checks, and Fees Relating to Sale, Lease, or Transfer of Firearms [28100 - 28490] ( Chapter 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## ARTICLE 6. Centralized List of Exempted Federal Firearms Licensees [28450 - 28490] ( Article 6 added by Stats. 2010, Ch. 711, Sec. 6. ) ## 28490. The department may adopt regulations as necessary to carry out the provisions of this article, Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2, and Sections 27555 to 27570, inclusive. The department shall work in consultation with the federal Bureau of Alcohol, Tobacco, Firearms and Explosives to ensure that state regulations are not duplicative of federal regulations. (Amended by Stats. 2014, Ch. 103, Sec. 11. (AB 1798) Effective January 1, 2015.)
  125. 285.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. )

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    People within the prohibited degrees of kinship who marry each other, or who are 14 or older and have fornication or adultery with each other, are punishable by imprisonment in state prison.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. ) ## 285. Persons being within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who intermarry with each other, or who being 14 years of age or older, commit fornication or adultery with each other, are punishable by imprisonment in the state prison. (Amended by Stats. 2005, Ch. 477, Sec. 1. Effective January 1, 2006.)
  126. 286.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. )

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    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. ) ## 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 slight, is sufficient to complete the crime of sodomy. (b) (1) Except as provided in Section 288, any person who participates in an act of sodomy with another person who is under 18 years of age shall be punished by imprisonment in the state prison, or in a county jail for not more than one year. (2) Except as provided in Section 288, any person over 21 years of age who participates in an act of sodomy with another person who is under 16 years of age shall be guilty of a felony. (c) (1) Any person who participates in an act of sodomy with another person who is under 14 years of age and more than 10 years younger than he or she shall be punished by imprisonment in the state prison for three, six, or eight years. (2) (A) Any person who commits an act of sodomy when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for three, six, or eight years. (B) Any person who commits an act of sodomy with another person who is under 14 years of age when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for 9, 11, or 13 years. (C) Any person who commits an act of sodomy with another person who is a minor 14 years of age or older when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for 7, 9, or 11 years. (D) This paragraph does not preclude prosecution under Section 269, Section 288.7, or any other provision of law. (3) Any person who commits an act of sodomy where the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat, shall be punished by imprisonment in the state prison for three, six, or eight years. (d) (1) Any person who, while voluntarily acting in concert with another person, either personally or aiding and abetting that other person, commits an act of sodomy when the act is accomplished against the victim’s will by means of force or fear of immediate and unlawful bodily injury on the victim or another person or where the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat, shall be punished by imprisonment in the state prison for five, seven, or nine years. (2) Any person who, while voluntarily acting in concert with another person, either personally or aiding and abetting that other person, commits an act of sodomy upon a victim who is under 14 years of age, when the act is accomplished against the victim’s will by means of force or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 10, 12, or 14 years. (3) Any person who, while voluntarily acting in concert with another person, either personally or aiding and abetting that other person, commits an act of sodomy upon a victim who is a minor 14 years of age or older, when the act is accomplished against the victim’s will by means of force or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 7, 9, or 11 years. (4) This subdivision does not preclude prosecution under Section 269, Section 288.7, or any other provision of law. (e) Any person who participates in an act of sodomy with any person of any age while confined in any state prison, as defined in Section 4504, or in any local detention facility, as defined in Section 6031.4, shall be punished by imprisonment in the state prison, or in a county jail for not more than one year. (f) Any person who commits an act of sodomy, and the victim is at the time unconscious of the nature of the act and this is known to the person committing the act, shall be punished by imprisonment in the state prison for three, six, or eight years. As used in this subdivision, “unconscious of the nature of the act” means incapable of resisting because the victim meets one of the following conditions: (1) Was unconscious or asleep. (2) Was not aware, knowing, perceiving, or cognizant that the act occurred. (3) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraud in fact. (4) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose. (g) Except as provided in subdivision (h), a person who commits an act of sodomy, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act, shall be punished by imprisonment in the state prison for three, six, or eight years. Notwithstanding the existence of a conservatorship pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving consent. (h) Any person who commits an act of sodomy, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act, and both the defendant and the victim are at the time confined in a state hospital for the care and treatment of the mentally disordered or in any other public or private facility for the care and treatment of the mentally disordered approved by a county mental health director, shall be punished by imprisonment in the state prison, or in a county jail for not more than one year. Notwithstanding the existence of a conservatorship pursuant to the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent. (i) Any person who commits an act of sodomy, where the victim is prevented from resisting by an intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused, shall be punished by imprisonment in the state prison for three, six, or eight years. (j) Any person who commits an act of sodomy, where the victim submits under the belief that the person committing the act is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief, shall be punished by imprisonment in the state prison for three, six, or eight years. (k) Any person who commits an act of sodomy, where the act is accomplished against the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official, shall be punished by imprisonment in the state prison for three, six, or eight years. As used in this subdivision, “public official” means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official. (l) As used in subdivisions (c) and (d), “threatening to retaliate” means a threat to kidnap or falsely imprison, or inflict extreme pain, serious bodily injury, or death. (m) In addition to any punishment imposed under this section, the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates this section, with the proceeds of this fine to be used in accordance with Section 1463.23. The court, however, shall take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision. (Amended by Stats. 2013, Ch. 259, Sec. 2. (AB 65) Effective September 9, 2013.)
  127. 286.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. )

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    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. ) ## 286.5. (a) Every person who has sexual contact with an animal is guilty of a misdemeanor. (b) This section does not apply to any lawful and accepted practice related to veterinary medicine performed by a licensed veterinarian or a certified veterinary technician under the guidance of a licensed veterinarian, any artificial insemination of animals for reproductive purposes, any accepted animal husbandry practices such as raising, breeding, or assisting with the birthing process of animals or any other practice that provides care for an animal, or to any generally accepted practices related to the judging of breed conformation. (c) As used in this section, the following terms have the following meanings: (1) “Animal” means any nonhuman creature, whether alive or dead. (2) “Sexual contact” means any act, committed for the purpose of sexual arousal or gratification, abuse, or financial gain, between a person and an animal involving contact between the sex organs or anus of one and the mouth, sex organs, or anus of the other, or, without a bona fide veterinary or animal husbandry purpose, the insertion, however slight, of any part of the body of a person or any object into the vaginal or anal opening of an animal, or the insertion of any part of the body of an animal into the vaginal or anal opening of a person. (d) (1) Any authorized officer investigating a violation of this section may seize an animal that has been used in the commission of an offense to protect the health or safety of the animal or the health or safety of others, and to obtain evidence of the offense. (2) Any animal seized pursuant to this subdivision shall be promptly taken to a shelter facility or veterinary clinic to be examined by a veterinarian for evidence of sexual contact. (3) Upon the conviction of a person charged with a violation of this section, all animals lawfully seized and impounded with respect to the violation shall be adjudged by the court to be forfeited and shall thereupon be transferred to the impounding officer or appropriate public entity for proper adoption or other disposition. A person convicted of a violation of this section shall be personally liable to the seizing agency for all costs of impoundment from the time of seizure to the time of proper disposition. Upon conviction, the court shall order the convicted person to make payment to the appropriate public entity for the costs incurred in the housing, care, feeding, and treatment of the seized or impounded animals. Each person convicted in connection with a particular animal may be held jointly and severally liable for restitution for that particular animal. The payment shall be in addition to any other fine or sentence ordered by the court. (4) Except as otherwise specified in this section, if an animal is seized pursuant to paragraph (1), the disposition, care, or the responsibility for the financial cost of animals seized shall be in accordance with the provisions of Section 597.1. (Repealed and added by Stats. 2019, Ch. 613, Sec. 2. (AB 611) Effective January 1, 2020.)
  128. 287.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. )

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    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. ) ## 287. (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 in Section 288, any person who participates in an act of oral copulation with another person who is under 18 years of age shall be punished by imprisonment in the state prison, or in a county jail for a period of not more than one year. (2) Except as provided in Section 288, any person over 21 years of age who participates in an act of oral copulation with another person who is under 16 years of age is guilty of a felony. (c) (1) Any person who participates in an act of oral copulation with another person who is under 14 years of age and more than 10 years younger than he or she shall be punished by imprisonment in the state prison for three, six, or eight years. (2) (A) Any person who commits an act of oral copulation when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for three, six, or eight years. (B) Any person who commits an act of oral copulation upon a person who is under 14 years of age, when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 8, 10, or 12 years. (C) Any person who commits an act of oral copulation upon a minor who is 14 years of age or older, when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 6, 8, or 10 years. (D) This paragraph does not preclude prosecution under Section 269, Section 288.7, or any other provision of law. (3) Any person who commits an act of oral copulation where the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat, shall be punished by imprisonment in the state prison for three, six, or eight years. (d) (1) Any person who, while voluntarily acting in concert with another person, either personally or by aiding and abetting that other person, commits an act of oral copulation (A) when the act is accomplished against the victim’s will by means of force or fear of immediate and unlawful bodily injury on the victim or another person, or (B) where the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat, or (C) where the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act, shall be punished by imprisonment in the state prison for five, seven, or nine years. Notwithstanding the appointment of a conservator with respect to the victim pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime described under paragraph (3), that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent. (2) Any person who, while voluntarily acting in concert with another person, either personally or aiding and abetting that other person, commits an act of oral copulation upon a victim who is under 14 years of age, when the act is accomplished against the victim’s will by means of force or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 10, 12, or 14 years. (3) Any person who, while voluntarily acting in concert with another person, either personally or aiding and abetting that other person, commits an act of oral copulation upon a victim who is a minor 14 years of age or older, when the act is accomplished against the victim’s will by means of force or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 8, 10, or 12 years. (4) This paragraph does not preclude prosecution under Section 269, Section 288.7, or any other provision of law. (e) Any person who participates in an act of oral copulation while confined in any state prison, as defined in Section 4504 or in any local detention facility as defined in Section 6031.4, shall be punished by imprisonment in the state prison, or in a county jail for a period of not more than one year. (f) Any person who commits an act of oral copulation, and the victim is at the time unconscious of the nature of the act and this is known to the person committing the act, shall be punished by imprisonment in the state prison for a period of three, six, or eight years. As used in this subdivision, “unconscious of the nature of the act” means incapable of resisting because the victim meets one of the following conditions: (1) Was unconscious or asleep. (2) Was not aware, knowing, perceiving, or cognizant that the act occurred. (3) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraud in fact. (4) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraudulent representation that the oral copulation served a professional purpose when it served no professional purpose. (g) Except as provided in subdivision (h), any person who commits an act of oral copulation, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act, shall be punished by imprisonment in the state prison, for three, six, or eight years. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving consent. (h) Any person who commits an act of oral copulation, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act, and both the defendant and the victim are at the time confined in a state hospital for the care and treatment of the mentally disordered or in any other public or private facility for the care and treatment of the mentally disordered approved by a county mental health director, shall be punished by imprisonment in the state prison, or in a county jail for a period of not more than one year. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent. (i) Any person who commits an act of oral copulation, where the victim is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused, shall be punished by imprisonment in the state prison for a period of three, six, or eight years. (j) Any person who commits an act of oral copulation, where the victim submits under the belief that the person committing the act is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief, shall be punished by imprisonment in the state prison for a period of three, six, or eight years. (k) Any person who commits an act of oral copulation, where the act is accomplished against the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official, shall be punished by imprisonment in the state prison for a period of three, six, or eight years. As used in this subdivision, “public official” means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official. (l) As used in subdivisions (c) and (d), “threatening to retaliate” means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death. (m) In addition to any punishment imposed under this section, the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates this section, with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision. (Added by renumbering Section 288a by Stats. 2018, Ch. 423, Sec. 49. (SB 1494) Effective January 1, 2019.)
  129. 288.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. )

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    This section makes certain lewd acts involving a child under 14 a felony and sets higher penalties for force, caretakers, older victims, and bodily harm.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. ) ## 288. (a) Except as provided in subdivision (i), a person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other crimes provided for in Part 1, upon or with the body, or any part or member thereof, of a child who is under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or the child, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years. (b) (1) A person who commits an act described in subdivision (a) by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years. (2) A person who is a caretaker and commits an act described in subdivision (a) upon a dependent person by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, with the intent described in subdivision (a), is guilty of a felony and shall be punished by imprisonment in the state prison for 5, 8, or 10 years. (c) (1) A person who commits an act described in subdivision (a) with the intent described in that subdivision, and the victim is a child of 14 or 15 years, and that person is at least 10 years older than the child, is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year. In determining whether the person is at least 10 years older than the child, the difference in age shall be measured from the birth date of the person to the birth date of the child. (2) A person who is a caretaker and commits an act described in subdivision (a) upon a dependent person, with the intent described in subdivision (a), is guilty of a public offense and shall be punished by imprisonment in the state prison for one, two, or three years, or by imprisonment in a county jail for not more than one year. (d) In any arrest or prosecution under this section or Section 288.5, the peace officer, district attorney, and the court shall consider the needs of the child victim or dependent person and shall do whatever is necessary, within existing budgetary resources, and constitutionally permissible to prevent psychological harm to the child victim or to prevent psychological harm to the dependent person victim resulting from participation in the court process. (e) (1) Upon the conviction of a person for a violation of subdivision (a) or (b), the court may, in addition to any other penalty or fine imposed, order the defendant to pay an additional fine not to exceed ten thousand dollars ($10,000). In setting the amount of the fine, the court shall consider any relevant factors, including, but not limited to, the seriousness and gravity of the offense, the circumstances of its commission, whether the defendant derived any economic gain as a result of the crime, and the extent to which the victim suffered economic losses as a result of the crime. Every fine imposed and collected under this section shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund child sexual exploitation and child sexual abuse victim counseling centers and prevention programs pursuant to Section 13837. (2) If the court orders a fine imposed pursuant to this subdivision, the actual administrative cost of collecting that fine, not to exceed 2 percent of the total amount paid, may be paid into the general fund of the county treasury for the use and benefit of the county. (f) For purposes of paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c), the following definitions apply: (1) “Caretaker” means an owner, operator, administrator, employee, independent contractor, agent, or volunteer of any of the following public or private facilities when the facilities provide care for elder or dependent persons: (A) Twenty-four hour health facilities, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code. (B) Clinics. (C) Home health agencies. (D) Adult day health care centers. (E) Secondary schools that serve dependent persons and postsecondary educational institutions that serve dependent persons or elders. (F) Sheltered workshops. (G) Camps. (H) Community care facilities, as defined by Section 1402 of the Health and Safety Code, and residential care facilities for the elderly, as defined in Section 1569.2 of the Health and Safety Code. (I) Respite care facilities. (J) Foster homes. (K) Regional centers for persons with developmental disabilities. (L) A home health agency licensed in accordance with Chapter 8 (commencing with Section 1725) of Division 2 of the Health and Safety Code. (M) An agency that supplies in-home supportive services. (N) Board and care facilities. (O) Any other protective or public assistance agency that provides health services or social services to elder or dependent persons, including, but not limited to, in-home supportive services, as defined in Section 14005.14 of the Welfare and Institutions Code. (P) Private residences. (2) “Board and care facilities” means licensed or unlicensed facilities that provide assistance with one or more of the following activities: (A) Bathing. (B) Dressing. (C) Grooming. (D) Medication storage. (E) Medical dispensation. (F) Money management. (3) “Dependent person” means a person, regardless of whether the person lives independently, who has a physical or mental impairment that substantially restricts his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have significantly diminished because of age. “Dependent person” includes a person who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code. (g) Paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c) apply to the owners, operators, administrators, employees, independent contractors, agents, or volunteers working at these public or private facilities and only to the extent that the individuals personally commit, conspire, aid, abet, or facilitate any act prohibited by paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c). (h) Paragraph (2) of subdivision (b) and paragraph (2) of subdivision (c) do not apply to a caretaker who is a spouse of, or who is in an equivalent domestic relationship with, the dependent person under care. (i) (1) A person convicted of a violation of subdivision (a) shall be imprisoned in the state prison for life with the possibility of parole if the defendant personally inflicted bodily harm upon the victim. (2) The penalty provided in this subdivision shall only apply if the fact that the defendant personally inflicted bodily harm upon the victim is pled and proved. (3) As used in this subdivision, “bodily harm” means any substantial physical injury resulting from the use of force that is more than the force necessary to commit the offense. (Amended by Stats. 2018, Ch. 70, Sec. 2. (AB 1934) Effective January 1, 2019.)
  130. 288.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. )

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    A court may not suspend the sentence of a person convicted of the specified lewd act against a child under 14 until it gets a mental-condition report from a reputable psychiatrist or qualified psychologist.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. ) ## 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 upon or with the body, or any part or member thereof, of a child under the age of 14 years shall not have his or her sentence suspended until the court obtains a report from a reputable psychiatrist, from a reputable psychologist who meets the standards set forth in Section 1027, as to the mental condition of that person. (Amended by Stats. 2005, Ch. 477, Sec. 2. Effective January 1, 2006.)
  131. 288.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. )

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    This section makes it a crime to knowingly send, distribute, or show harmful matter depicting minors engaged in sexual conduct to someone believed to be a minor, with the specified sexual intent.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. ) ## 288.2. (a) (1) Every person who knows, should have known, or believes that another person is a minor, and who knowingly distributes, sends, causes to be sent, exhibits, or offers to distribute or exhibit by any means, including by physical delivery, telephone, electronic communication, or in person, any harmful matter that depicts a minor or minors engaging in sexual conduct, to the other person with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of the minor, and with the intent or for the purposes of engaging in sexual intercourse, sodomy, or oral copulation with the other person, or with the intent that either person touch an intimate body part of the other, is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, or is guilty of a felony, punishable by imprisonment in the state prison for two, three, or five years. (2) If the matter used by the person is harmful matter but does not include a depiction or depictions of a minor or minors engaged in sexual conduct, the offense is punishable by imprisonment in a county jail not exceeding one year, or by imprisonment in the state prison for 16 months, or two or three years. (3) For purposes of this subdivision, the offense described in paragraph (2) shall include all of the elements described in paragraph (1), except as to the element modified in paragraph (2). (b) For purposes of this section, “sexual conduct” has the same meaning as defined in subdivision (d) of Section 311.4. (c) For purposes of this section, “harmful matter” has the same meaning as defined in Section 313. (d) For purposes of this section, an intimate body part includes the sexual organ, anus, groin, or buttocks of any person, or the breasts of a female. (e) Prosecution under this section shall not preclude prosecution under any other provision of law. (f) It shall be a defense to any prosecution under this section that a parent or guardian committed the act charged in aid of legitimate sex education. (g) It shall be a defense in any prosecution under this section that the act charged was committed in aid of legitimate scientific or educational purposes. (h) It does not constitute a violation of this section for a telephone corporation, as defined in Section 234 of the Public Utilities Code, a cable television company franchised pursuant to Section 53066 of the Government Code, or any of its affiliates, an Internet service provider, or commercial online service provider, to carry, broadcast, or transmit messages described in this section or perform related activities in providing telephone, cable television, Internet, or commercial online services. (Repealed and added by Stats. 2013, Ch. 777, Sec. 2. (SB 145) Effective January 1, 2014.)
  132. 288.3.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. )

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    A person may not contact or try to contact a minor, knowing or reasonably knowing the person is a minor, when doing so is intended to commit certain listed offenses.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. ) ## 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 that the person is a minor, with intent to commit an offense specified in Section 207, 209, 261, 264.1, 273a, 286, 287, 288, 288.2, 289, 311.1, 311.2, 311.4 or 311.11, or former Section 288a, involving the minor shall be punished by imprisonment in the state prison for the term prescribed for an attempt to commit the intended offense. (b) As used in this section, “contacts or communicates with” shall include direct and indirect contact or communication that may be achieved personally or by use of an agent or agency, any print medium, any postal service, a common carrier or communication common carrier, any electronic communications system, or any telecommunications, wire, computer, or radio communications device or system. (c) A person convicted of a violation of subdivision (a) who has previously been convicted of a violation of subdivision (a) shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. (Amended by Stats. 2018, Ch. 423, Sec. 48. (SB 1494) Effective January 1, 2019. Note: This section was added November 7, 2006, by initiative Proposition 83.)
  133. 288.4.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. )

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    This section punishes certain meeting arrangements with minors made for sexual exposure or lewd conduct, with harsher prison terms for prior qualifying convictions or for going to the arranged meeting place.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. ) ## 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 believes to be a minor for the purpose of exposing his or her genitals or pubic or rectal area, having the child expose his or her genitals or pubic or rectal area, or engaging in lewd or lascivious behavior, shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment. (2) Every person who violates this subdivision after a prior conviction for an offense listed in subdivision (c) of Section 290 shall be punished by imprisonment in the state prison. (b) Every person described in paragraph (1) of subdivision (a) who goes to the arranged meeting place at or about the arranged time, shall be punished by imprisonment in the state prison for two, three, or four years. (c) Nothing in this section shall preclude or prohibit prosecution under any other provision of law. (Added by renumbering Section 288.3 (as added by Stats. 2006, Ch. 337) by Stats. 2007, Ch. 579, Sec. 5. Effective October 13, 2007.)
  134. 288.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. )

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    A person who lives with or has recurring access to a child under 14 and commits repeated qualifying sexual acts over at least three months commits continuous sexual abuse of a child and can be imprisoned for 6, 12, or 16 years.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. ) ## 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 than three months in duration, engages in three or more acts of substantial sexual conduct with a child under the age of 14 years at the time of the commission of the offense, as defined in subdivision (b) of Section 1203.066, or three or more acts of lewd or lascivious conduct, as defined in Section 288, with a child under the age of 14 years at the time of the commission of the offense is guilty of the offense of continuous sexual abuse of a child and shall be punished by imprisonment in the state prison for a term of 6, 12, or 16 years. (b) To convict under this section the trier of fact, if a jury, need unanimously agree only that the requisite number of acts occurred not on which acts constitute the requisite number. (c) No other act of substantial sexual conduct, as defined in subdivision (b) of Section 1203.066, with a child under 14 years of age at the time of the commission of the offenses, or lewd and lascivious acts, as defined in Section 288, involving the same victim may be charged in the same proceeding with a charge under this section unless the other charged offense occurred outside the time period charged under this section or the other offense is charged in the alternative. A defendant may be charged with only one count under this section unless more than one victim is involved in which case a separate count may be charged for each victim. (Amended by Stats. 2006, Ch. 337, Sec. 8. Effective September 20, 2006.)
  135. 288.7.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. )

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    Adults 18 or older are guilty of a felony if they engage in specified sexual acts with a child 10 years old or younger; the section sets prison terms of 25 years to life or 15 years to life depending on the act.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. ) ## 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 felony and shall be punished by imprisonment in the state prison for a term of 25 years to life. (b) Any person 18 years of age or older who engages in oral copulation or sexual penetration, as defined in Section 289, with a child who is 10 years of age or younger is guilty of a felony and shall be punished by imprisonment in the state prison for a term of 15 years to life. (Added by Stats. 2006, Ch. 337, Sec. 9. Effective September 20, 2006.)
  136. 2880.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Sale of Prison Goods Made Outside California [2880 - 2891] ( Article 2 added by Stats. 1941, Ch. 106. )

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    Prison-made goods brought into California are treated the same as if they had been made in California, unless federal law limits that result.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Sale of Prison Goods Made Outside California [2880 - 2891] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2880. To the extent and insofar as the same may be permitted under the provisions of the Constitution of the United States and the acts of Congress, all goods, wares, and merchandise manufactured, produced, or mined wholly or in part by prisoners (except prisoners on parole or probation) or manufactured, produced, or mined wholly or in part in any state prison, transported into the State of California and remaining herein for use, consumption, sale, or storage, shall upon arrival and delivery in this state be subject to the operation and effect of the laws of this state to the same extent and in the same manner as though those commodities had been manufactured, produced, or mined in this state by prisoners or in any state prison, and shall not be exempt therefrom by reason of being introduced in the original package or otherwise. (Amended by Stats. 1987, Ch. 828, Sec. 125.)
  137. 2881.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Sale of Prison Goods Made Outside California [2880 - 2891] ( Article 2 added by Stats. 1941, Ch. 106. )

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    People and businesses in this state may not sell or display for sale prison-made goods unless they are clearly marked “Convict-made” with the name of the prison or other facility.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Sale of Prison Goods Made Outside California [2880 - 2891] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2881. No person, firm, partnership, association or corporation within this State shall sell or offer, trade, consign, keep, expose or display for sale any goods, wares or merchandise manufactured, assembled, produced or mined in whole or in part by prisoners in any penitentiary, prison, reformatory or other establishment in which prison labor is employed, unless such prison-made goods, wares, or merchandise are plainly, legibly, conspicuously and indelibly branded, molded, embossed, stenciled or labeled with the words “Convict-made” in plain, bold letters followed by the name of such penitentiary, prison, reformatory or other establishment in which the goods, wares or merchandise were made. (Added by Stats. 1941, Ch. 106.)
  138. 2882.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Sale of Prison Goods Made Outside California [2880 - 2891] ( Article 2 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    Prison-made goods may be labeled with a tag reading “Convict-made” plus the name of the facility, if they cannot be permanently marked in the ways described in the prior section.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Sale of Prison Goods Made Outside California [2880 - 2891] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2882. It is hereby specifically provided that any article of prison-made goods, wares or merchandise, as described in the preceding section, may be labeled by the attachment of a label not smaller than four inches long and two inches wide, upon which is printed the words “Convict-made” in plain, bold letters followed by the name of such penitentiary, prison, reformatory, or other establishment in which the goods, wares or merchandise were made; provided, that in the judgment of officials charged with the enforcement of this article such prison-made goods, wares or merchandise can not be legibly, conspicuously and indelibly branded, molded, embossed, stenciled or labeled as provided in said preceding section. (Added by Stats. 1941, Ch. 106.)
  139. 2883.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Sale of Prison Goods Made Outside California [2880 - 2891] ( Article 2 added by Stats. 1941, Ch. 106. )

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    The stenciling or label must match the size and character of the merchandise, and its size, type, and character are subject to approval by the State of California officials responsible for enforcing this article.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Sale of Prison Goods Made Outside California [2880 - 2891] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2883. The size and type of such stenciling or label must be consistent with the size and character of the merchandise to which such stenciling or label applies. The size, type and character of such stenciling or label will be subject to the approval of the officials of the State of California responsible for the enforcement of this article. (Added by Stats. 1941, Ch. 106.)
  140. 2884.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Sale of Prison Goods Made Outside California [2880 - 2891] ( Article 2 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    This section bars selling or offering for sale prison-made goods in California unless they were first disinfected or sterilized at a licensed California plant, and a certificate of that treatment accompanies the goods.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Sale of Prison Goods Made Outside California [2880 - 2891] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2884. No person, firm, partnership, association or corporation within this state shall sell or offer, trade, consign, keep, expose, or display for sale any goods, wares or merchandise manufactured, assembled, produced, or mined in whole or in part by prisoners in any penitentiary, prison, reformatory, or other establishment in which prison labor is employed, unless those prison-made goods, wares, or merchandise have first been disinfected or sterilized in a plant located in California and licensed by the State Department of Health Services in accordance with any regulations of the State Department of Health Services now in force or which later may be made effective. It is hereby further provided that certificate of that disinfection or sterilization must accompany, be stamped on or attached to those goods, wares, or merchandise in a manner or form prescribed by the officials of the State of California responsible for the enforcement of this article. (Amended by Stats. 1987, Ch. 828, Sec. 126.)
  141. 2885.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Sale of Prison Goods Made Outside California [2880 - 2891] ( Article 2 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    Businesses and other persons in the state may not sell or display certain prison-made goods for sale unless they permanently and conspicuously post the required sign.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Sale of Prison Goods Made Outside California [2880 - 2891] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2885. No person, firm, partnership, association, or corporation within this State shall sell or offer, trade, consign, keep, expose or display for sale any goods, wares or merchandise manufactured, assembled, produced or mined in whole or in part by the prisoners in any penitentiary, prison, reformatory or other establishment in which prison labor is employed, unless such person, firm, partnership, association or corporation shall keep permanently and conspicuously displayed within the same inclosure and within 10 feet of the place where said prison-made goods, wares or merchandise are kept, exposed, displayed or offered for sale a suitable sign, at least 36 inches wide and 10 inches high, on which appear in legible letters not less than two inches high the following words: “Convict-made products on sale here.” (Added by Stats. 1941, Ch. 106.)
  142. 2886.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Sale of Prison Goods Made Outside California [2880 - 2891] ( Article 2 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    When certain persons or businesses advertise prison-made goods in a periodical or publication, they must include the words “Convict-made” in the ad.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Sale of Prison Goods Made Outside California [2880 - 2891] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2886. Any person, firm, partnership, association or corporation within this State, when advertising in any periodical or publication any goods, wares or merchandise made in whole or in part by prisoners in any penitentiary, prison, reformatory or other establishment in which prison labor is employed, must insert the words “Convict-made,” in such advertisement in type or other letters conforming in size or shape to those used in the text of said periodical or publication. (Added by Stats. 1941, Ch. 106.)
  143. 2887.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Sale of Prison Goods Made Outside California [2880 - 2891] ( Article 2 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    Violating this article is a misdemeanor and can lead to a fine, jail time, or both.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Sale of Prison Goods Made Outside California [2880 - 2891] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2887. Any person, firm, partnership, association or corporation violating the provisions of this article shall be guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not less than fifty dollars ($50) or more than five hundred dollars ($500) for each offense, or by imprisonment in the county jail for not less than 30 days or more than six months or by both such fine and imprisonment. (Added by Stats. 1941, Ch. 106.)
  144. 2888.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Sale of Prison Goods Made Outside California [2880 - 2891] ( Article 2 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    The State Superintendent of Weights and Measures, and authorized deputies or inspectors, may access premises or records containing information about the prison-made goods covered here.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Sale of Prison Goods Made Outside California [2880 - 2891] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2888. The State Superintendent of Weights and Measures or any deputy or inspector authorized by him, shall have access to any premises or any records held by any person, firm, partnership, association or corporation containing any information pertaining to the prison-made goods, wares or merchandise referred to herein. (Added by Stats. 1941, Ch. 106.)
  145. 2889.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Sale of Prison Goods Made Outside California [2880 - 2891] ( Article 2 added by Stats. 1941, Ch. 106. )

    Verify source ↗

    The State Superintendent of Weights and Measures supervises enforcement of this article.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Sale of Prison Goods Made Outside California [2880 - 2891] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2889. The enforcement of the provisions of this article shall be under the supervision of the State Superintendent of Weights and Measures. (Added by Stats. 1941, Ch. 106.)
  146. 289.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. )

    Verify source ↗

    Section 289 makes sexual penetration a crime in multiple circumstances, including force, incapacity to consent, unconsciousness, intoxication, deception, threats involving public authority, and certain age-based situations.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. ) ## 289. (a) (1) (A) Any person who commits an act of sexual penetration when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person shall be punished by imprisonment in the state prison for three, six, or eight years. (B) Any person who commits an act of sexual penetration upon a child who is under 14 years of age, when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 8, 10, or 12 years. (C) Any person who commits an act of sexual penetration upon a minor who is 14 years of age or older, when the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person, shall be punished by imprisonment in the state prison for 6, 8, or 10 years. (D) This paragraph does not preclude prosecution under Section 269, Section 288.7, or any other provision of law. (2) Any person who commits an act of sexual penetration when the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat, shall be punished by imprisonment in the state prison for three, six, or eight years. (b) Except as provided in subdivision (c), any person who commits an act of sexual penetration, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act or causing the act to be committed, shall be punished by imprisonment in the state prison for three, six, or eight years. Notwithstanding the appointment of a conservator with respect to the victim pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent. (c) Any person who commits an act of sexual penetration, and the victim is at the time incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act or causing the act to be committed and both the defendant and the victim are at the time confined in a state hospital for the care and treatment of the mentally disordered or in any other public or private facility for the care and treatment of the mentally disordered approved by a county mental health director, shall be punished by imprisonment in the state prison, or in a county jail for a period of not more than one year. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving legal consent. (d) Any person who commits an act of sexual penetration, and the victim is at the time unconscious of the nature of the act and this is known to the person committing the act or causing the act to be committed, shall be punished by imprisonment in the state prison for three, six, or eight years. As used in this subdivision, “unconscious of the nature of the act” means incapable of resisting because the victim meets one of the following conditions: (1) Was unconscious or asleep. (2) Was not aware, knowing, perceiving, or cognizant that the act occurred. (3) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraud in fact. (4) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose. (e) Any person who commits an act of sexual penetration when the victim is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused, shall be punished by imprisonment in the state prison for a period of three, six, or eight years. (f) Any person who commits an act of sexual penetration when the victim submits under the belief that the person committing the act or causing the act to be committed is someone known to the victim other than the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief, shall be punished by imprisonment in the state prison for a period of three, six, or eight years. (g) Any person who commits an act of sexual penetration when the act is accomplished against the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official, shall be punished by imprisonment in the state prison for a period of three, six, or eight years. As used in this subdivision, “public official” means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official. (h) Except as provided in Section 288, any person who participates in an act of sexual penetration with another person who is under 18 years of age shall be punished by imprisonment in the state prison or in a county jail for a period of not more than one year. (i) Except as provided in Section 288, any person over 21 years of age who participates in an act of sexual penetration with another person who is under 16 years of age shall be guilty of a felony. (j) Any person who participates in an act of sexual penetration with another person who is under 14 years of age and who is more than 10 years younger than he or she shall be punished by imprisonment in the state prison for three, six, or eight years. (k) As used in this section: (1) “Sexual penetration” is the act of causing the penetration, however slight, of the genital or anal opening of any person or causing another person to so penetrate the defendant’s or another person’s genital or anal opening for the purpose of sexual arousal, gratification, or abuse by any foreign object, substance, instrument, or device, or by any unknown object. (2) “Foreign object, substance, instrument, or device” shall include any part of the body, except a sexual organ. (3) “Unknown object” shall include any foreign object, substance, instrument, or device, or any part of the body, including a penis, when it is not known whether penetration was by a penis or by a foreign object, substance, instrument, or device, or by any other part of the body. (l) As used in subdivision (a), “threatening to retaliate” means a threat to kidnap or falsely imprison, or inflict extreme pain, serious bodily injury or death. (m) As used in this section, “victim” includes any person who the defendant causes to penetrate the genital or anal opening of the defendant or another person or whose genital or anal opening is caused to be penetrated by the defendant or another person and who otherwise qualifies as a victim under the requirements of this section. (Amended by Stats. 2013, Ch. 282, Sec. 2. (SB 59) Effective September 9, 2013.)
  147. 289.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. )

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    A person who flees to this state to avoid prosecution or custody for certain sex-offense-related conduct may be guilty of a misdemeanor, and a later felony sex offense can add two years’ imprisonment.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. ) ## 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 have been punishable as one or more of the offenses described in subdivision (c) of Section 290, and who has been charged with that offense under the laws of the jurisdiction from which the person fled, is guilty of a misdemeanor. (b) Every person who flees to this state with the intent to avoid custody or confinement imposed for conviction of an offense under the laws of the jurisdiction from which the person fled, which offense, if committed or attempted in this state, would have been punishable as one or more of the offenses described in subdivision (c) of Section 290, is guilty of a misdemeanor. (c) No person shall be charged and prosecuted for an offense under this section unless the prosecutor has requested the other jurisdiction to extradite the person and the other jurisdiction has refused to do so. (d) Any person who is convicted of any felony sex offense described in subdivision (c) of Section 290, that is committed after fleeing to this state under the circumstances described in subdivision (a) or (b) of this section, shall, in addition and consecutive to the punishment for that conviction, receive an additional term of two years’ imprisonment. (Amended by Stats. 2007, Ch. 579, Sec. 6. Effective October 13, 2007.)
  148. 289.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. )

    Verify source ↗

    Certain facility employees, officers, agents, volunteers, and peace officers must not engage in sexual activity with adults confined in specified health or detention settings, and the section also covers certain corrections employees supervising inmates, wards, or parolees.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5. Bigamy, Incest, and the Crime Against Nature [281 - 289.6] ( Chapter 5 enacted 1872. ) ## 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 health facility or staff for a health facility under contract with a public entity, who engages in sexual activity with a consenting adult who is confined in a health facility is guilty of a public offense. As used in this paragraph, “health facility” means a health facility as defined in subdivisions (b), (e), (g), (h), and (j) of, and subparagraph (C) of paragraph (2) of subdivision (i) of, Section 1250 of the Health and Safety Code, in which the victim has been confined involuntarily. (2) An employee or officer of a public entity detention facility, or an employee, officer, agent of a private person or entity that provides a detention facility or staff for a detention facility, a person or agent of a public or private entity under contract with a detention facility, a volunteer of a private or public entity detention facility, or a peace officer who engages in sexual activity with a consenting adult who is confined in a detention facility is guilty of a public offense. (3) An employee with a department, board, or authority under the Department of Corrections and Rehabilitation or a facility under contract with a department, board, or authority under the Department of Corrections and Rehabilitation, who, during the course of his or her employment directly provides treatment, care, control, or supervision of inmates, wards, or parolees, and who engages in sexual activity with a consenting adult who is an inmate, ward, or parolee, is guilty of a public offense. (b) As used in this section, the term “public entity” means the state, federal government, a city, a county, a city and county, a joint county jail district, or any entity created as a result of a joint powers agreement between two or more public entities. (c) As used in this section, the term “detention facility” means: (1) A prison, jail, camp, or other correctional facility used for the confinement of adults or both adults and minors. (2) A building or facility used for the confinement of adults or adults and minors pursuant to a contract with a public entity. (3) A room that is used for holding persons for interviews, interrogations, or investigations and that is separate from a jail or located in the administrative area of a law enforcement facility. (4) A vehicle used to transport confined persons during their period of confinement, including transporting a person after he or she has been arrested but has not been booked. (5) A court holding facility located within or adjacent to a court building that is used for the confinement of persons for the purpose of court appearances. (d) As used in this section, “sexual activity” means: (1) Sexual intercourse. (2) Sodomy, as defined in subdivision (a) of Section 286. (3) Oral copulation, as defined in subdivision (a) of Section 287 or former Section 288a. (4) Sexual penetration, as defined in subdivision (k) of Section 289. (5) The rubbing or touching of the breasts or sexual organs of another, or of oneself in the presence of and with knowledge of another, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of oneself or another. (e) Consent by a confined person or parolee to sexual activity proscribed by this section is not a defense to a criminal prosecution for violation of this section. (f) This section does not apply to sexual activity between consenting adults that occurs during an overnight conjugal visit that takes place pursuant to a court order or with the written approval of an authorized representative of the public entity that operates or contracts for the operation of the detention facility where the conjugal visit takes place, to physical contact or penetration made pursuant to a lawful search, or bona fide medical examinations or treatments, including clinical treatments. (g) Any violation of paragraph (1) of subdivision (a), or a violation of paragraph (2) or (3) of subdivision (a) as described in paragraph (5) of subdivision (d), is a misdemeanor. (h) Any violation of paragraph (2) or (3) of subdivision (a), as described in paragraph (1), (2), (3), or (4) of subdivision (d), shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison, or by a fine of not more than ten thousand dollars ($10,000) or by both that fine and imprisonment. (i) Any person previously convicted of a violation of this section shall, upon a subsequent violation, be guilty of a felony. (j) Anyone who is convicted of a felony violation of this section who is employed by a department, board, or authority within the Department of Corrections and Rehabilitation shall be terminated in accordance with the State Civil Service Act (Part 2 (commencing with Section 18500) of Division 5 of Title 2 of the Government Code). Anyone who has been convicted of a felony violation of this section shall not be eligible to be hired or reinstated by a department, board, or authority within the Department of Corrections and Rehabilitation. (Amended by Stats. 2018, Ch. 423, Sec. 50. (SB 1494) Effective January 1, 2019.)
  149. 2890.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Sale of Prison Goods Made Outside California [2880 - 2891] ( Article 2 added by Stats. 1941, Ch. 106. )

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    This article does not apply to goods, wares, or merchandise manufactured in any penitentiary or prison in the state.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Sale of Prison Goods Made Outside California [2880 - 2891] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2890. The provisions of this article shall not apply to any goods, wares or merchandise manufactured in any penitentiary or prison of this State. (Added by Stats. 1941, Ch. 106.)
  150. 2891.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Sale of Prison Goods Made Outside California [2880 - 2891] ( Article 2 added by Stats. 1941, Ch. 106. )

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    No person or corporation may sell, offer for sale, or expose for sale goods made wholly or partly by prisoners, unless an exception applies.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 1. IMPRISONMENT OF MALE PRISONERS IN STATE PRISONS [2000 - 3105] ( Title 1 repealed and added by Stats. 1941, Ch. 106. ) ## CHAPTER 6. Sale of Prison-Made Goods [2800 - 2891] ( Heading of Chapter 6 renumbered from Chapter 7 by Stats. 1941, Ch. 893. ) ## ARTICLE 2. Sale of Prison Goods Made Outside California [2880 - 2891] ( Article 2 added by Stats. 1941, Ch. 106. ) ## 2891. No person or corporation may sell, expose for sale or offer for sale any goods, wares or merchandise manufactured, produced or mined wholly or in part by prisoners (except prisoners on parole or probation) or manufactured, produced or mined wholly or in part in any State prison the sale of which is not specifically sanctioned by law; and any person or corporation violating any provision of this section is guilty of a misdemeanor. (Added by Stats. 1941, Ch. 106.)
  151. 29.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 1. OF PERSONS LIABLE TO PUNISHMENT FOR CRIME [25 - 29.8] ( Title 1 enacted 1872. )

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    In the guilt phase of a criminal case, an expert about a defendant’s mental condition may not say whether the defendant had the required mental states; that question is for the trier of fact.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 1. OF PERSONS LIABLE TO PUNISHMENT FOR CRIME [25 - 29.8] ( Title 1 enacted 1872. ) ## 29. In the guilt phase of a criminal action, any expert testifying about a defendant’s mental illness, mental disorder, or mental defect shall not testify as to whether the defendant had or did not have the required mental states, which include, but are not limited to, purpose, intent, knowledge, or malice aforethought, for the crimes charged. The question as to whether the defendant had or did not have the required mental states shall be decided by the trier of fact. (Repealed and added by Stats. 1984, Ch. 1433, Sec. 3.)
  152. 29.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 1. OF PERSONS LIABLE TO PUNISHMENT FOR CRIME [25 - 29.8] ( Title 1 enacted 1872. )

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    Intent may be inferred from the circumstances of the offense, and certain evidence about lack of capacity or control is not admissible in the guilt phase.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 1. OF PERSONS LIABLE TO PUNISHMENT FOR CRIME [25 - 29.8] ( Title 1 enacted 1872. ) ## 29.2. (a) The intent or intention is manifested by the circumstances connected with the offense. (b) In the guilt phase of a criminal action or a juvenile adjudication hearing, evidence that the accused lacked the capacity or ability to control his or her conduct for any reason shall not be admissible on the issue of whether the accused actually had any mental state with respect to the commission of any crime. This subdivision is not applicable to Section 26. (Added by renumbering Section 21 by Stats. 2012, Ch. 162, Sec. 118. (SB 1171) Effective January 1, 2013.)
  153. 29.4.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 1. OF PERSONS LIABLE TO PUNISHMENT FOR CRIME [25 - 29.8] ( Title 1 enacted 1872. )

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    Voluntary intoxication does not make an act less criminal, and its evidence is limited to specific intent issues and, in murder cases, premeditation, deliberation, or express malice aforethought.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 1. OF PERSONS LIABLE TO PUNISHMENT FOR CRIME [25 - 29.8] ( Title 1 enacted 1872. ) ## 29.4. (a) No act committed by a person while in a state of voluntary intoxication is less criminal by reason of his or her having been in that condition. Evidence of voluntary intoxication shall not be admitted to negate the capacity to form any mental states for the crimes charged, including, but not limited to, purpose, intent, knowledge, premeditation, deliberation, or malice aforethought, with which the accused committed the act. (b) Evidence of voluntary intoxication is admissible solely on the issue of whether or not the defendant actually formed a required specific intent, or, when charged with murder, whether the defendant premeditated, deliberated, or harbored express malice aforethought. (c) Voluntary intoxication includes the voluntary ingestion, injection, or taking by any other means of any intoxicating liquor, drug, or other substance. (Added by renumbering Section 22 by Stats. 2012, Ch. 162, Sec. 119. (SB 1171) Effective January 1, 2013.)
  154. 29.8.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 1. OF PERSONS LIABLE TO PUNISHMENT FOR CRIME [25 - 29.8] ( Title 1 enacted 1872. )

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    In criminal cases where insanity is pleaded, the factfinder may not base that defense solely on certain listed disorders or substance addiction/abuse.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 1. OF PERSONS LIABLE TO PUNISHMENT FOR CRIME [25 - 29.8] ( Title 1 enacted 1872. ) ## 29.8. In any criminal proceeding in which a plea of not guilty by reason of insanity is entered, this defense shall not be found by the trier of fact solely on the basis of a personality or adjustment disorder, a seizure disorder, or an addiction to, or abuse of, intoxicating substances. This section shall apply only to persons who utilize this defense on or after the operative date of the section. (Added by renumbering Section 25.5 by Stats. 2012, Ch. 162, Sec. 120. (SB 1171) Effective January 1, 2013.)
  155. 290.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    People covered by subdivision (c) must register as sex offenders, usually within five working days of moving or becoming temporarily resident, and keep registering under the Act unless an exception applies.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 290. (a) Sections 290 to 290.024, inclusive, shall be known, and may be cited, as the Sex Offender Registration Act. All references to “the Act” in those sections are to the Sex Offender Registration Act. (b) Every person described in subdivision (c), for the period specified in subdivision (d) while residing in California, or while attending school or working in California, as described in Sections 290.002 and 290.01, shall register with the chief of police of the city in which the person is residing, or the sheriff of the county if the person is residing in an unincorporated area or city that has no police department, and, additionally, with the chief of police of a campus of the University of California, the California State University, or community college if the person is residing upon the campus or in any of its facilities, within five working days of coming into, or changing the person’s residence within, any city, county, or city and county, or campus in which the person temporarily resides, and shall register thereafter in accordance with the Act, unless the duty to register is terminated pursuant to Section 290.5 or as otherwise provided by law. (c) The following persons shall register: (1) A person who, since July 1, 1944, has been or is hereafter convicted in any court in this state or in any federal or military court of a violation of Section 187 committed in the perpetration, or an attempt to perpetrate, rape, or any act punishable under Section 286, 287, 288, or 289 or former Section 288a, Section 207 or 209 committed with intent to violate Section 261, subdivision (c) or (d) of Section 261.5 if the offense occurred on or after January 1, 2026, 286, 287, 288, or 289 or former Section 288a, Section 220, except assault to commit mayhem, subdivision (b) or (c) of Section 236.1, Section 243.4, Section 261, paragraph (1) of subdivision (a) of former Section 262 involving the use of force or violence for which the person is sentenced to the state prison, Section 264.1, 266, or 266c, subdivision (b) of Section 266h, subdivision (b) of Section 266i, Section 266j, 267, 269, 285, 286, 287, 288, 288.3, 288.4, 288.5, 288.7, 289, or 311.1, or former Section 288a, subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, 311.10, 311.11, or 647.6, former Section 647a, subdivision (c) of Section 653f, subdivision 1 or 2 of Section 314, any offense involving lewd or lascivious conduct under Section 272, or any felony violation of Section 288.2; any statutory predecessor that includes all elements of one of the offenses described in this subdivision; or any person who since that date has been or is hereafter convicted of the attempt or conspiracy to commit any of the offenses described in this subdivision. (2) (A) A person who is 18 years of age or older, is convicted on or after January 1, 2025, of a violation of paragraph (2) of subdivision (l) of Section 647, and has a prior conviction for a violation of subparagraph (A) of paragraph (2) of subdivision (l) of Section 647 shall register if, at the time of the offense, the person was more than 10 years older than the solicited minor, as measured from the minor’s date of birth to the person’s date of birth, and the conviction is the only one requiring the person to register. (B) This paragraph does not preclude the court from requiring a person to register pursuant to Section 290.006. (3) Notwithstanding paragraph (1), a person convicted of a violation of subdivision (c) or (d) of Section 261.5, subdivision (b) of Section 286, subdivision (b) of Section 287, or subdivision (h) or (i) of Section 289 shall not be required to register if, at the time of the offense, the person is not more than 10 years older than the minor, as measured from the minor’s date of birth to the person’s date of birth, and the conviction is the only one requiring the person to register. This paragraph does not preclude the court from requiring a person to register pursuant to Section 290.006. (d) A person described in subdivision (c), or who is otherwise required to register pursuant to the Act shall register for 10 years, 20 years, or life, following a conviction and release from incarceration, placement, commitment, or release on probation or other supervision, as follows: (1) (A) A tier one offender is subject to registration for a minimum of 10 years. A person is a tier one offender if the person is required to register for conviction of a misdemeanor described in subdivision (c), or for conviction of a felony described in subdivision (c) that was not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7. (B) This paragraph does not apply to a person who is subject to registration pursuant to paragraph (2) or (3). (2) (A) A tier two offender is subject to registration for a minimum of 20 years. A person is a tier two offender if the person was convicted of an offense described in subdivision (c) that is also described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7, Section 285, subdivision (g) or (h) of Section 286, subdivision (g) or (h) of Section 287 or former Section 288a, subdivision (b) of Section 289, or Section 647.6 if it is a second or subsequent conviction for that offense that was brought and tried separately. (B) This paragraph does not apply if the person is subject to lifetime registration as required in paragraph (3). (3) A tier three offender is subject to registration for life. A person is a tier three offender if any one of the following applies: (A) Following conviction of a registerable offense, the person was subsequently convicted in a separate proceeding of committing an offense described in subdivision (c) and the conviction is for commission of a violent felony described in subdivision (c) of Section 667.5, or the person was subsequently convicted of committing an offense for which the person was ordered to register pursuant to Section 290.006, and the conviction is for the commission of a violent felony described in subdivision (c) of Section 667.5. (B) The person was committed to a state mental hospital as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. (C) The person was convicted of violating any of the following: (i) Section 187 while attempting to commit or committing an act punishable under Section 261, 286, 287, 288, or 289 or former Section 288a. (ii) Section 207 or 209 with intent to violate Section 261, 286, 287, 288, or 289 or former Section 288a. (iii) Section 220. (iv) Subdivision (b) of Section 266h. (v) Subdivision (b) of Section 266i. (vi) Section 266j. (vii) Section 267. (viii) Section 269. (ix) Subdivision (b) or (c) of Section 288. (x) Section 288.2. (xi) Section 288.3, unless committed with the intent to commit a violation of subdivision (b) of Section 286, subdivision (b) of Section 287 or former Section 288a, or subdivision (h) or (i) of Section 289. (xii) Section 288.4. (xiii) Section 288.5. (xiv) Section 288.7. (xv) Subdivision (c) of Section 653f. (xvi) Any offense for which the person is sentenced to a life term pursuant to Section 667.61. (D) The person’s risk level on the static risk assessment instrument for sex offenders (SARATSO), pursuant to Section 290.04, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument. (E) The person is a habitual sex offender pursuant to Section 667.71. (F) The person was convicted of violating subdivision (a) of Section 288 in two proceedings brought and tried separately. (G) The person was sentenced to 15 to 25 years to life for an offense listed in Section 667.61. (H) The person is required to register pursuant to Section 290.004. (I) The person was convicted of a felony offense described in subdivision (b) or (c) of Section 236.1. (J) The person was convicted of a felony offense described in subdivision (a), (c), or (d) of Section 243.4. (K) The person was convicted of violating paragraph (2), (3), or (4) of subdivision (a) of Section 261 or was convicted of violating Section 261 and punished pursuant to paragraph (1) or (2) of subdivision (c) of Section 264. (L) The person was convicted of violating paragraph (1) of subdivision (a) of former Section 262. (M) The person was convicted of violating Section 264.1. (N) The person was convicted of any offense involving lewd or lascivious conduct under Section 272. (O) The person was convicted of violating paragraph (2) of subdivision (c) of, or subdivision (d), (f), or (i) of, Section 286. (P) The person was convicted of violating paragraph (2) of subdivision (c) of, or subdivision (d), (f), or (i) of, Section 287 or former Section 288a. (Q) The person was convicted of violating paragraph (1) of subdivision (a) of, or subdivision (d), (e), or (j) of, Section 289. (R) The person was convicted of a felony violation of Section 311.1 or 311.11 or of violating subdivision (b), (c), or (d) of Section 311.2, Section 311.3, 311.4, or 311.10. (4) (A) A person who is required to register pursuant to Section 290.005 shall be placed in the appropriate tier if the offense is assessed as equivalent to a California registerable offense described in subdivision (c). (B) If the person’s duty to register pursuant to Section 290.005 is based solely on the requirement of registration in another jurisdiction, and there is no equivalent California registerable offense, the person shall be subject to registration as a tier two offender, except that the person is subject to registration as a tier three offender if one of the following applies: (i) The person’s risk level on the static risk assessment instrument (SARATSO), pursuant to Section 290.06, is well above average risk at the time of release on the index sex offense into the community, as defined in the Coding Rules for that instrument. (ii) The person was subsequently convicted in a separate proceeding of an offense substantially similar to an offense listed in subdivision (c) which is also substantially similar to an offense described in subdivision (c) of Section 667.5, or is substantially similar to Section 269 or 288.7. (iii) The person has ever been committed to a state mental hospital or mental health facility in a proceeding substantially similar to civil commitment as a sexually violent predator pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code. (5) (A) The Department of Justice may place a person described in subdivision (c), or who is otherwise required to register pursuant to the Act, in a tier-to-be-determined category if the appropriate tier designation described in this subdivision cannot be immediately ascertained. An individual placed in this tier-to-be-determined category shall continue to register in accordance with the Act. The individual shall be given credit toward the mandated minimum registration period for any period for which the individual registers. (B) The Department of Justice shall ascertain an individual’s appropriate tier designation as described in this subdivision within 24 months of the individual’s placement in the tier-to-be-determined category. (e) The minimum time period for the completion of the required registration period in tier one or two commences on the date of release from incarceration, placement, or commitment, including any related civil commitment on the registerable offense. The minimum time for the completion of the required registration period for a designated tier is tolled during any period of subsequent incarceration, placement, or commitment, including any subsequent civil commitment, except that arrests not resulting in conviction, adjudication, or revocation of probation or parole shall not toll the required registration period. The minimum time period shall be extended by one year for each misdemeanor conviction of failing to register under this Act, and by three years for each felony conviction of failing to register under this Act, without regard to the actual time served in custody for the conviction. If a registrant is subsequently convicted of another offense requiring registration pursuant to the Act, a new minimum time period for the completion of the registration requirement for the applicable tier shall commence upon that person’s release from incarceration, placement, or commitment, including any related civil commitment. If the subsequent conviction requiring registration pursuant to the Act occurs prior to an order to terminate the registrant from the registry after completion of a tier associated with the first conviction for a registerable offense, the applicable tier shall be the highest tier associated with the convictions. (f) This section does not require a ward of the juvenile court to register under the Act, except as provided in Section 290.008. (Amended by Stats. 2025, Ch. 780, Sec. 1. (SB 680) Effective January 1, 2026.)
  156. 290.001.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    People who have ever been adjudicated a sexually violent predator must register under the Act.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 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 register in accordance with the Act. (Added by Stats. 2007, Ch. 579, Sec. 9. Effective October 13, 2007.)
  157. 290.002.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    Some out-of-state residents working or studying in California must register under the Act and give the registering authority employment or school details plus their home-state address or location.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 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 full-time or part-time basis, with or without compensation, for more than 14 days, or for an aggregate period exceeding 30 days in a calendar year, shall register in accordance with the Act. Persons described in the Act who are out-of-state residents enrolled in any educational institution in California, as defined in Section 22129 of the Education Code, on a full-time or part-time basis, shall register in accordance with the Act. The place where the out-of-state resident is located, for purposes of registration, shall be the place where the person is employed, carrying on a vocation, or attending school. The out-of-state resident subject to this section shall, in addition to the information required pursuant to Section 290.015, provide the registering authority with the name of his or her place of employment or the name of the school attended in California, and his or her address or location in his or her state of residence. The registration requirement for persons subject to this section shall become operative on November 25, 2000. The terms “employed or carries on a vocation” include employment whether or not financially compensated, volunteered, or performed for government or educational benefit. (Added by Stats. 2007, Ch. 579, Sec. 10. Effective October 13, 2007.)
  158. 290.003.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    Certain released, discharged, or paroled persons must register under the Act.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 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 because of the commission or attempted commission of one of the offenses described in subdivision (c) of Section 290, shall register in accordance with the Act. (Added by Stats. 2007, Ch. 579, Sec. 11. Effective October 13, 2007.)
  159. 290.004.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    Certain persons must register under the act.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 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 Section 6300) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, or any person who has been found guilty in the guilt phase of a trial for an offense for which registration is required by this act but who has been found not guilty by reason of insanity in the sanity phase of the trial shall register in accordance with the act. (Amended by Stats. 2017, Ch. 269, Sec. 8. (SB 811) Effective January 1, 2018.)
  160. 290.005.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    Certain people must register under the Act, including some out-of-state offenders and people ordered by another court to register as sex offenders.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 290.005. The following persons shall register in accordance with the Act: (a) Except as provided in subdivision (c) or (d), any person who, since July 1, 1944, has been, or is hereafter convicted in any other court, including any state, federal, or military court, of any offense that, if committed or attempted in this state, based on the elements of the convicted offense or facts admitted by the person or found true by the trier of fact or stipulated facts in the record of military proceedings, would have been punishable as one or more of the offenses described in subdivision (c) of Section 290, including offenses in which the person was a principal, as defined in Section 31. (b) Any person ordered by any other court, including any state, federal, or military court, to register as a sex offender for any offense, if the court found at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification. (c) Except as provided in subdivision (d), any person who would be required to register while residing in the state of conviction for a sex offense committed in that state. (d) Notwithstanding any other law, a person convicted in another state of an offense similar to one of the following offenses who is required to register in the state of conviction shall not be required to register in California unless the out-of-state offense, based on the elements of the conviction offense or proven or stipulated facts in the record of conviction, contains all of the elements of a registerable California offense described in subdivision (c) of Section 290: (1) Indecent exposure, pursuant to Section 314. (2) Unlawful sexual intercourse, pursuant to Section 261.5. (3) Incest, pursuant to Section 285. (4) Sodomy, pursuant to Section 286, or oral copulation, pursuant to Section 287 or former Section 288a, provided that the offender notifies the Department of Justice that the sodomy or oral copulation conviction was for conduct between consenting adults, as described in Section 290.019, and the department is able, upon the exercise of reasonable diligence, to verify that fact. (5) Pimping, pursuant to Section 266h, or pandering, pursuant to Section 266i. (Amended by Stats. 2018, Ch. 423, Sec. 53. (SB 1494) Effective January 1, 2019.)
  161. 290.006.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

    Verify source ↗

    Certain people ordered to register must do so if the court finds the offense was committed for sexual compulsion or sexual gratification; the court must also state its reasons and consider listed factors when deciding whether tier two or tier three registration is needed.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 290.006. (a) Any person ordered by any court to register pursuant to the act, who is not required to register pursuant to Section 290, shall so register, if the court finds at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification. The court shall state on the record the reasons for its findings and the reasons for requiring registration. (b) The person shall register as a tier one offender in accordance with paragraph (1) of subdivision (d) of Section 290, unless the court finds the person should register as a tier two or tier three offender and states on the record the reasons for its finding. (c) In determining whether to require the person to register as a tier two or tier three offender, the court shall consider all of the following: (1) The nature of the registerable offense. (2) The age and number of victims, and whether any victim was personally unknown to the person at the time of the offense. A victim is personally unknown to the person for purposes of this paragraph if the victim was known to the offender for less than 24 hours. (3) The criminal and relevant noncriminal behavior of the person before and after conviction for the registerable offense. (4) Whether the person has previously been arrested for, or convicted of, a sexually motivated offense. (5) The person’s current risk of sexual or violent reoffense, including the person’s risk level on the SARATSO static risk assessment instrument, and, if available from past supervision for a sexual offense, the person’s risk level on the SARATSO dynamic and violence risk assessment instruments. (d) This section shall become operative on January 1, 2021. (Amended (as added by Stats. 2017, Ch. 541, Sec. 4) by Stats. 2020, Ch. 79, Sec. 4. (SB 145) Effective January 1, 2021. Section operative January 1, 2021, by its own provisions.)
  162. 290.007.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

    Verify source ↗

    People who are required to register under the Act must register in accordance with the Act, even if their conviction was dismissed, unless they qualify for one of the stated relief exceptions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 290.007. A person required to register pursuant to any provision of the Act shall register in accordance with the Act, regardless of whether the person’s conviction has been dismissed pursuant to Section 1203.4, unless the person obtains a certificate of rehabilitation and is entitled to relief from registration pursuant to Section 290.5, or is exonerated pursuant to subdivision (e) of Section 3007.05 of the conviction requiring registration and the person is not otherwise required to register. (Amended by Stats. 2018, Ch. 979, Sec. 1. (SB 1050) Effective January 1, 2019.)
  163. 290.008.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

    Verify source ↗

    Certain people covered by this section must register under the Act, unless the duty is ended by Section 290.5 or other law.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 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 which they were committed after having been adjudicated a ward of the juvenile court pursuant to Section 602 of the Welfare and Institutions Code because of the commission or attempted commission of any offense described in subdivision (c) shall register in accordance with the Act unless the duty to register is terminated pursuant to Section 290.5 or as otherwise provided by law. (b) Any person who is discharged or paroled from a facility in another state that is equivalent to the Division of Juvenile Justice, to the custody of which they were committed because of an offense which, if committed or attempted in this state, would have been punishable as one or more of the offenses described in subdivision (c) shall register in accordance with the Act. (c) Any person described in this section who committed an offense in violation of any of the following provisions shall be required to register pursuant to the Act: (1) Assault with intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 under Section 220. (2) Any offense defined in paragraph (1), (2), (3), (4), or (6) of subdivision (a) of Section 261, Section 264.1, 266c, or 267, paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of, Section 286, paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of, Section 287, Section 288 or 288.5, paragraph (1) of subdivision (b) of, or subdivision (c) or (d) of, former Section 288a, subdivision (a) of Section 289, or Section 647.6. (3) A violation of Section 207 or 209 committed with the intent to violate Section 261, 286, 287, 288, or 289, or former Section 288a. (d) (1) A tier one juvenile offender is subject to registration for a minimum of five years. A person is a tier one juvenile offender if the person is required to register after being adjudicated as a ward of the court and discharged or paroled from the Department of Corrections and Rehabilitation for an offense listed in subdivision (c) that is not a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7. (2) A tier two juvenile offender is subject to registration for a minimum of 10 years. A person is a tier two juvenile offender if the person is required to register after being adjudicated as a ward of the court and discharged or paroled from the Department of Corrections and Rehabilitation for an offense listed in subdivision (c) that is a serious or violent felony as described in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7. (3) A person who is required to register as a sex offender pursuant to this section may file a petition for termination from the sex offender registry in the juvenile court in the county in which they are registered at the expiration of their mandated minimum registration period, pursuant to Section 290.5. (e) Prior to discharge or parole from the Department of Corrections and Rehabilitation, any person who is subject to registration under this section shall be informed of the duty to register under the procedures set forth in the Act. Department officials shall transmit the required forms and information to the Department of Justice. (f) All records specifically relating to the registration in the custody of the Department of Justice, law enforcement agencies, and other agencies or public officials shall be destroyed when the person who is required to register has their records sealed under the procedures set forth in Section 781 of the Welfare and Institutions Code. This section shall not be construed as requiring the destruction of other criminal offender or juvenile records relating to the case that are maintained by the Department of Justice, law enforcement agencies, the juvenile court, or other agencies and public officials unless ordered by a court under Section 781 of the Welfare and Institutions Code. (g) This section shall become operative on January 1, 2021. (h) For purposes of this section, a discharged person shall include all of the following: (1) A ward in the custody of the Department of Corrections and Rehabilitation, Division of Juvenile Justice on or after July 1, 2022, who, prior to discharge, is returned by the division or the chief probation officer of the county to the court of jurisdiction for alternative disposition, specifically due to the statutorily required closure of the division. The division shall inform the ward of the duty to register prior to the ward being returned to the court. (2) A patient described in Section 1732.10 of the Welfare and Institutions Code. The division shall inform the patient of the duty to register immediately prior to closure of the division. (3) A person described in Section 1732.9 of the Welfare and Institutions Code. The Department of Corrections and Rehabilitation shall inform the person of the duty to register immediately prior to the person being returned to the court of jurisdiction. (i) The court of jurisdiction shall establish the point at which the ward described in subdivision (h) is required to register and notify the Department of Justice of its decision. (Amended by Stats. 2022, Ch. 771, Sec. 13. (AB 160) Effective September 29, 2022.)
  164. 290.009.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

    Verify source ↗

    Certain registrants who are students, employees, or vocational workers at a California institution of higher learning must register under the Act.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 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, at an institution of higher learning in this state, shall register pursuant to the provisions of the Act. (Added by Stats. 2007, Ch. 579, Sec. 17. Effective October 13, 2007.)
  165. 290.01.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    Certain registered sex offenders connected to a college or university must register with campus police, or with city police or the county sheriff if there is no campus police department, and must notify the agency when enrollment, employment, or a vocation ends.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 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 Registration Act who is enrolled as a student of any university, college, community college, or other institution of higher learning, or is, with or without compensation, a full-time or part-time employee of that university, college, community college, or other institution of higher learning, or is carrying on a vocation at the university, college, community college, or other institution of higher learning, for more than 14 days, or for an aggregate period exceeding 30 days in a calendar year, shall, in addition to the registration required by the Sex Offender Registration Act, register with the campus police department within five working days of commencing enrollment or employment at that university, college, community college, or other institution of higher learning, on a form as may be required by the Department of Justice. The terms “employed or carries on a vocation” include employment whether or not financially compensated, volunteered, or performed for government or educational benefit. The registrant shall also notify the campus police department within five working days of ceasing to be enrolled or employed, or ceasing to carry on a vocation, at the university, college, community college, or other institution of higher learning. (2) For purposes of this section, a campus police department is a police department of the University of California, California State University, or California Community College, established pursuant to Section 72330, 89560, or 92600 of the Education Code, or is a police department staffed with deputized or appointed personnel with peace officer status as provided in Section 830.6 of the Penal Code and is the law enforcement agency with the primary responsibility for investigating crimes occurring on the college or university campus on which it is located. (b) If the university, college, community college, or other institution of higher learning has no campus police department, the registrant shall instead register pursuant to subdivision (a) with the police of the city in which the campus is located or the sheriff of the county in which the campus is located if the campus is located in an unincorporated area or in a city that has no police department, on a form as may be required by the Department of Justice. The requirements of subdivisions (a) and (b) are in addition to the requirements of the Sex Offender Registration Act. (c) A first violation of this section is a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000). A second violation of this section is a misdemeanor punishable by imprisonment in a county jail for not more than six months, by a fine not to exceed one thousand dollars ($1,000), or by both that imprisonment and fine. A third or subsequent violation of this section is a misdemeanor punishable by imprisonment in a county jail for not more than one year, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (d) (1) (A) The following information regarding a registered sex offender on campus as to whom information shall not be made available to the public via the Internet Web site as provided in Section 290.46 may be released to members of the campus community by any campus police department or, if the university, college, community college, or other institution of higher learning has no police department, the police department or sheriff’s department with jurisdiction over the campus, and any employees of those agencies, as required by Section 1092(f)(1)(I) of Title 20 of the United States Code: (i) The offender’s full name. (ii) The offender’s known aliases. (iii) The offender’s gender. (iv) The offender’s race. (v) The offender’s physical description. (vi) The offender’s photograph. (vii) The offender’s date of birth. (viii) Crimes resulting in registration under Section 290. (ix) The date of last registration or reregistration. (B) The authority provided in this subdivision is in addition to the authority of a peace officer or law enforcement agency to provide information about a registered sex offender pursuant to Section 290.45, and exists notwithstanding Section 290.021 or any other provision of law. (2) Any law enforcement entity and employees of any law enforcement entity listed in paragraph (1) shall be immune from civil or criminal liability for good faith conduct under this subdivision. (3) Nothing in this subdivision shall be construed to authorize campus police departments or, if the university, college, community college, or other institution has no police department, the police department or sheriff’s department with jurisdiction over the campus, to make disclosures about registrants intended to reach persons beyond the campus community. (4) (A) Before being provided any information by an agency pursuant to this subdivision, a member of the campus community who requests that information shall sign a statement, on a form provided by the Department of Justice, stating that he or she is not a registered sex offender, that he or she understands the purpose of the release of information is to allow members of the campus community to protect themselves and their children from sex offenders, and that he or she understands it is unlawful to use information obtained pursuant to this subdivision to commit a crime against any registrant or to engage in illegal discrimination or harassment of any registrant. The signed statement shall be maintained in a file in the agency’s office for a minimum of five years. (B) An agency disseminating printed information pursuant to this subdivision shall maintain records of the means and dates of dissemination for a minimum of five years. (5) For purposes of this subdivision, “campus community” means those persons present at, and those persons regularly frequenting, any place associated with an institution of higher education, including campuses; administrative and educational offices; laboratories; satellite facilities owned or utilized by the institution for educational instruction, business, or institutional events; and public areas contiguous to any campus or facility that are regularly frequented by students, employees, or volunteers of the campus. (Amended by Stats. 2007, Ch. 579, Sec. 32. Effective October 13, 2007. Note: Sections 290.010 to 290.019 precede this section and follow Section 290.009.)
  166. 290.010.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

    Verify source ↗

    A person who is registering must register in each jurisdiction where they regularly live if they have more than one residence address, and must give the registering authority all residence addresses if they are all in the same jurisdiction.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 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 with the Act in each of the jurisdictions in which he or she regularly resides, regardless of the number of days or nights spent there. If all of the addresses are within the same jurisdiction, the person shall provide the registering authority with all of the addresses where he or she regularly resides. (Added by Stats. 2007, Ch. 579, Sec. 18. Effective October 13, 2007.)
  167. 290.011.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

    Verify source ↗

    Transients who must register under the act have ongoing registration duties, including initial registration, 30-day updates, annual updates, and reporting changes in location.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 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 life as follows: (a) He or she shall register, or reregister if the person has previously registered, within five working days from release from incarceration, placement or commitment, or release on probation, pursuant to subdivision (b) of Section 290, except that if the person previously registered as a transient less than 30 days from the date of his or her release from incarceration, he or she does not need to reregister as a transient until his or her next required 30-day update of registration. If a transient convicted in another jurisdiction enters the state, he or she shall register within five working days of coming into California with the chief of police of the city in which he or she is present or the sheriff of the county if he or she is present in an unincorporated area or city that has no police department. If a transient is not physically present in any one jurisdiction for five consecutive working days, he or she shall register in the jurisdiction in which he or she is physically present on the fifth working day following release, pursuant to subdivision (b) of Section 290. Beginning on or before the 30th day following initial registration upon release, a transient shall reregister no less than once every 30 days thereafter. A transient shall register with the chief of police of the city in which he or she is physically present within that 30-day period, or the sheriff of the county if he or she is physically present in an unincorporated area or city that has no police department, and additionally, with the chief of police of a campus of the University of California, the California State University, or community college if he or she is physically present upon the campus or in any of its facilities. A transient shall reregister no less than once every 30 days regardless of the length of time he or she has been physically present in the particular jurisdiction in which he or she reregisters. If a transient fails to reregister within any 30-day period, he or she may be prosecuted in any jurisdiction in which he or she is physically present. (b) A transient who moves to a residence shall have five working days within which to register at that address, in accordance with subdivision (b) of Section 290. A person registered at a residence address in accordance with that provision who becomes transient shall have five working days within which to reregister as a transient in accordance with subdivision (a). (c) Beginning on his or her first birthday following registration, a transient shall register annually, within five working days of his or her birthday, to update his or her registration with the entities described in subdivision (a). A transient shall register in whichever jurisdiction he or she is physically present on that date. At the 30-day updates and the annual update, a transient shall provide current information as required on the Department of Justice annual update form, including the information described in paragraphs (1) to (3), inclusive, of subdivision (a) of Section 290.015, and the information specified in subdivision (d). (d) A transient shall, upon registration and reregistration, provide current information as required on the Department of Justice registration forms, and shall also list the places where he or she sleeps, eats, works, frequents, and engages in leisure activities. If a transient changes or adds to the places listed on the form during the 30-day period, he or she does not need to report the new place or places until the next required reregistration. (e) Failure to comply with the requirement of reregistering every 30 days following initial registration pursuant to subdivision (a) shall be punished in accordance with subdivision (g) of Section 290.018. Failure to comply with any other requirement of this section shall be punished in accordance with either subdivision (a) or (b) of Section 290.018. (f) A transient who moves out of state shall inform, in person, the chief of police in the city in which he or she is physically present, or the sheriff of the county if he or she is physically present in an unincorporated area or city that has no police department, within five working days, of his or her move out of state. The transient shall inform that registering agency of his or her planned destination, residence or transient location out of state, and any plans he or she has to return to California, if known. The law enforcement agency shall, within three days after receipt of this information, forward a copy of the change of location information to the Department of Justice. The department shall forward appropriate registration data to the law enforcement agency having local jurisdiction of the new place of residence or location. (g) For purposes of the act, “transient” means a person who has no residence. “Residence” means one or more addresses at which a person regularly resides, regardless of the number of days or nights spent there, such as a shelter or structure that can be located by a street address, including, but not limited to, houses, apartment buildings, motels, hotels, homeless shelters, and recreational and other vehicles. (h) The transient registrant’s duty to update his or her registration no less than every 30 days shall begin with his or her second transient update following the date this section became effective. (Amended by Stats. 2010, Ch. 328, Sec. 153. (SB 1330) Effective January 1, 2011.)
  168. 290.012.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

    Verify source ↗

    This section requires certain registrants to update their registration on a schedule, provide current information, and follow special reporting rules for sexually violent predators and transient registrants.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 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 five working days of his or her birthday, to update his or her registration with the entities described in subdivision (b) of Section 290. At the annual update, the person shall provide current information as required on the Department of Justice annual update form, including the information described in paragraphs (1) to (4), inclusive, of subdivision (a) of Section 290.015. The registering agency shall give the registrant a copy of the registration requirements from the Department of Justice form. (b) In addition, every person who has ever been adjudicated a sexually violent predator, as defined in Section 6600 of the Welfare and Institutions Code, shall, after his or her release from custody, verify his or her address no less than once every 90 days and place of employment, including the name and address of the employer, in a manner established by the Department of Justice. Every person who, as a sexually violent predator, is required to verify his or her registration every 90 days, shall be notified wherever he or she next registers of his or her increased registration obligations. This notice shall be provided in writing by the registering agency or agencies. Failure to receive this notice shall be a defense to the penalties prescribed in subdivision (f) of Section 290.018. (c) In addition, every person subject to the Act, while living as a transient in California, shall update his or her registration at least every 30 days, in accordance with Section 290.011. (d) No entity shall require a person to pay a fee to register or update his or her registration pursuant to this section. The registering agency shall submit registrations, including annual updates or changes of address, directly into the Department of Justice California Sex and Arson Registry (CSAR). (Amended by Stats. 2016, Ch. 772, Sec. 2. (SB 448) Effective January 1, 2017. Note: This section was amended on Nov. 6, 2012, by initiative Prop. 35.)
  169. 290.013.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

    Verify source ↗

    Certain registered persons who change address must notify law enforcement within five working days, and related agencies must forward the information on set timelines.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 290.013. (a) A person who was last registered at a residence address pursuant to the Act who changes his or her residence address, whether within the jurisdiction in which he or she is currently registered or to a new jurisdiction inside or outside the state, shall, in person, within five working days of the move, inform the law enforcement agency or agencies with which he or she last registered of the move, the new address or transient location, if known, and any plans he or she has to return to California. (b) If the person does not know the new residence address or location at the time of the move, the registrant shall, in person, within five working days of the move, inform the last registering agency or agencies that he or she is moving. The person shall later notify the last registering agency or agencies, in writing, sent by certified or registered mail, of the new address or location within five working days of moving into the new residence address or location, whether temporary or permanent. (c) The law enforcement agency or agencies shall, within three working days after receipt of this information, forward a copy of the change of address information to the Department of Justice. The Department of Justice shall forward appropriate registration data to the law enforcement agency or agencies having local jurisdiction of the new place of residence. (d) If the person is being admitted to or released from a Department of Corrections and Rehabilitation facility, a county or local custodial facility, or state mental institution, an official of the place of incarceration, placement, or commitment shall, within 15 working days of both receipt and release of the person, forward the registrant’s change of address information to the Department of Justice in a manner prescribed by the department. If the person is being admitted to the facility, the agency need not provide a physical address for the registrant but shall indicate that he or she is serving a period of incarceration or commitment in a facility under the agency’s jurisdiction. This subdivision shall apply to persons received in a department facility, county or local custodial facility, or state mental institution on or after January 1, 1999. The Department of Justice shall forward the change of address information to the agency with which the person last registered. (Amended by Stats. 2018, Ch. 811, Sec. 1. (AB 1994) Effective January 1, 2019.)
  170. 290.014.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    A registered person who changes a name must tell the local law enforcement agency in person within five working days, and the agency must send a copy to the Department of Justice within three working days. If a registered person adds or changes an Internet identifier, written notice must be mailed within 30 working days, and the agency must make the information available to the Department of Justice.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 290.014. (a) 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 or agencies with which he or she is currently registered within five working days. The law enforcement agency or agencies shall forward a copy of this information to the Department of Justice within three working days of its receipt. (b) If any person who is required to register Internet identifiers pursuant to Section 290.024 adds or changes an Internet identifier, as defined in Section 290.024, the person shall send written notice by mail of the addition or change to the law enforcement agency or agencies with which he or she is currently registered within 30 working days of the addition or change. The law enforcement agency or agencies shall make the information available to the Department of Justice. (Amended by Stats. 2016, Ch. 772, Sec. 3. (SB 448) Effective January 1, 2017. Note: This section was amended on Nov. 6, 2012, by initiative Prop. 35.)
  171. 290.015.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    People subject to the Act must register or reregister after release, and law enforcement must send the registration materials to the Department of Justice within three days.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 290.015. (a) A person who is subject to the Act shall register, or reregister if he or she has previously registered, upon release from incarceration, placement, commitment, or release on probation pursuant to subdivision (b) of Section 290. This section shall not apply to a person who is incarcerated for less than 30 days if he or she has registered as required by the Act, he or she returns after incarceration to the last registered address, and the annual update of registration that is required to occur within five working days of his or her birthday, pursuant to subdivision (a) of Section 290.012, did not fall within that incarceration period. The registration shall consist of all of the following: (1) A statement in writing signed by the person, giving information as shall be required by the Department of Justice and giving the name and address of the person’s employer, and the address of the person’s place of employment if that is different from the employer’s main address. (2) The fingerprints and a current photograph of the person taken by the registering official. (3) The license plate number of any vehicle owned by, regularly driven by, or registered in the name of the person. (4) A list of all Internet identifiers actually used by the person, as required by Section 290.024. (5) A statement in writing, signed by the person, acknowledging that the person is required to register and update the information in paragraph (4), as required by this chapter. (6) Notice to the person that, in addition to the requirements of the Act, he or she may have a duty to register in any other state where he or she may relocate. (7) Copies of adequate proof of residence, which shall be limited to a California driver’s license, California identification card, recent rent or utility receipt, printed personalized checks or other recent banking documents showing that person’s name and address, or any other information that the registering official believes is reliable. If the person has no residence and no reasonable expectation of obtaining a residence in the foreseeable future, the person shall so advise the registering official and shall sign a statement provided by the registering official stating that fact. Upon presentation of proof of residence to the registering official or a signed statement that the person has no residence, the person shall be allowed to register. If the person claims that he or she has a residence but does not have any proof of residence, he or she shall be allowed to register but shall furnish proof of residence within 30 days of the date he or she is allowed to register. (b) Within three days thereafter, the registering law enforcement agency or agencies shall forward the statement, fingerprints, photograph, and vehicle license plate number, if any, to the Department of Justice. (c) (1) If a person fails to register in accordance with subdivision (a) after release, the district attorney in the jurisdiction where the person was to be paroled or to be on probation may request that a warrant be issued for the person’s arrest and shall have the authority to prosecute that person pursuant to Section 290.018. (2) If the person was not on parole or probation or on postrelease community supervision or mandatory supervision at the time of release, the district attorney in the following applicable jurisdiction shall have the authority to prosecute that person pursuant to Section 290.018: (A) If the person was previously registered, in the jurisdiction in which the person last registered. (B) If there is no prior registration, but the person indicated on the Department of Justice notice of sex offender registration requirement form where he or she expected to reside, in the jurisdiction where he or she expected to reside. (C) If neither subparagraph (A) nor (B) applies, in the jurisdiction where the offense subjecting the person to registration pursuant to this Act was committed. (Amended (as amended Nov. 6, 2012, by Prop. 35) by Stats. 2016, Ch. 772, Sec. 4. (SB 448) Effective January 1, 2017. Note: This section was amended on Nov. 6, 2012, by initiative Prop. 35.)
  172. 290.016.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    People required to register under the Act must preregister when they are incarcerated, placed, committed, or before probation release, and the preregistering official must send the paperwork to the Department of Justice within three days.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 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 register under the Act shall preregister. The preregistering official shall be the admitting officer at the place of incarceration, placement, or commitment, or the probation officer if the person is to be released on probation. The preregistration shall consist of all of the following: (1) A preregistration statement in writing, signed by the person, giving information that shall be required by the Department of Justice. (2) The fingerprints and a current photograph of the person. (3) Any person who is preregistered pursuant to this subdivision is required to be preregistered only once. (b) Within three days thereafter, the preregistering official shall forward the statement, fingerprints, photograph, and vehicle license plate number, if any, to the Department of Justice. (Added by Stats. 2007, Ch. 579, Sec. 24. Effective October 13, 2007.)
  173. 290.017.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    Officials and courts must tell certain people they have a duty to register, collect their future address and photo, and send the required copies to the Department of Justice and local law enforcement.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 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 was confined, who is required to register pursuant to the Act, shall, prior to discharge, parole, or release, be informed of his or her duty to register under the Act by the official in charge of the place of confinement or hospital, and the official shall require the person to read and sign any form that may be required by the Department of Justice, stating that the duty of the person to register under the Act has been explained to the person. The official in charge of the place of confinement or hospital shall obtain the address where the person expects to reside upon his or her discharge, parole, or release and shall report the address to the Department of Justice. The official shall at the same time forward a current photograph of the person to the Department of Justice. (b) The official in charge of the place of confinement or hospital shall give one copy of the form to the person and shall send one copy to the Department of Justice and one copy to the appropriate law enforcement agency or agencies having jurisdiction over the place the person expects to reside upon discharge, parole, or release. If the conviction that makes the person subject to the Act is a felony conviction, the official in charge shall, not later than 45 days prior to the scheduled release of the person, send one copy to the appropriate law enforcement agency or agencies having local jurisdiction where the person expects to reside upon discharge, parole, or release; one copy to the prosecuting agency that prosecuted the person; and one copy to the Department of Justice. The official in charge of the place of confinement or hospital shall retain one copy. (c) Any person who is required to register pursuant to the Act and who is released on probation, shall, prior to release or discharge, be informed of the duty to register under the Act by the probation department, and a probation officer shall require the person to read and sign any form that may be required by the Department of Justice, stating that the duty of the person to register has been explained to him or her. The probation officer shall obtain the address where the person expects to reside upon release or discharge and shall report within three days the address to the Department of Justice. The probation officer shall give one copy of the form to the person, send one copy to the Department of Justice, and forward one copy to the appropriate law enforcement agency or agencies having local jurisdiction where the person expects to reside upon his or her discharge, parole, or release. (d) Any person who is required to register pursuant to the Act and who is granted conditional release without supervised probation, or discharged upon payment of a fine, shall, prior to release or discharge, be informed of the duty to register under the Act in open court by the court in which the person has been convicted, and the court shall require the person to read and sign any form that may be required by the Department of Justice, stating that the duty of the person to register has been explained to him or her. If the court finds that it is in the interest of the efficiency of the court, the court may assign the bailiff to require the person to read and sign forms under the Act. The court shall obtain the address where the person expects to reside upon release or discharge and shall report within three days the address to the Department of Justice. The court shall give one copy of the form to the person, send one copy to the Department of Justice, and forward one copy to the appropriate law enforcement agency or agencies having local jurisdiction where the person expects to reside upon his or her discharge, parole, or release. (Added by Stats. 2007, Ch. 579, Sec. 25. Effective October 13, 2007.)
  174. 290.018.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    This section sets criminal penalties for registered persons who willfully fail to comply with sex-offender registration requirements.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 290.018. (a) A person who is required to register under the Act based on a misdemeanor conviction or juvenile adjudication who willfully violates any requirement of the act is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding one year. (b) Except as provided in subdivisions (f), (h), (i), and (k), a person who is required to register under the act based on a felony conviction or juvenile adjudication who willfully violates any requirement of the act or who has a prior conviction or juvenile adjudication for the offense of failing to register under the act and who subsequently and willfully violates any requirement of the act is guilty of a felony and shall be punished by imprisonment in the state prison for 16 months, or two or three years. (c) If probation is granted or if the imposition or execution of sentence is suspended, it shall be a condition of the probation or suspension that the person serve at least 90 days in a county jail. The penalty described in subdivision (b) or this subdivision shall apply whether or not the person has been released on parole or has been discharged from parole. (d) A person determined to be a mentally disordered sex offender or who has been found guilty in the guilt phase of trial for an offense for which registration is required under the act, but who has been found not guilty by reason of insanity in the sanity phase of the trial, or who has had a petition sustained in a juvenile adjudication for an offense for which registration is required pursuant to Section 290.008, but who has been found not guilty by reason of insanity, who willfully violates any requirement of the act is guilty of a misdemeanor and shall be punished by imprisonment in a county jail not exceeding one year. For any second or subsequent willful violation of any requirement of the act, the person is guilty of a felony and shall be punished by imprisonment in the state prison for 16 months, or two or three years. (e) If, after discharge from parole, the person is convicted of a felony or suffers a juvenile adjudication as specified in this act, he or she shall be required to complete parole of at least one year, in addition to any other punishment imposed under this section. A person convicted of a felony as specified in this section may be granted probation only in the unusual case where the interests of justice would best be served. When probation is granted under this act, the court shall specify on the record and shall enter into the minutes the circumstances indicating that the interests of justice would best be served by the disposition. (f) A person who has ever been adjudicated a sexually violent predator, as defined in Section 6600 of the Welfare and Institutions Code, and who fails to verify his or her registration every 90 days as required pursuant to subdivision (b) of Section 290.012, shall be punished by imprisonment in the state prison or in a county jail not exceeding one year. (g) Except as otherwise provided in subdivision (f), a person who is required to register or reregister pursuant to Section 290.011 and willfully fails to comply with the requirement that he or she reregister no less than every 30 days is guilty of a misdemeanor and shall be punished by imprisonment in a county jail for at least 30 days, but not exceeding six months. A person who willfully fails to comply with the requirement that he or she reregister no less than every 30 days shall not be charged with this violation more often than once for a failure to register in any period of 90 days. A person who willfully commits a third or subsequent violation of the requirements of Section 290.011 that he or she reregister no less than every 30 days shall be punished in accordance with either subdivision (a) or (b). (h) A person who fails to provide proof of residence as required by paragraph (7) of subdivision (a) of Section 290.015, regardless of the offense upon which the duty to register is based, is guilty of a misdemeanor punishable by imprisonment in a county jail not exceeding six months. (i) A person who fails to provide his or her Internet identifiers, as required by paragraph (4) of subdivision (a) of Section 290.015, regardless of the offense upon which the duty to register is based, is guilty of a misdemeanor punishable in a county jail not exceeding six months. (j) A person who is required to register under the act who willfully violates any requirement of the act is guilty of a continuing offense as to each requirement he or she violated. (k) In addition to any other penalty imposed under this section, the failure to provide information required on registration and reregistration forms of the Department of Justice, or the provision of false information, is a crime punishable by imprisonment in a county jail for a period not exceeding one year. This subdivision shall not be construed to limit or prevent prosecution under any applicable law. (l) Whenever a person is released on parole or probation and is required to register under the act but fails to do so within the time prescribed, the parole authority or the court, as the case may be, shall order the parole or probation of the person revoked. For purposes of this subdivision, “parole authority” has the same meaning as described in Section 3000. (Amended by Stats. 2016, Ch. 772, Sec. 6. (SB 448) Effective January 1, 2017.)
  175. 290.019.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    Some people convicted before January 1, 1976, for certain decriminalized consensual adult conduct do not have to register for that conviction, and the Department of Justice must remove them from the sex offender registry if they qualify.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 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 former Section 288a, shall not be required to register pursuant to the Act for that conviction if the conviction was for conduct between consenting adults that was decriminalized by Chapter 71 of the Statutes of 1975 or Chapter 1139 of the Statutes of 1976. The Department of Justice shall remove that person from the California Sex Offender Registry, and the person is discharged from the person’s duty to register pursuant to either of the following procedures: (1) The person submits to the Department of Justice official documentary evidence, including court records or police reports, that demonstrate that the person’s conviction pursuant to either of those sections was for conduct between consenting adults that was decriminalized. (2) The person submits to the department a declaration stating that the person’s conviction pursuant to either of those sections was for consensual conduct between adults that has been decriminalized. The declaration shall be confidential and not a public record, and shall include the person’s name, address, telephone number, date of birth, and a summary of the circumstances leading to the conviction, including the date of the conviction and county of the occurrence. (b) The department shall determine whether the person’s conviction was for conduct between consensual adults that has been decriminalized. If the conviction was for consensual conduct between adults that has been decriminalized, and the person has no other offenses for which the person is required to register pursuant to the Act, the department shall, within 60 days of receipt of those documents, notify the person that the person is relieved of the duty to register, and shall notify the local law enforcement agency with which the person is registered that the person has been relieved of the duty to register. The local law enforcement agency shall remove the person’s registration from its files within 30 days of receipt of notification. If the documentary or other evidence submitted is insufficient to establish the person’s claim, the department shall, within 60 days of receipt of those documents, notify the person that the person’s claim cannot be established, and that the person shall continue to register pursuant to the Act. The department shall provide, upon the person’s request, any information relied upon by the department in making its determination that the person shall continue to register pursuant to the Act. Any person whose claim has been denied by the department pursuant to this subdivision may petition the court to appeal the department’s denial of the person’s claim. (Amended by Stats. 2019, Ch. 497, Sec. 193. (AB 991) Effective January 1, 2020.)
  176. 290.02.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    The Department of Justice must share certain registered sex-offender identification information with specified state entities, those entities must use it only for the stated public-safety purpose, and disclosure for other purposes is prohibited.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 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 list of persons provided by the requesting agency, and provide those names and other information necessary to verify proper identification, to any state governmental entity responsible for authorizing or providing publicly funded prescription drugs or other therapies to treat erectile dysfunction of those persons. State governmental entities shall use information received pursuant to this section to protect public safety by preventing the use of prescription drugs or other therapies to treat erectile dysfunction by convicted sex offenders. (b) Use or disclosure of the information disclosed pursuant to this section is prohibited for any purpose other than that authorized by this section or Section 14133.225 of the Welfare and Institutions Code. The Department of Justice may establish a fee for requests, including all actual and reasonable costs associated with the service. (c) Notwithstanding any other provision of law, any state governmental entity that is responsible for authorizing or providing publicly funded prescription drugs or other therapies to treat erectile dysfunction may use the sex offender database authorized by Section 290.46 to protect public safety by preventing the use of those drugs or therapies for convicted sex offenders. (Added by Stats. 2005, Ch. 469, Sec. 2. Effective October 4, 2005. Note: Sections 290.020 to 290.024 precede Section 290.01 and follow Section 290.019.)
  177. 290.020.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    When a registrable felony offender is temporarily sent out of confinement for an assignment, the local law enforcement agency for the assignment area must be notified in reasonable time before removal.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 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 institution where he or she is confined on any assignment within a city or county including firefighting, disaster control, or of whatever nature the assignment may be, the local law enforcement agency having jurisdiction over the place or places where the assignment shall occur shall be notified within a reasonable time prior to removal from the institution. This section shall not apply to any person who is temporarily released under guard from the institution where he or she is confined. (Added by Stats. 2007, Ch. 579, Sec. 28. Effective October 13, 2007.)
  178. 290.021.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

    Verify source ↗

    Statements, photographs, and fingerprints required by the Act are not open to public inspection, except as otherwise provided by law.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 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 or by any person other than a regularly employed peace officer or other law enforcement officer. (Added by Stats. 2007, Ch. 579, Sec. 29. Effective October 13, 2007.)
  179. 290.022.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

    Verify source ↗

    The Department of Justice must renovate the VCIN by July 1, 2010.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 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 data integrity and include designated data fields for all mandated sex offender data. (2) Consolidate and simplify program logic, thereby increasing system performance and reducing system maintenance costs. (3) Provide all necessary data storage, processing, and search capabilities. (4) Provide law enforcement agencies with full Internet access to all sex offender data and photos. (5) Incorporate a flexible design structure to readily meet future demands for enhanced system functionality, including public Internet access to sex offender information pursuant to Section 290.46. (Added by Stats. 2007, Ch. 579, Sec. 30. Effective October 13, 2007.)
  180. 290.023.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    The Act’s registration provisions apply to covered persons and covered offenses regardless of when the crime, offense, or duty to register arose.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 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 committed or his or her duty to register pursuant to the Act arose, and to every offense described in the Act, regardless of when it was committed. (Added by Stats. 2007, Ch. 579, Sec. 31. Effective October 13, 2007.)
  181. 290.024.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    Some convicted felons must register their Internet identifiers if the sentencing court finds one of the listed internet-related circumstances.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 290.024. For purposes of this chapter: (a) A person who is convicted of a felony on or after January 1, 2017, requiring registration pursuant to the Act, shall register his or her Internet identifiers if a court determines at the time of sentencing that any of the following apply: (1) The person used the Internet to collect any private information to identify the victim of the crime to further the commission of the crime. (2) The person was convicted of a felony pursuant to subdivision (b) or (c) of Section 236.1 and used the Internet to traffic the victim of the crime. (3) The person was convicted of a felony pursuant to Chapter 7.5 (commencing with Section 311) and used the Internet to prepare, publish, distribute, send, exchange, or download the obscene matter or matter depicting a minor engaging in sexual conduct, as defined in subdivision (d) of Section 311.4. (b) For purposes of this chapter: (1) “Internet identifier” means any electronic mail address or user name used for instant messaging or social networking that is actually used for direct communication between users on the Internet in a manner that makes the communication not accessible to the general public. “Internet identifier” does not include Internet passwords, date of birth, social security number, or PIN number. (2) “Private information” means any information that identifies or describes an individual, including, but not limited to, his or her name; electronic mail, chat, instant messenger, social networking, or similar name used for Internet communication; social security number; account numbers; passwords; personal identification numbers; physical description; physical location; home address; home telephone number; education; financial matters; medical or employment history; and statements made by, or attributed to, the individual. (Amended by Stats. 2016, Ch. 772, Sec. 7. (SB 448) Effective January 1, 2017. Note: This section was amended on Nov. 6, 2012, by initiative Prop. 35.)
  182. 290.03.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    The Legislature states that California uses a statewide system to identify, assess, monitor, and contain known sex offenders to reduce recidivism and protect the public.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 290.03. (a) The Legislature finds and declares that a comprehensive system of risk assessment, supervision, monitoring and containment for registered sex offenders residing in California communities is necessary to enhance public safety and reduce the risk of recidivism posed by these offenders. The Legislature further affirms and incorporates the following findings and declarations, previously reflected in its enactment of “Megan’s Law”: (1) Sex offenders pose a potentially high risk of committing further sex offenses after release from incarceration or commitment, and the protection of the public from reoffending by these offenders is a paramount public interest. (2) It is a compelling and necessary public interest that the public have information concerning persons convicted of offenses involving unlawful sexual behavior collected pursuant to Sections 290 and 290.4 to allow members of the public to adequately protect themselves and their children from these persons. (3) Persons convicted of these offenses involving unlawful sexual behavior have a reduced expectation of privacy because of the public’s interest in public safety. (4) In balancing the offenders’ due process and other rights against the interests of public security, the Legislature finds that releasing information about sex offenders under the circumstances specified in the Sex Offender Punishment, Control, and Containment Act of 2006 will further the primary government interest of protecting vulnerable populations from potential harm. (5) The registration of sex offenders, the public release of specified information about certain sex offenders pursuant to Sections 290 and 290.4, and public notice of the presence of certain high risk sex offenders in communities will further the governmental interests of public safety and public scrutiny of the criminal and mental health systems that deal with these offenders. (6) To protect the safety and general welfare of the people of this state, it is necessary to provide for continued registration of sex offenders, for the public release of specified information regarding certain more serious sex offenders, and for community notification regarding high risk sex offenders who are about to be released from custody or who already reside in communities in this state. This policy of authorizing the release of necessary and relevant information about serious and high risk sex offenders to members of the general public is a means of assuring public protection and shall not be construed as punitive. (7) The Legislature also declares, however, that in making information available about certain sex offenders to the public, it does not intend that the information be used to inflict retribution or additional punishment on any person convicted of a sex offense. While the Legislature is aware of the possibility of misuse, it finds that the dangers to the public of nondisclosure far outweigh the risk of possible misuse of the information. The Legislature is further aware of studies in Oregon and Washington indicating that community notification laws and public release of similar information in those states have resulted in little criminal misuse of the information and that the enhancement to public safety has been significant. (b) In enacting the Sex Offender Punishment, Control, and Containment Act of 2006, the Legislature hereby creates a standardized, statewide system to identify, assess, monitor and contain known sex offenders for the purpose of reducing the risk of recidivism posed by these offenders, thereby protecting victims and potential victims from future harm. (Added by Stats. 2006, Ch. 337, Sec. 12. Effective September 20, 2006.)
  183. 290.04.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    This section creates the SARATSO sex-offender risk assessment system, requires registered sex offenders to be assessed with it, and assigns the SARATSO Review Committee to select, review, and update the tools used.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 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 population, as the State-Authorized Risk Assessment Tool for Sex Offenders (SARATSO). If a SARATSO has not been selected for a given population pursuant to this section, no duty to administer the SARATSO elsewhere in this code shall apply with respect to that population. Every person required to register as a sex offender shall be subject to assessment with the SARATSO as set forth in this section and elsewhere in this code. (2) A representative of the Department of Corrections and Rehabilitation, in consultation with a representative of the State Department of State Hospitals and a representative of the Attorney General’s office, shall comprise the SARATSO Review Committee. The purpose of the committee, which shall be staffed by the Department of Corrections and Rehabilitation, shall be to ensure that the SARATSO reflects the most reliable, objective, and well-established protocols for predicting sex offender risk of recidivism, has been scientifically validated and cross validated, and is, or is reasonably likely to be, widely accepted by the courts. The committee shall consult with experts in the fields of risk assessment and the use of actuarial instruments in predicting sex offender risk, sex offending, sex offender treatment, mental health, and law, as it deems appropriate. (b) (1) Commencing January 1, 2007, the SARATSO for adult males required to register as sex offenders shall be the STATIC-99 risk assessment scale, which shall be the SARATSO static tool for adult males. (2) The SARATSO Review Committee shall determine whether the STATIC-99 should be supplemented with an empirically derived instrument that measures dynamic risk factors or whether the STATIC-99 should be replaced as the SARATSO with a different risk assessment tool. The SARATSO Review Committee shall select an empirically derived instrument that measures dynamic risk factors and an empirically derived instrument that measures risk of future violence. The selected instruments shall be the SARATSO dynamic tool for adult males and the SARATSO future violence tool for adult males. If the committee unanimously agrees on changes to be made to a designated SARATSO, it shall advise the Governor and the Legislature of the changes, and the Department of Corrections and Rehabilitation shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for adult males. (c) On or before July 1, 2007, the SARATSO Review Committee shall research risk assessment tools for adult females required to register as sex offenders. If the committee unanimously agrees on an appropriate risk assessment tool to be used to assess this population, it shall advise the Governor and the Legislature of the selected tool, and the State Department of Mental Health shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for adult females. (d) On or before July 1, 2007, the SARATSO Review Committee shall research risk assessment tools for male juveniles required to register as sex offenders. If the committee unanimously agrees on an appropriate risk assessment tool to be used to assess this population, it shall advise the Governor and the Legislature of the selected tool, and the State Department of Mental Health shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for male juveniles. (e) On or before July 1, 2007, the SARATSO Review Committee shall research risk assessment tools for female juveniles required to register as sex offenders. If the committee unanimously agrees on an appropriate risk assessment tool to be used to assess this population, it shall advise the Governor and the Legislature of the selected tool, and the State Department of Mental Health shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for female juveniles. (f) The committee shall periodically evaluate the SARATSO static, dynamic, and risk of future violence tools for each specified population. If the committee unanimously agrees on a change to the SARATSO for any population, it shall advise the Governor and the Legislature of the selected tool, and the Department of Corrections and Rehabilitation shall post the decision on its Internet Web site. Sixty days after the decision is posted, the selected tool shall become the SARATSO for that population. (g) The committee shall perform other functions consistent with the provisions of this act or as may be otherwise required by law, including, but not limited to, defining tiers of risk based on the SARATSO. The committee shall be immune from liability for good faith conduct under this act. (Amended by Stats. 2012, Ch. 24, Sec. 15. (AB 1470) Effective June 27, 2012.)
  184. 290.05.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    This section assigns SARATSO training responsibilities, requires periodic training for static SARATSO administrators, and limits static SARATSO performance to trained persons.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 290.05. (a) The SARATSO Training Committee shall be comprised of a representative of the State Department of State Hospitals, a representative of the Department of Corrections and Rehabilitation, a representative of the Attorney General’s Office, and a representative of the Chief Probation Officers of California. (b) On or before January 1, 2008, the SARATSO Training Committee, in consultation with the Corrections Standards Authority and the Commission on Peace Officer Standards and Training, shall develop a training program for persons authorized by this code to administer the static SARATSO, as set forth in Section 290.04. (c) (1) The Department of Corrections and Rehabilitation shall be responsible for overseeing the training of persons who will administer the static SARATSO pursuant to paragraph (1) or (2) of subdivision (a) of Section 290.06. (2) The State Department of State Hospitals shall be responsible for overseeing the training of persons who will administer the static SARATSO pursuant to paragraph (3) of subdivision (a) of Section 290.06. (3) The Correction Standards Authority shall be responsible for developing standards for the training of persons who will administer the static SARATSO pursuant to paragraph (5) or (6) of subdivision (a) of Section 290.06. (4) The Commission on Peace Officer Standards and Training shall be responsible for developing standards for the training of persons who will administer the static SARATSO pursuant to subdivision (b) of Section 290.06. (d) The training shall be conducted by experts in the field of risk assessment and the use of actuarial instruments in predicting sex offender risk. Subject to requirements established by the committee, the Department of Corrections and Rehabilitation, the State Department of State Hospitals, probation departments, and authorized local law enforcement agencies shall designate key persons within their organizations to attend training and, as authorized by the department, to train others within their organizations designated to perform risk assessments as required or authorized by law. Any person who administers the static SARATSO shall receive training no less frequently than every two years. (e) If the agency responsible for scoring the static SARATSO believes an individual score does not represent the person’s true risk level, based on factors in the offender’s record, the agency may submit the case to the experts retained by the SARATSO Review Committee to monitor the scoring of the SARATSO. Those experts shall be guided by empirical research in determining whether to raise or lower the risk level. Agencies that score the static SARATSO shall develop a protocol for submission of risk level override requests to the experts retained in accordance with this subdivision. (f) The static SARATSO may be performed for purposes authorized by statute only by persons trained pursuant to this section. Persons who administer the dynamic SARATSO and the future violence SARATSO shall be trained to administer the dynamic and future violence SARATSO tools as required in Section 290.09. Probation officers or parole agents may be trained by SARATSO experts on the dynamic SARATSO tool and perform assessments on that tool only if authorized by the SARATSO Training Committee to do so after successful completion of training. (Amended by Stats. 2012, Ch. 24, Sec. 16. (AB 1470) Effective June 27, 2012.)
  185. 290.06.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    This section requires several agencies to assess eligible sex offender registrants and related offenders at specified times, record scores, and send certain scores to the Department of Justice; a person who requests an assessment must pay a fee.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 290.06. The static SARATSO, as set forth in Section 290.04, shall be administered as follows: (a) (1) The Department of Corrections and Rehabilitation shall assess every eligible person who is incarcerated in state prison. Whenever possible, the assessment shall take place at least four months, but no sooner than 10 months, prior to release from incarceration. (2) The department shall assess every eligible person who is on parole if the person was not assessed prior to release from state prison. Whenever possible, the assessment shall take place at least four months, but no sooner than 10 months, prior to termination of parole. The department shall record in a database the risk assessment scores of persons assessed pursuant to this paragraph and paragraph (1), and any risk assessment score that was submitted to the department by a probation officer pursuant to Section 1203. (3) The department shall assess every person on parole transferred from any other state or by the federal government to this state who has been, or is hereafter convicted in any other court, including any state, federal, or military court, of any offense that, if committed or attempted in this state, would have been punishable as one or more of the offenses described in subdivision (c) of Section 290. The assessment required by this paragraph shall occur no later than 60 days after a determination by the Department of Justice that the person is required to register as a sex offender in California pursuant to Section 290.005. (4) The State Department of State Hospitals shall assess every eligible person who is committed to that department. Whenever possible, the assessment shall take place at least four months, but no sooner than 10 months, prior to release from commitment. The State Department of State Hospitals shall record in a database the risk assessment scores of persons assessed pursuant to this paragraph and any risk assessment score that was submitted to the department by a probation officer pursuant to Section 1203. (5) Commencing January 1, 2010, the Department of Corrections and Rehabilitation and the State Department of State Hospitals shall send the scores obtained in accordance with paragraphs (2), (3), and (4) to the Department of Justice not later than 30 days after the date of the assessment. The risk assessment score of an offender shall be made part of his or her file maintained by the Department of Justice as soon as possible without financial impact, but no later than January 1, 2012. (6) Each probation department shall, prior to sentencing, assess every eligible person as defined in subdivision (c), whether or not a report is prepared pursuant to Section 1203. (7) Each probation department shall assess every eligible person under its supervision who was not assessed pursuant to paragraph (6). The assessment shall take place prior to the termination of probation, but no later than January 1, 2010. (b) Eligible persons not assessed pursuant to subdivision (a) may be assessed as follows: (1) Upon request of the law enforcement agency in the jurisdiction in which the person is registered pursuant to Sections 290 to 290.023, inclusive, the person shall be assessed. The law enforcement agency may enter into a memorandum of understanding with a probation department to perform the assessment. In the alternative, the law enforcement agency may arrange to have personnel trained to perform the risk assessment in accordance with subdivision (d) of Section 290.05. (2) Eligible persons not assessed pursuant to subdivision (a) may request that a risk assessment be performed. A request form shall be available at registering law enforcement agencies. The person requesting the assessment shall pay a fee for the assessment that shall be sufficient to cover the cost of the assessment. The risk assessment so requested shall be performed either by the probation department, if a memorandum of understanding is established between the law enforcement agency and the probation department, or by personnel who have been trained to perform risk assessment in accordance with subdivision (d) of Section 290.05. (c) For purposes of this section, “eligible person” means a person who was convicted of an offense that requires him or her to register as a sex offender pursuant to the Sex Offender Registration Act and who is eligible for assessment, pursuant to the official Coding Rules designated for use with the risk assessment instrument by the author of any risk assessment instrument (SARATSO) selected by the SARATSO Review Committee. (d) Persons authorized to perform risk assessments pursuant to this section, Section 1203, and Section 706 of the Welfare and Institutions Code shall be immune from liability for good faith conduct under this act. (Amended by Stats. 2016, Ch. 59, Sec. 1. (SB 1474) Effective January 1, 2017.)
  186. 290.07.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    Certain trained SARATSO-related persons may access relevant records about registered sex offenders, and those records are not subject to the California Public Records Act.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 290.07. Notwithstanding any other provision of law, a person authorized by statute to administer the State Authorized Risk Assessment Tool for Sex Offenders (SARATSO) and trained pursuant to Section 290.06 or 290.09, and a person acting under authority from the SARATSO Review Committee as an expert to train, monitor, or review scoring by persons who administer the SARATSO pursuant to Section 290.05 or 1203 of this code or Section 706 of the Welfare and Institutions Code, shall be granted access to all relevant records pertaining to a registered sex offender, including, but not limited to, criminal histories, sex offender registration records, police reports, probation and presentencing reports, judicial records and case files, juvenile records, psychological evaluations and psychiatric hospital reports, sexually violent predator treatment program reports, and records that have been sealed by the courts or the Department of Justice. Records and information obtained under this section shall not be subject to the California Public Records Act, Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code. (Amended by Stats. 2021, Ch. 615, Sec. 332. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  187. 290.08.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    District attorney’s offices and the Department of Justice must keep certain Section 290-related conviction records for 75 years after case disposition.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 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 registration is required pursuant to Section 290 for a period of 75 years after disposition of the case. (Added by Stats. 2006, Ch. 337, Sec. 17. Effective September 20, 2006.)
  188. 290.09.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    This section requires registered sex offenders on parole or formal probation to take part in an approved sex offender management program, and it sets certification, assessment, reporting, and training rules for program professionals and agencies.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 290.09. On or before July 2012, the SARATSO dynamic tool and the SARATSO future violence tool, as set forth in Section 290.04, shall be administered as follows: (a) (1) Every sex offender required to register pursuant to Sections 290 to 290.023, inclusive, shall, while on parole or formal probation, participate in an approved sex offender management program pursuant to Sections 1203.067 and 3008. (2) The sex offender management program shall meet the certification requirements developed by the California Sex Offender Management Board pursuant to Section 9003. Probation departments and the Department of Corrections and Rehabilitation shall not employ or contract with, and shall not allow a sex offender to employ or contract with, an individual or entity to provide sex offender evaluation or treatment services pursuant to this section unless the sex offender evaluation or treatment services to be provided by the individual or entity conform with the standards developed pursuant to Section 9003. (b) (1) The sex offender management professionals certified by the California Sex Offender Management Board in accordance with Section 9003 who provide sex offender management programs for a probation department or the Department of Corrections and Rehabilitation shall assess each registered sex offender on formal probation or parole using the SARATSO dynamic tool when a dynamic risk factor changes and shall do a final dynamic assessment within six months of the offender’s release from supervision. The management professional shall also assess the sex offenders in the program with the SARATSO future violence tool. (2) The certified sex offender management professional shall, as soon as possible but not later than 30 days after the assessment, provide the person’s score on the SARATSO dynamic tool and the future violence tool to the person’s parole agent or probation officer. Within 30 days of the assessment, a certified sex offender management professional shall send the score to the Department of Justice using the dynamic and violence risk assessment tool database used by SARATSO. The score shall be accessible to law enforcement through the Department of Justice’s internet website for the California Sex and Arson Registry (CSAR). (c) The certified sex offender management professional shall communicate with the offender’s probation officer or parole agent on a regular basis, but at least once a month, about the offender’s progress in the program and dynamic risk assessment issues and shall share pertinent information with the certified polygraph examiner as required. (d) The SARATSO Training Committee shall provide annual training on the SARATSO dynamic tool and the SARATSO future violence tool. Certified sex offender management professionals shall attend this training once to obtain authorization to perform the assessments and thereafter attend training updates as required by the SARATSO Training Committee. If a sex offender management professional is certified pursuant to Section 9003 to conduct an approved sex offender management program prior to attending SARATSO training on the dynamic and violent risk assessment tools, they shall present to the SARATSO Training Committee proof of training on these tools from a risk assessment expert approved by the SARATSO Training Committee. (Amended by Stats. 2024, Ch. 191, Sec. 1. (SB 1473) Effective January 1, 2025.)
  189. 290.3.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    People convicted of certain Section 290 offenses must pay a $300 fine for a first conviction and $500 for later convictions, unless the court finds they cannot pay. The section also directs monthly transfers of collected fines through the county treasurer and Controller into specific funds.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 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, imposed for commission of the underlying offense, be punished by a fine of three hundred dollars ($300) upon the first conviction or a fine of five hundred dollars ($500) upon the second and each subsequent conviction, unless the court determines that the defendant does not have the ability to pay the fine. An amount equal to all fines collected pursuant to this subdivision during the preceding month upon conviction of, or upon the forfeiture of bail by, any person arrested for, or convicted of, committing an offense specified in subdivision (c) of Section 290, shall be transferred once a month by the county treasurer to the Controller for deposit in the General Fund. Moneys deposited in the General Fund pursuant to this subdivision shall be transferred by the Controller as provided in subdivision (b). (b) Except as provided in subdivision (d), out of the moneys deposited pursuant to subdivision (a) as a result of second and subsequent convictions of Section 290, one-third shall first be transferred to the Department of Justice Sexual Habitual Offender Fund, as provided in paragraph (1) of this subdivision. Out of the remainder of all moneys deposited pursuant to subdivision (a), 50 percent shall be transferred to the Department of Justice Sexual Habitual Offender Fund, as provided in paragraph (1), 25 percent shall be transferred to the DNA Identification Fund, as established by Section 76104.6 of the Government Code, and 25 percent shall be allocated equally to counties that maintain a local DNA testing laboratory, as provided in paragraph (2). (1) Those moneys so designated shall be transferred to the Department of Justice Sexual Habitual Offender Fund created pursuant to paragraph (5) of subdivision (b) of Section 11170 and, when appropriated by the Legislature, shall be used for the purposes of Chapter 9.5 (commencing with Section 13885) and Chapter 10 (commencing with Section 13890) of Title 6 of Part 4 for the purpose of monitoring, apprehending, and prosecuting sexual habitual offenders. (2) Those moneys so designated shall be allocated equally and distributed quarterly to counties that maintain a local DNA testing laboratory. Before making any allocations under this paragraph, the Controller shall deduct the estimated costs that will be incurred to set up and administer the payment of these funds to the counties. Any funds allocated to a county pursuant to this paragraph shall be used by that county for the exclusive purpose of testing DNA samples for law enforcement purposes. (c) Notwithstanding any other provision of this section, the Department of Corrections and Rehabilitation may collect a fine imposed pursuant to this section from a person convicted of a violation of any offense listed in subdivision (c) of Section 290, that results in incarceration in a facility under the jurisdiction of the Department of Corrections and Rehabilitation. All moneys collected by the Department of Corrections and Rehabilitation under this subdivision shall be transferred, once a month, to the Controller for deposit in the General Fund, as provided in subdivision (a), for transfer by the Controller, as provided in subdivision (b). (d) An amount equal to one-third of every first conviction fine collected and one-fifth of every second conviction fine collected pursuant to subdivision (a) shall be transferred to the Department of Corrections and Rehabilitation to help defray the cost of the global positioning system used to monitor sex offender parolees. (Amended by Stats. 2008, Ch. 699, Sec. 9. Effective January 1, 2009. Note: This section was amended on Nov. 7, 2006, by initiative Prop. 83.)
  190. 290.4.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    The Department of Justice must run a public inquiry service, may charge a fee, and people may use disclosed information only to protect a person at risk.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 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 Department of Justice and inquire whether any of those persons is required to register as a sex offender and is subject to public notification. The Department of Justice shall respond with information on any person as to whom information may be available to the public via the Internet Web site as provided in Section 290.46, to the extent that information may be disclosed pursuant to Section 290.46. The Department of Justice may establish a fee for requests, including all actual and reasonable costs associated with the service. (b) The income from the operation of the service specified in subdivision (a) shall be deposited in the Sexual Predator Public Information Account within the Department of Justice for the purpose of the implementation of this section by the Department of Justice. The moneys in the account shall consist of income from the operation of the service authorized by subdivision (a), and any other funds made available to the account by the Legislature. Moneys in the account shall be available to the Department of Justice upon appropriation by the Legislature for the purpose specified in subdivision (a). (c) (1) Any person who uses information disclosed pursuant to this section to commit a felony shall be punished, in addition and consecutive to, any other punishment, by a five-year term of imprisonment pursuant to subdivision (h) of Section 1170. (2) Any person who, without authorization, uses information disclosed pursuant to this section to commit a misdemeanor shall be subject to, in addition to any other penalty or fine imposed, a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000). (d) (1) A person is authorized to use information disclosed pursuant to this section only to protect a person at risk. (2) Except as authorized under paragraph (1) or any other provision of law, use of any information that is disclosed pursuant to this section for purposes relating to any of the following is prohibited: (A) Health insurance. (B) Insurance. (C) Loans. (D) Credit. (E) Employment. (F) Education, scholarships, or fellowships. (G) Housing or accommodations. (H) Benefits, privileges, or services provided by any business establishment. (3) This section shall not affect authorized access to, or use of, information pursuant to, among other provisions, Sections 11105 and 11105.3 of this code, Section 226.55 of the Civil Code, Sections 777.5 and 14409.2 of the Financial Code, Sections 1522.01 and 1596.871 of the Health and Safety Code, and Section 432.7 of the Labor Code. (4) (A) Any use of information disclosed pursuant to this section for purposes other than those provided by paragraph (1) or in violation of paragraph (2) shall make the user liable for the actual damages, and any amount that may be determined by a jury or a court sitting without a jury, not exceeding three times the amount of actual damage, and not less than two hundred fifty dollars ($250), and attorney’s fees, exemplary damages, or a civil penalty not exceeding twenty-five thousand dollars ($25,000). (B) Whenever there is reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of misuse of the service specified in subdivision (a), in violation of paragraph (2), the Attorney General, any district attorney, or city attorney, or any person aggrieved by the misuse of the service is authorized to bring a civil action in the appropriate court requesting preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or group of persons responsible for the pattern or practice of misuse. The foregoing remedies shall be independent of any other remedies or procedures that may be available to an aggrieved party under other provisions of law, including Part 2 (commencing with Section 43) of Division 1 of the Civil Code. (e) The Department of Justice and its employees shall be immune from liability for good faith conduct under this section. (f) The public notification provisions of this section are applicable to every person described in subdivision (a), without regard to when his or her crimes were committed or his or her duty to register pursuant to Section 290 arose, and to every offense subject to public notification pursuant to Section 290.46, regardless of when it was committed. (Amended by Stats. 2011, Ch. 15, Sec. 319. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
  191. 290.45.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    Designated law enforcement entities may release sex-offender registration information to the public when needed for public safety, but must give a purpose statement and must not post identifying information online except under stated exceptions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 290.45. (a) (1) Notwithstanding any other law, and except as provided in paragraph (2), any designated law enforcement entity may provide information to the public about a person required to register as a sex offender pursuant to Section 290, by whatever means the entity deems appropriate, when necessary to ensure the public safety based upon information available to the entity concerning that specific person’s current risk of sexual or violent reoffense, including, but not limited to, the person’s static, dynamic, and violence risk levels on the SARATSO risk tools described in subdivision (f) of Section 290.04. (2) The law enforcement entity shall include, with the disclosure, a statement that the purpose of the release of information is to allow members of the public to protect themselves and their children from sex offenders. (3) Community notification by way of an Internet Web site shall be governed by Section 290.46, and a designated law enforcement entity may not post on an Internet Web site any information identifying an individual as a person required to register as a sex offender except as provided in that section unless there is a warrant outstanding for that person’s arrest. (b) Information that may be provided pursuant to subdivision (a) may include, but is not limited to, the offender’s name, known aliases, gender, race, physical description, photograph, date of birth, address, which shall be verified prior to publication, description and license plate number of the offender’s vehicles or vehicles the offender is known to drive, type of victim targeted by the offender, relevant parole or probation conditions, crimes resulting in classification under this section, and date of release from confinement, but excluding information that would identify the victim. It shall not include any Internet identifier submitted pursuant to this chapter. (c) (1) The designated law enforcement entity may authorize persons and entities who receive the information pursuant to this section to disclose information to additional persons only if the entity determines that disclosure to the additional persons will enhance the public safety and identifies the appropriate scope of further disclosure. A law enforcement entity may not authorize any disclosure of this information by placing that information on an Internet Web site, and shall not authorize disclosure of Internet identifiers submitted pursuant to this chapter, except as provided in subdivision (h). (2) A person who receives information from a law enforcement entity pursuant to paragraph (1) may disclose that information only in the manner and to the extent authorized by the law enforcement entity. (d) (1) A designated law enforcement entity and its employees shall be immune from liability for good faith conduct under this section. (2) A public or private educational institution, a day care facility, or a child care custodian described in Section 11165.7, or an employee of a public or private educational institution or day care facility which in good faith disseminates information as authorized pursuant to subdivision (c) shall be immune from civil liability. (e) (1) A person who uses information disclosed pursuant to this section to commit a felony shall be punished, in addition and consecutive to any other punishment, by a five-year term of imprisonment pursuant to subdivision (h) of Section 1170. (2) A person who uses information disclosed pursuant to this section to commit a misdemeanor shall be subject to, in addition to any other penalty or fine imposed, a fine of not less than five hundred dollars ($500) and not more than one thousand dollars ($1,000). (f) For purposes of this section, “designated law enforcement entity” means the Department of Justice, a district attorney, the Department of Corrections and Rehabilitation, the Division of Juvenile Justice, and every state or local agency expressly authorized by statute to investigate or prosecute law violators. (g) The public notification provisions of this section are applicable to every person required to register pursuant to Section 290, without regard to when his or her crimes were committed or his or her duty to register pursuant to Section 290 arose, and to each offense described in Section 290, regardless of when it was committed. (h) (1) Notwithstanding any other law, a designated law enforcement entity shall only use an Internet identifier submitted pursuant to this chapter, or release that Internet identifier to another law enforcement entity, for the purpose of investigating a sex-related crime, a kidnapping, or human trafficking. (2) A designated law enforcement entity shall not disclose or authorize persons or entities to disclose an Internet identifier submitted pursuant to this chapter to the public or other persons, except as required by court order. (i) This section shall become operative on January 1, 2021. (Repealed (in Sec. 7) and added by Stats. 2017, Ch. 541, Sec. 8. (SB 384) Effective January 1, 2018. Section operative January 1, 2021, by its own provisions.)
  192. 290.46.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    The Department of Justice must publish sex-offender registry information on a public website, keep it updated, and exclude certain victim and employer details.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 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 required to register pursuant to Section 290 to the public via an internet website as specified in this section. The department shall update the internet website on an ongoing basis. All information identifying the victim by name, birth date, address, or relationship to the registrant shall be excluded from the internet website. The name or address of the person’s employer and the listed person’s criminal history other than the specific crimes for which the person is required to register shall not be included on the internet website. The internet website shall be translated into languages other than English as determined by the department. (2) (A) On or before July 1, 2010, the Department of Justice shall make available to the public, via an internet website as specified in this section, as to any person described in subdivision (b), the following information: (i) The year of conviction of the person’s most recent offense requiring registration pursuant to Section 290. (ii) The year the person was released from incarceration for that offense. However, no year of conviction shall be made available to the public unless the department also is able to make available the corresponding year of release of incarceration for that offense, and the required notation regarding any subsequent felony. (B) (i) Any state facility that releases from incarceration a person who was incarcerated because of a crime for which the person is required to register as a sex offender pursuant to Section 290 shall, within 30 days of release, provide the year of release for the person’s most recent offense requiring registration to the Department of Justice in a manner and format approved by the department. (ii) Any state facility that releases a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which the person is required to register shall, within 30 days of release, advise the Department of Justice of that fact. (iii) Any state facility that, prior to January 1, 2007, released from incarceration a person who was incarcerated because of a crime for which the person is required to register as a sex offender pursuant to Section 290 shall provide the year of release for the person’s most recent offense requiring registration to the Department of Justice in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format. (iv) Any state facility that, prior to January 1, 2007, released a person who is required to register pursuant to Section 290 from incarceration whose incarceration was for a felony committed subsequently to the offense for which the person is required to register shall advise the Department of Justice of that fact in a manner and format approved by the department. The information provided by the Department of Corrections and Rehabilitation shall be limited to information that is currently maintained in an electronic format. (3) The State Department of State Hospitals shall provide to the Department of Justice the names of all persons committed to its custody pursuant to Article 4 (commencing with Section 6600) of Chapter 2 of Part 2 of Division 6 of the Welfare and Institutions Code, within 30 days of commitment, and shall provide the names of all of those persons released from its custody within five working days of release. (b) (1) With respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is otherwise described in, paragraph (2), or who is a tier three offender as described in paragraph (3) of subdivision (d) of Section 290, the Department of Justice shall make available to the public via the internet website the person’s name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, prior adjudication as a sexually violent predator, the address at which the person resides, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a), except that information about persons required to register as a result of an adjudication as a ward of the juvenile court pursuant to Section 290.008 shall not be made available on the internet website. The department shall also make available to the public via the internet website the person’s static SARATSO risk level, if any, and information on an elevated risk level based on the SARATSO future violence tool. Any registrant whose information is listed on the public internet website on January 1, 2022, by the Department of Justice pursuant to this subdivision, may continue to be included on the public internet website while the registrant is placed in the tier-to-be-determined category described in paragraph (5) of subdivision (d) of Section 290. (2) This subdivision shall apply to the following offenses and offenders: (A) Section 187 committed in the perpetration, or an attempt to perpetrate, rape or any act punishable under Section 286, 287, 288, or 289, or former Section 288a. (B) Section 207 committed with intent to violate Section 261, 286, 287, 288, or 289, or former Section 288a. (C) Section 209 committed with intent to violate Section 261, 286, 287, 288, or 289, or former Section 288a. (D) Paragraph (2) or (6) of subdivision (a) of Section 261. (E) Section 264.1. (F) Section 269. (G) Subdivision (c) or (d) of Section 286. (H) Subdivision (a), (b), or (c) of Section 288, provided that the offense is a felony. (I) Subdivision (c) or (d) of Section 287 or of former Section 288a. (J) Section 288.3, provided that the offense is a felony. (K) Section 288.4, provided that the offense is a felony. (L) Section 288.5. (M) Subdivision (a) or (j) of Section 289. (N) Section 288.7. (O) Any person who has ever been adjudicated a sexually violent predator, as defined in Section 6600 of the Welfare and Institutions Code. (P) A felony violation of Section 311.1. (Q) A felony violation of subdivision (b), (c), or (d) of Section 311.2. (R) A felony violation of Section 311.3. (S) A felony violation of subdivision (a), (b), or (c) of Section 311.4. (T) Section 311.10. (U) A felony violation of Section 311.11. (V) A tier three offender, as described in paragraph (3) of subdivision (d) of Section 290. (c) (1) With respect to a person who has been convicted of the commission or the attempted commission of any of the offenses listed in, or who is otherwise described in, paragraph (2) of subdivision (d) of Section 290 and who is a tier two offender, and with respect to a person who has been convicted of the commission or the attempted commission of Section 647.6, the Department of Justice shall make available to the public via the internet website the person’s name and known aliases, a photograph, a physical description, including gender and race, date of birth, criminal history, the community of residence and ZIP Code in which the person resides or the county in which the person is registered as a transient, and any other information that the Department of Justice deems relevant, but not the information excluded pursuant to subdivision (a) or the address at which the person resides, except that information about persons required to register as a result of an adjudication as a ward of the juvenile court pursuant to Section 290.008 shall not be made available on the internet website. Any registrant whose information is listed on the public internet website on January 1, 2022, by the Department of Justice pursuant to this subdivision may continue to be included on the public internet website while the registrant is placed in the tier-to-be-determined category described in paragraph (5) of subdivision (d) of Section 290. (2) Any registrant whose information was not included on the public internet website on January 1, 2022, and who is placed in the tier-to-be-determined category described in paragraph (5) of subdivision (d) of Section 290 may have the information described in this subdivision made available to the public via the public internet website. (d) (1) (A) An offender who is required to register pursuant to the Sex Offender Registration Act may apply for exclusion from the internet website if the offender demonstrates that the person’s only registerable offense is either of the following: (i) An offense for which the offender successfully completed probation, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victim’s parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object. (ii) An offense for which the offender is on probation at the time of the offender’s application, provided that the offender submits to the department a certified copy of a probation report, presentencing report, report prepared pursuant to Section 288.1, or other official court document that clearly demonstrates that the offender was the victim’s parent, stepparent, sibling, or grandparent and that the crime did not involve either oral copulation or penetration of the vagina or rectum of either the victim or the offender by the penis of the other or by any foreign object. (B) If, subsequent to the offender’s application, the offender commits a violation of probation resulting in the offender’s incarceration in county jail or state prison, the offender’s exclusion, or application for exclusion, from the internet website shall be terminated. (C) For the purposes of this paragraph, “successfully completed probation” means that during the period of probation the offender neither received additional county jail or state prison time for a violation of probation nor was convicted of another offense resulting in a sentence to county jail or state prison. (2) If the department determines that a person who was granted an exclusion under a former version of this subdivision would not qualify for an exclusion under the current version of this subdivision, the department shall rescind the exclusion, make a reasonable effort to provide notification to the person that the exclusion has been rescinded, and, no sooner than 30 days after notification is attempted, make information about the offender available to the public on the internet website as provided in this section. (3) Effective January 1, 2012, no person shall be excluded pursuant to this subdivision unless the offender has submitted to the department documentation sufficient for the department to determine that the person has a SARATSO risk level of average, below average, or very low as determined by the Coding Rules for the SARATSO static risk assessment instrument. (e) (1) A designated law enforcement entity, as defined in subdivision (f) of Section 290.45, may make available information concerning persons who are required to register pursuant to Section 290 to the public via an internet website as specified in paragraph (2), provided that the information about that person is also displayed on the Department of Justice’s Megan’s Law internet website. (2) The law enforcement entity may make available by way of an internet website the information described in subdivision (c) if it determines that the public disclosure of the information about a specific offender by way of the entity’s internet website is necessary to ensure the public safety based upon information available to the entity concerning the current risk posed by a specific offender, including the offender’s risk of sexual or violent reoffense, as indicated by the person’s SARATSO static, dynamic, and violence risk levels, as described in Section 290.04, if available. (3) The information that may be provided pursuant to this subdivision may include the information specified in subdivision (b) of Section 290.45. However, that offender’s address may not be disclosed unless the offender is a person whose address is on the Department of Justice’s internet website pursuant to subdivision (b). (f) For purposes of this section, “offense” includes the statutory predecessors of that offense, or any offense committed in another jurisdiction that, if committed or attempted to be committed in this state, would have been punishable in this state as an offense listed in subdivision (c) of Section 290. (g) Notwithstanding Section 7921.505 of the Government Code, disclosure of information pursuant to this section is not a waiver of exemptions under Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code and does not affect other statutory restrictions on disclosure in other situations. (h) (1) Any person who uses information disclosed pursuant to this section to commit a misdemeanor shall be subject to, in addition to any other penalty or fine imposed, a fine of not less than ten thousand dollars ($10,000) and not more than fifty thousand dollars ($50,000). (2) Any person who uses information disclosed pursuant to this section to commit a felony shall be punished, in addition and consecutive to any other punishment, by a five-year term of imprisonment pursuant to subdivision (h) of Section 1170. (i) Any person who is required to register pursuant to Section 290 who enters an internet website established pursuant to this section shall be punished by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail for a period not to exceed six months, or by both that fine and imprisonment. (j) (1) A person is authorized to use information disclosed pursuant to this section only to protect a person at risk. (2) Except as authorized under paragraph (1) or any other provision of law, use of any information that is disclosed pursuant to this section for purposes relating to any of the following is prohibited: (A) Health insurance. (B) Insurance. (C) Loans. (D) Credit. (E) Employment. (F) Education, scholarships, or fellowships. (G) Housing or accommodations. (H) Benefits, privileges, or services provided by any business establishment. (3) This section shall not affect authorized access to, or use of, information pursuant to, among other provisions, Sections 11105 and 11105.3 of this code, Section 8808 of the Family Code, Sections 777.5 and 14409.2 of the Financial Code, Sections 1522.01 and 1596.871 of the Health and Safety Code, and Section 432.7 of the Labor Code. (4) (A) Any use of information disclosed pursuant to this section for purposes other than those provided by paragraph (1) or in violation of paragraph (2) shall make the user liable for the actual damages, and any amount that may be determined by a jury or a court sitting without a jury, not exceeding three times the amount of actual damage, and not less than two hundred fifty dollars ($250), and attorney’s fees, exemplary damages, or a civil penalty not exceeding twenty-five thousand dollars ($25,000). (B) Whenever there is reasonable cause to believe that any person or group of persons is engaged in a pattern or practice of misuse of the information available via an internet website established pursuant to this section in violation of paragraph (2), the Attorney General, any district attorney, or city attorney, or any person aggrieved by the misuse is authorized to bring a civil action in the appropriate court requesting preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order against the person or group of persons responsible for the pattern or practice of misuse. The foregoing remedies shall be independent of any other remedies or procedures that may be available to an aggrieved party under other provisions of law, including Part 2 (commencing with Section 43) of Division 1 of the Civil Code. (k) The public notification provisions of this section are applicable to every person described in this section, without regard to when the person’s crimes were committed or the person’s duty to register pursuant to Section 290 arose, and to every offense described in this section, regardless of when it was committed. (l) A designated law enforcement entity and its employees shall be immune from liability for good faith conduct under this section. (m) The Attorney General, in collaboration with local law enforcement and others knowledgeable about sex offenders, shall develop strategies to assist members of the public in understanding and using publicly available information about registered sex offenders to further public safety. These strategies may include, but are not limited to, a hotline for community inquiries, neighborhood and business guidelines for how to respond to information posted on this internet website, and any other resource that promotes public education about these offenders. (n) This section shall become operative on January 1, 2022. (Amended (as amended by Stats. 2018, Ch. 423, Sec. 58) by Stats. 2021, Ch. 615, Sec. 333. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  193. 290.47.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    The Department of Justice must record registered sex offender address information with a unique identifier, store it with the registration data, and share it with certain state agencies when needed for law-enforcement investigations.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 290.47. The Department of Justice shall record the address at which a registered sex offender resides with a unique identifier for the address. The information for this identifier shall be captured pursuant to Section 290.015 and the identifier shall consist of a description of the nature of the dwelling, with the choices of a single family residence, an apartment/condominium, a motel/hotel, or a licensed facility. Each address and its association with any specific registered sex offender shall be stored by the department in the same database as the registration data recorded pursuant to Section 290.015. The department shall make that information available to the State Department of Social Services or any other state agency when the agency needs the information for law enforcement purposes relating to investigative responsibilities relative to sex offenders. This section shall become operative on January 1, 2012. (Added by Stats. 2009, Ch. 55, Sec. 1. (SB 583) Effective January 1, 2010. Section operative January 1, 2012, by its own provisions.)
  194. 290.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    This section lets some registered sex offenders ask the court to end registration, but only after meeting specific timing and eligibility rules.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 290.5. (a) (1) A person who is required to register pursuant to Section 290 and who is a tier one or tier two offender may file a petition in the superior court in the county in which the person is registered for termination from the sex offender registry on or after their next birthday after July 1, 2021, following the expiration of the person’s mandated minimum registration period, or if the person is required to register pursuant to Section 290.008, the person may file the petition in juvenile court on or after their next birthday after July 1, 2021, following the expiration of the mandated minimum registration period. The petition shall contain proof of the person’s current registration as a sex offender. (2) The petition shall be served on the registering law enforcement agency and the district attorney in the county where the petition is filed and on the law enforcement agency and the district attorney of the county of conviction of a registerable offense if different than the county where the petition is filed. The registering law enforcement agency shall report receipt of service of a filed petition to the Department of Justice in a manner prescribed by the department. The registering law enforcement agency and the law enforcement agency of the county of conviction of a registerable offense if different than the county where the petition is filed shall, within 60 days of receipt of the petition, report to the district attorney and the superior or juvenile court in which the petition is filed regarding whether the person has met the requirements for termination pursuant to subdivision (e) of Section 290. If an offense which may require registration pursuant to Section 290.005 is identified by the registering law enforcement agency which has not previously been assessed by the Department of Justice, the registering law enforcement agency shall refer that conviction to the department for assessment and determination of whether the conviction changes the tier designation assigned by the department to the offender. If the newly discovered offense changes the tier designation for that person, the department shall change the tier designation pursuant to subdivision (d) of Section 290 within three months of receipt of the request by the registering law enforcement agency and notify the registering law enforcement agency. If more time is required to obtain the documents needed to make the assessment, the department shall notify the registering law enforcement agency of the reason that an extension of time is necessary to complete the tier designation. The registering law enforcement agency shall report to the district attorney and the court that the department has requested an extension of time to determine the person’s tier designation based on the newly discovered offense, the reason for the request, and the estimated time needed to complete the tier designation. The district attorney in the county where the petition is filed may, within 60 days of receipt of the report from either the registering law enforcement agency, the law enforcement agency of the county of conviction of a registerable offense if different than the county where the petition is filed, or the district attorney of the county of conviction of a registerable offense, request a hearing on the petition if the petitioner has not fulfilled the requirement described in subdivision (e) of Section 290, or if community safety would be significantly enhanced by the person’s continued registration. If no hearing is requested, the petition for termination shall be granted if the court finds the required proof of current registration is presented in the petition, provided that the registering agency reported that the person met the requirement for termination pursuant to subdivision (e) of Section 290, there are no pending charges against the person which could extend the time to complete the registration requirements of the tier or change the person’s tier status, and the person is not in custody or on parole, probation, or supervised release. The court may summarily deny a petition if the court determines the petitioner does not meet the statutory requirements for termination of sex offender registration or if the petitioner has not fulfilled the filing and service requirements of this section. In summarily denying a petition the court shall state the reason or reasons the petition is being denied. (3) If the district attorney requests a hearing, the district attorney shall be entitled to present evidence regarding whether community safety would be significantly enhanced by requiring continued registration. In determining whether to order continued registration, the court shall consider: the nature and facts of the registerable offense; the age and number of victims; whether any victim was a stranger at the time of the offense (known to the offender for less than 24 hours); criminal and relevant noncriminal behavior before and after conviction for the registerable offense; the time period during which the person has not reoffended; successful completion, if any, of a Sex Offender Management Board-certified sex offender treatment program; and the person’s current risk of sexual or violent reoffense, including the person’s risk levels on SARATSO static, dynamic, and violence risk assessment instruments, if available. Any judicial determination made pursuant to this section may be heard and determined upon declarations, affidavits, police reports, or any other evidence submitted by the parties which is reliable, material, and relevant. (4) If termination from the registry is denied, the court shall set the time period after which the person can repetition for termination, which shall be at least one year from the date of the denial, but not to exceed five years, based on facts presented at the hearing. The court shall state on the record the reason for its determination setting the time period after which the person may repetition. (5) The court shall notify the Department of Justice, California Sex Offender Registry, when a petition for termination from the registry is granted, denied, or summarily denied, in a manner prescribed by the department. If the petition is denied, the court shall also notify the Department of Justice, California Sex Offender Registry, of the time period after which the person can file a new petition for termination. (b) (1) A person required to register as a tier two offender, pursuant to paragraph (2) of subdivision (d) of Section 290, may petition the superior court for termination from the registry after 10 years from release from custody on the registerable offense if all of the following apply: (A) the registerable offense involved no more than one victim 14 to 17 years of age, inclusive; (B) the offender was under 21 years of age at the time of the offense; (C) the registerable offense is not specified in subdivision (c) of Section 667.5, except subdivision (a) of Section 288; and (D) the registerable offense is not specified in Section 236.1. (2) A tier two offender described in paragraph (1) may file a petition with the superior court for termination from the registry only if the person has not been convicted of a new offense requiring sex offender registration or an offense described in subdivision (c) of Section 667.5 since the person was released from custody on the offense requiring registration pursuant to Section 290, and has registered for 10 years pursuant to subdivision (e) of Section 290. The court shall determine whether community safety would be significantly enhanced by requiring continued registration and may consider the following factors: whether the victim was a stranger (known less than 24 hours) at the time of the offense; the nature of the registerable offense, including whether the offender took advantage of a position of trust; criminal and relevant noncriminal behavior before and after the conviction for the registerable offense; whether the offender has successfully completed a Sex Offender Management Board-certified sex offender treatment program; whether the offender initiated a relationship for the purpose of facilitating the offense; and the person’s current risk of sexual or violent reoffense, including the person’s risk levels on SARATSO static, dynamic, and violence risk assessment instruments, if known. If the petition is denied, the person may not repetition for termination for at least one year. (3) A person required to register as a tier three offender based solely on the person’s risk level, pursuant to subparagraph (D) of paragraph (3) of subdivision (d) of Section 290, may petition the court for termination from the registry after 20 years from release from custody on the registerable offense, if the person (A) has not been convicted of a new offense requiring sex offender registration or an offense described in subdivision (c) of Section 667.5 since the person was released from custody on the offense requiring registration pursuant to Section 290, and (B) has registered for 20 years pursuant to subdivision (e) of Section 290; except that a person required to register for a conviction pursuant to Section 288 or an offense listed in subdivision (c) of Section 1192.7 who is a tier three offender based on the person’s risk level, pursuant to subparagraph (D) of paragraph (3) of subdivision (d) of Section 290, shall not be permitted to petition for removal from the registry. The court shall determine whether community safety would be significantly enhanced by requiring continued registration and may consider the following factors: whether the victim was a stranger (known less than 24 hours) at the time of the offense; the nature of the registerable offense, including whether the offender took advantage of a position of trust; criminal and relevant noncriminal behavior before and after the conviction for the registerable offense; whether the offender has successfully completed a Sex Offender Management Board-certified sex offender treatment program; whether the offender initiated a relationship for the purpose of facilitating the offense; and the person’s current risk of sexual or violent reoffense, including the person’s risk levels on SARATSO static, dynamic, and violence risk assessment instruments, if known. If the petition is denied, the person may not re-petition for termination for at least three years. (c) This section shall become operative on July 1, 2021. (Amended (as added by Stats. 2017, Ch. 541, Sec. 12) by Stats. 2020, Ch. 29, Sec. 11. (SB 118) Effective August 6, 2020. Section operative July 1, 2021, by its own provisions.)
  195. 290.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    The Department of Corrections and Rehabilitation must give local law enforcement certain release information 15 days before release, or on the next business day if that is not possible, and must update law enforcement within 36 hours if the release date or required information changes.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 290.6. (a) Fifteen days before the scheduled release date of a person described in subdivision (b), the Department of Corrections and Rehabilitation shall provide to local law enforcement all of the following information regarding the person: (1) Name. (2) Community residence and address, including ZIP Code. (3) Physical description. (4) Conviction information. (b) This subdivision shall apply to any person sentenced to the state prison who is required to register pursuant to Section 290 for a conviction of an offense specified in subdivision (b), (c), or (d) of Section 290.46 and to any person described in those subdivisions. (c) For the purpose of this section, “law enforcement” includes any agency with which the person will be required to register upon his or her release pursuant to Section 290 based upon the person’s community of residence upon release. (d) If it is not possible for the Department of Corrections and Rehabilitation to provide the information specified in subdivision (a) on a date that is 15 days before the scheduled release date, the information shall be provided on the next business day following that date. (e) The Department of Corrections and Rehabilitation shall notify local law enforcement within 36 hours of learning of the change if the scheduled release date or any of the required information changes prior to the scheduled release date. (Amended by Stats. 2006, Ch. 538, Sec. 501. Effective January 1, 2007.)
  196. 290.7.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    The Department of Corrections must provide blood and saliva samples from a prison inmate to the county where the inmate will be released, but only if that county has a local DNA testing laboratory.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 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 Data Base and Data Bank Act of 1998 (Chapter 6 (commencing with Section 295) of Title 9 of Part 1 of the Penal Code) to the county in which the inmate is to be released if the county maintains a local DNA testing laboratory. (Amended by Stats. 1999, Ch. 475, Sec. 2. Effective January 1, 2000.)
  197. 290.8.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    A local law enforcement agency that does not register sex offenders during regular daytime business hours every day, except weekends and holidays, must notify specified regional parole offices of the days, times, and locations where registration is available.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 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 basis, excluding weekends and holidays, shall notify the regional parole office for the Department of Corrections and the regional parole office for the Department of the Youth Authority of the days, times, and locations the agency is available for registration of sex offenders pursuant to Section 290. (Added by Stats. 1998, Ch. 960, Sec. 4. Effective January 1, 1999.)
  198. 290.85.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    People on probation or parole who must register as sex offenders must give proof of registration to their probation officer or parole agent within six working days, and later give proof of any registration change within five working days.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 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 registration to his or her probation officer or parole agent within six working days of release on probation or parole. The six-day period for providing proof of registration may be extended only upon determination by the probation officer or parole agent that unusual circumstances exist relating to the availability of local law enforcement registration capabilities that preclude the person’s ability to meet the deadline. (b) Every person released on probation or parole who is required to register as a sex offender pursuant to Section 290 shall provide proof of any change or update to his or her registration information to his or her probation officer or parole agent within five working days for so long as he or she is required to be under the supervision of a probation officer or parole agent. (c) A probation officer or parole agent who supervises an individual who is required to register as a sex offender pursuant to Section 290 shall inform that individual of his or her duties under this section not fewer than six days prior to the date on which proof of registration or proof of any change or update to registration information is to be provided to the probation officer or parole agent. (d) For purposes of this section, “proof of registration” means a photocopy of the actual registration form. A law enforcement agency that registers an individual as a sex offender pursuant to Section 290 who is released on probation or parole and is therefore subject to this section shall provide that individual with proof of his or her registration free of charge when requested by the registrant to fulfill the requirements of this section or any other provision of law. (Amended by Stats. 2003, Ch. 245, Sec. 1. Effective January 1, 2004.)
  199. 290.9.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    State and local governmental agencies must give the Department of Justice the address of a person reported to be violating sex-offender registration duties, if the Department makes a written request.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 290.9. Notwithstanding any other provision of law, any state or local governmental agency shall, upon written request, provide to the Department of Justice the address of any person represented by the department to be a person who is in violation of his or her duty to register under Section 290. (Added by Stats. 2004, Ch. 127, Sec. 1. Effective January 1, 2005.)
  200. 290.95.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. )

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    Certain sex offender registrants must disclose their status when applying for or accepting covered work, and some may not work in those roles at all.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261 - 368.7] ( Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2. ) ## CHAPTER 5.5. Sex Offenders [290 - 294] ( Chapter 5.5 heading added by Stats. 2006, Ch. 337, Sec. 10. ) ## 290.95. (a) Every person required to register under Section 290, who applies for or accepts a position as an employee or volunteer with any person, group, or organization where the registrant would be working directly and in an unaccompanied setting with minor children on more than an incidental and occasional basis or have supervision or disciplinary power over minor children, shall disclose his or her status as a registrant, upon application or acceptance of a position, to that person, group, or organization. (b) Every person required to register under Section 290 who applies for or accepts a position as an employee or volunteer with any person, group, or organization where the applicant would be working directly and in an accompanied setting with minor children, and the applicant’s work would require him or her to touch the minor children on more than an incidental basis, shall disclose his or her status as a registrant, upon application or acceptance of the position, to that person, group, or organization. (c) No person who is required to register under Section 290 because of a conviction for a crime where the victim was a minor under 16 years of age shall be an employer, employee, or independent contractor, or act as a volunteer with any person, group, or organization in a capacity in which the registrant would be working directly and in an unaccompanied setting with minor children on more than an incidental and occasional basis or have supervision or disciplinary power over minor children. This subdivision shall not apply to a business owner or an independent contractor who does not work directly in an unaccompanied setting with minors. (d) For purposes of this section, “working directly and in an unaccompanied setting” includes, but is not limited to, providing goods or services to minors. (e) A violation of this section is a misdemeanor punishable by imprisonment in a county jail for not exceeding six months, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine, and a violation of this section shall not constitute a continuing offense. (Amended by Stats. 2009, Ch. 430, Sec. 1. (AB 307) Effective October 11, 2009.)

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