Penal Code — Part 23 | PEN — United States — California law | Esheria

Penal Code

Part 23 of 29 · provisions 4,401–4,600

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. 5088.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3.5. The Robert Presley Center of Crime and Justice Studies [5085 - 5088] ( Chapter 3.5 repealed and added by Stats. 1993, Ch. 778, Sec. 2. )

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    The university must negotiate and approve the terms, services, and costs of contracts and research projects for this chapter.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 3.5. The Robert Presley Center of Crime and Justice Studies [5085 - 5088] ( Chapter 3.5 repealed and added by Stats. 1993, Ch. 778, Sec. 2. ) ## 5088. The university shall negotiate and approve terms, services, and costs of contracts and research projects for purposes of this chapter. (Repealed and added by Stats. 1993, Ch. 778, Sec. 2. Effective January 1, 1994.)
  2. 509.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. )

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    For embezzlement, a separate act of taking is not required.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. ) ## 509. A distinct act of taking is not necessary to constitute embezzlement. (Enacted 1872.)
  3. 510.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. )

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    Certain executed debt instruments negotiable by delivery only are treated as subject to embezzlement, even if not yet delivered or issued as valid instruments.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. ) ## 510. Any evidence of debt, negotiable by delivery only, and actually executed, is the subject of embezzlement, whether it has been delivered or issued as a valid instrument or not. (Enacted 1872.)
  4. 511.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. )

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    In an embezzlement case, it is a defense if the property was taken openly and under a good-faith claim of title, even if the claim is not legally valid.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. ) ## 511. Upon any indictment for embezzlement, it is a sufficient defense that the property was appropriated openly and avowedly, and under a claim of title preferred in good faith, even though such claim is untenable. But this provision does not excuse the unlawful retention of the property of another to offset or pay demands held against him. (Enacted 1872.)
  5. 512.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. )

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    An accused person cannot use an intent to restore embezzled property as a defense or mitigation if the property was not restored before the case was charged by information or indictment.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. ) ## 512. The fact that the accused intended to restore the property embezzled, is no ground of defense or mitigation of punishment, if it has not been restored before an information has been laid before a magistrate, or an indictment found by a grand jury, charging the commission of the offense. (Amended by Stats. 1905, Ch. 520.)
  6. 513.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. )

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    If an accused person restores or offers to restore embezzled property before formal charging, that fact is not a defense, but the court may reduce the punishment.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. ) ## 513. Whenever, prior to an information laid before a magistrate, or an indictment found by a grand jury, charging the commission of embezzlement, the person accused voluntarily and actually restores or tenders restoration of the property alleged to have been embezzled, or any part thereof, such fact is not a ground of defense, but it authorizes the court to mitigate punishment, in its discretion. (Amended by Stats. 1905, Ch. 520.)
  7. 514.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. )

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    Embezzlement is punished like theft; public-funds embezzlement is a felony with state-prison imprisonment, and conviction makes the person ineligible for certain offices in California.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. ) ## 514. Every person guilty of embezzlement is punishable in the manner prescribed for theft of property of the value or kind embezzled; and where the property embezzled is an evidence of debt or right of action, the sum due upon it or secured to be paid by it must be taken as its value; if the embezzlement or defalcation is of the public funds of the United States, or of this state, or of any county or municipality within this state, the offense is a felony, and is punishable by imprisonment in the state prison; and the person so convicted is ineligible thereafter to any office of honor, trust, or profit in this state. (Amended by Stats. 1976, Ch. 1139.)
  8. 515.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. )

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    If there is a felony conviction under this chapter, the victim being an elder or dependent person is treated as an aggravating circumstance when sentencing.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 6. Embezzlement [503 - 515] ( Chapter 6 enacted 1872. ) ## 515. Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent person, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170. (Amended by Stats. 2004, Ch. 823, Sec. 9. Effective January 1, 2005.)
  9. 518.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 7. Extortion [518 - 527] ( Chapter 7 enacted 1872. )

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    This section defines extortion as getting property, consideration, or an official act through wrongful force or fear, or under color of official right.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 7. Extortion [518 - 527] ( Chapter 7 enacted 1872. ) ## 518. (a) Extortion is the obtaining of property or other consideration from another, with his or her consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right. (b) For purposes of this chapter, “consideration” means anything of value, including sexual conduct as defined in subdivision (b) of Section 311.3, or an image of an intimate body part as defined in subparagraph (C) of paragraph (4) of subdivision (j) of Section 647. (c) Notwithstanding subdivision (a), this section does not apply to a person under 18 years of age who has obtained consideration consisting of sexual conduct or an image of an intimate body part. (Amended by Stats. 2017, Ch. 518, Sec. 1. (SB 500) Effective January 1, 2018.)
  10. 519.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 7. Extortion [518 - 527] ( Chapter 7 enacted 1872. )

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    Fear that can amount to extortion may be caused by certain threats, including threats of injury, accusations of crime, exposure of disgrace or secrets, or reporting immigration status.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 7. Extortion [518 - 527] ( Chapter 7 enacted 1872. ) ## 519. Fear, such as will constitute extortion, may be induced by a threat of any of the following: 1. To do an unlawful injury to the person or property of the individual threatened or of a third person. 2. To accuse the individual threatened, or a relative of his or her, or a member of his or her family, of a crime. 3. To expose, or to impute to him, her, or them a deformity, disgrace, or crime. 4. To expose a secret affecting him, her, or them. 5. To report his, her, or their immigration status or suspected immigration status. (Amended by Stats. 2014, Ch. 71, Sec. 123. (SB 1304) Effective January 1, 2015.)
  11. 520.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 7. Extortion [518 - 527] ( Chapter 7 enacted 1872. )

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    A person who extorts property or other consideration from another by force or a threat covered by Section 519, and the conduct is not robbery or carjacking, can be punished by imprisonment.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 7. Extortion [518 - 527] ( Chapter 7 enacted 1872. ) ## 520. Every person who extorts property or other consideration from another, under circumstances not amounting to robbery or carjacking, by means of force, or any threat, such as is mentioned in Section 519, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three or four years. (Amended by Stats. 2017, Ch. 518, Sec. 2. (SB 500) Effective January 1, 2018.)
  12. 521.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 7. Extortion [518 - 527] ( Chapter 7 enacted 1872. )

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    A person who commits extortion under color of official right, when no different punishment is provided in the Code, commits a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 7. Extortion [518 - 527] ( Chapter 7 enacted 1872. ) ## 521. Every person who commits any extortion under color of official right, in cases for which a different punishment is not prescribed in this Code, is guilty of a misdemeanor. (Enacted 1872.)
  13. 522.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 7. Extortion [518 - 527] ( Chapter 7 enacted 1872. )

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    Using extortionate means to get someone’s signature on a paper or instrument tied to transferring property or creating a debt or similar claim is punishable.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 7. Extortion [518 - 527] ( Chapter 7 enacted 1872. ) ## 522. Every person who, by any extortionate means, obtains from another his signature to any paper or instrument, whereby, if such signature were freely given, any property would be transferred, or any debt, demand, charge, or right of action created, is punishable in the same manner as if the actual delivery of such debt, demand, charge, or right of action were obtained. (Enacted 1872.)
  14. 523.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 7. Extortion [518 - 527] ( Chapter 7 enacted 1872. )

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    This section makes extortion-related conduct punishable, including sending threatening writings to obtain property or other consideration and introducing ransomware to obtain property or other consideration.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 7. Extortion [518 - 527] ( Chapter 7 enacted 1872. ) ## 523. (a) Every person who, with intent to extort property or other consideration from another, sends or delivers to any person any letter or other writing, whether subscribed or not, expressing or implying, or adapted to imply, any threat such as is specified in Section 519 is punishable in the same manner as if such property or other consideration were actually obtained by means of such threat. (b) (1) Every person who, with intent to extort property or other consideration from another, introduces ransomware into any computer, computer system, or computer network is punishable pursuant to Section 520 in the same manner as if such property or other consideration were actually obtained by means of the ransomware. (2) Prosecution pursuant to this subdivision does not prohibit or limit prosecution under any other law. (c) (1) “Ransomware” means a computer contaminant, as defined in Section 502, or lock placed or introduced without authorization into a computer, computer system, or computer network that restricts access by an authorized person to the computer, computer system, computer network, or any data therein under circumstances in which the person responsible for the placement or introduction of the ransomware demands payment of money or other consideration to remove the computer contaminant, restore access to the computer, computer system, computer network, or data, or otherwise remediate the impact of the computer contaminant or lock. (2) A person is responsible for placing or introducing ransomware into a computer, computer system, or computer network if the person directly places or introduces the ransomware or directs or induces another person to do so, with the intent of demanding payment or other consideration to remove the ransomware, restore access, or otherwise remediate the impact of the ransomware. (Amended by Stats. 2017, Ch. 518, Sec. 3. (SB 500) Effective January 1, 2018.)
  15. 524.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 7. Extortion [518 - 527] ( Chapter 7 enacted 1872. )

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    A person who tries to extort property or other consideration from someone by a threat covered by Section 519 can be punished by jail, prison, a fine up to $10,000, or both.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 7. Extortion [518 - 527] ( Chapter 7 enacted 1872. ) ## 524. Every person who attempts, by means of any threat, such as is specified in Section 519 of this code, to extort property or other consideration from another is punishable by imprisonment in the county jail not longer than one year or in the state prison or by fine not exceeding ten thousand dollars ($10,000), or by both such fine and imprisonment. (Amended by Stats. 2017, Ch. 518, Sec. 4. (SB 500) Effective January 1, 2018.)
  16. 525.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 7. Extortion [518 - 527] ( Chapter 7 enacted 1872. )

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    If a felony conviction under this chapter involves an elder or dependent person as the victim, that fact must be treated as an aggravating circumstance when sentencing under Section 1170(b).

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 7. Extortion [518 - 527] ( Chapter 7 enacted 1872. ) ## 525. Upon conviction of a felony violation under this chapter, the fact that the victim was an elder or dependent person, as defined in Section 288, shall be considered a circumstance in aggravation when imposing a term under subdivision (b) of Section 1170. (Amended by Stats. 2004, Ch. 823, Sec. 10. Effective January 1, 2005.)
  17. 526.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 7. Extortion [518 - 527] ( Chapter 7 enacted 1872. )

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    A person commits a misdemeanor if, to get property or other consideration from someone else, they deliver a false paper that appears to be a court order or court process.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 7. Extortion [518 - 527] ( Chapter 7 enacted 1872. ) ## 526. Any person, who, with intent to obtain from another person any property or other consideration, delivers or causes to be delivered to the other person any paper, document or written, typed or printed form purporting to be an order or other process of a court, or designed or calculated by its writing, typing or printing, or the arrangement thereof, to cause or lead the other person to believe it to be an order or other process of a court, when in fact such paper, document or written, typed or printed form is not an order or process of a court, is guilty of a misdemeanor, and each separate delivery of any paper, document or written, typed or printed form shall constitute a separate offense. (Amended by Stats. 2017, Ch. 518, Sec. 5. (SB 500) Effective January 1, 2018.)
  18. 527.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 7. Extortion [518 - 527] ( Chapter 7 enacted 1872. )

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    It is a misdemeanor to sell, offer for sale, print, publish, or distribute fake court-order documents, and a court may order them destroyed after conviction.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 7. Extortion [518 - 527] ( Chapter 7 enacted 1872. ) ## 527. Any person who shall sell or offer for sale, print, publish, or distribute any paper, document or written, typed or printed form, designed or calculated by its writing, typing or printing, or the arrangement thereof, to cause or lead any person to believe it to be, or that it will be used as an order or other process of a court when in fact such paper, document or written, typed or printed form is not to be used as the order or process of a court, is guilty of a misdemeanor, and each separate publication, printing, distribution, sale or offer to sell any such paper, document or written, typed or printed form shall constitute a separate offense, and upon conviction thereof in addition to any other sentence imposed the court may order that all such papers or documents or written, typed or printed forms in the possession or under the control of the person found guilty of such misdemeanor shall be delivered to such court or the clerk thereof for destruction. (Added by Stats. 1929, Ch. 593.)
  19. 528.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    A person who falsely impersonates someone else and, in that assumed identity, marries or pretends to marry (or to sustain a marriage relation) is guilty of a felony.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 528. Every person who falsely personates another, and in such assumed character marries or pretends to marry, or to sustain the marriage relation towards another, with or without the connivance of such other, is guilty of a felony. (Enacted 1872.)
  20. 528.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    Knowingly impersonating another actual person online or by electronic means without consent, to harm, intimidate, threaten, or defraud someone, is a public offense and can be fined, jailed, or both.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 528.5. (a) Notwithstanding any other provision of law, any person who knowingly and without consent credibly impersonates another actual person through or on an Internet Web site or by other electronic means for purposes of harming, intimidating, threatening, or defrauding another person is guilty of a public offense punishable pursuant to subdivision (d). (b) For purposes of this section, an impersonation is credible if another person would reasonably believe, or did reasonably believe, that the defendant was or is the person who was impersonated. (c) For purposes of this section, “electronic means” shall include opening an e-mail account or an account or profile on a social networking Internet Web site in another person’s name. (d) A violation of subdivision (a) is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment. (e) In addition to any other civil remedy available, a person who suffers damage or loss by reason of a violation of subdivision (a) may bring a civil action against the violator for compensatory damages and injunctive relief or other equitable relief pursuant to paragraphs (1), (2), (4), and (5) of subdivision (e) and subdivision (g) of Section 502. (f) This section shall not preclude prosecution under any other law. (Added by Stats. 2010, Ch. 335, Sec. 1. (SB 1411) Effective January 1, 2011.)
  21. 529.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    A person who falsely impersonates another and acts in that assumed identity commits an offense punishable by fine, jail, or both.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 529. (a) Every person who falsely personates another in either his or her private or official capacity, and in that assumed character does any of the following, is punishable pursuant to subdivision (b): (1) Becomes bail or surety for any party in any proceeding whatever, before any court or officer authorized to take that bail or surety. (2) Verifies, publishes, acknowledges, or proves, in the name of another person, any written instrument, with intent that the same may be recorded, delivered, or used as true. (3) Does any other act whereby, if done by the person falsely personated, he might, in any event, become liable to any suit or prosecution, or to pay any sum of money, or to incur any charge, forfeiture, or penalty, or whereby any benefit might accrue to the party personating, or to any other person. (b) By a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year, or imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 381. (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.)
  22. 529.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    This section makes it a misdemeanor to make, sell, offer, transfer, or possess certain false-looking government ID or driver’s license documents while knowing they are not government-issued.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 529.5. (a) Every person who manufactures, sells, offers for sale, or transfers any document, not amounting to counterfeit, purporting to be a government-issued identification card or driver’s license, which by virtue of the wording or appearance thereon could reasonably deceive an ordinary person into believing that it is issued by a government agency, and who knows that the document is not a government-issued document, is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both the fine and imprisonment. (b) Any person who, having been convicted of a violation of subdivision (a), is subsequently convicted of a violation of subdivision (a), is punishable for the subsequent conviction by imprisonment in a county jail not exceeding one year, or by a fine not exceeding five thousand dollars ($5,000), or by both the fine and imprisonment. (c) Any person who possesses a document described in subdivision (a) and who knows that the document is not a government-issued document is guilty of a misdemeanor punishable by a fine of not less than one thousand dollars ($1,000) and not more than two thousand five hundred dollars ($2,500). The misdemeanor fine shall be imposed except in unusual cases where the interests of justice would be served. The court may allow an offender to work off the fine by doing community service. If community service work is not available, the misdemeanor shall be punishable by a fine of up to one thousand dollars ($1,000), based on the person’s ability to pay. (Amended by Stats. 2019, Ch. 505, Sec. 6. (SB 485) Effective January 1, 2020.)
  23. 529.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    This section makes it a misdemeanor to falsely claim to be a census taker, or to take on a census taker’s activities, when done to interfere with the census or to get information or consent for an unlawful search or seizure.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 529.6. (a) (1) This section shall be known, and may be cited, as the Freedom to Count Act. (2) It is the intent of the Legislature to ensure that all Californians have access to accurate, timely information about the census and that all Californians have the opportunity to participate in the census freely and without fear of fraud, intimidation, or harm. (b) A person is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, who does either of the following: (1) Falsely represents that they are a census taker with the intent to interfere with the operation of the census or with the intent to obtain information or consent to an otherwise unlawful search or seizure. (2) Falsely assumes some or all of the activities of a census taker with the intent to interfere with the operation of the census or with the intent to obtain information or consent to an otherwise unlawful search or seizure. (Added by Stats. 2019, Ch. 831, Sec. 2. (AB 1563) Effective January 1, 2020.)
  24. 529.7.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    A person who knowingly helps obtain certain DMV-issued documents for someone not entitled to them commits a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 529.7. Any person who obtains, or assists another person in obtaining, a driver’s license, identification card, vehicle registration certificate, or any other official document issued by the Department of Motor Vehicles, with knowledge that the person obtaining the document is not entitled to the document, is guilty of a misdemeanor, and is punishable by imprisonment in a county jail for up to one year, or a fine of up to one thousand dollars ($1,000), or both. (Added by Stats. 2002, Ch. 907, Sec. 2. Effective January 1, 2003.)
  25. 529a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    It is a crime to make, sell, offer, transfer, display, or possess false or counterfeit birth or baptism certificates, or certain genuine birth certificates, when done with the specified deceptive intent.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 529a. Every person who manufactures, produces, sells, offers, or transfers to another any document purporting to be either a certificate of birth or certificate of baptism, knowing such document to be false or counterfeit and with the intent to deceive, is guilty of a crime, and upon conviction therefor, shall be punished by imprisonment in a county jail not to exceed one year, or by imprisonment pursuant to subdivision (h) of Section 1170. Every person who offers, displays, or has in his or her possession any false or counterfeit certificate of birth or certificate of baptism, or any genuine certificate of birth which describes a person then living or deceased, with intent to represent himself or herself as another or to conceal his or her true identity, is guilty of a crime, and upon conviction therefor, shall be punished by imprisonment in the county jail not to exceed one year. (Amended by Stats. 2011, Ch. 15, Sec. 382. (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.)
  26. 530.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    A person who falsely impersonates someone else and takes money or property meant for that person, with intent to use it or deprive the true owner, is punished like larceny.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 530. Every person who falsely personates another, in either his private or official capacity, and in such assumed character receives any money or property, knowing that it is intended to be delivered to the individual so personated, with intent to convert the same to his own use, or to that of another person, or to deprive the true owner thereof, is punishable in the same manner and to the same extent as for larceny of the money or property so received. (Amended by Stats. 1905, Ch. 523.)
  27. 530.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    This section makes it a public offense to misuse, keep, sell, transfer, or convey another person’s personal identifying information in specified fraudulent or unlawful ways, and it also covers mail theft and a liability exception for certain online service providers.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 530.5. (a) Every person who willfully obtains personal identifying information, as defined in subdivision (b) of Section 530.55, of another person, and uses that information for any unlawful purpose, including to obtain, or attempt to obtain, credit, goods, services, real property, or medical information without the consent of that person, is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170. (b) In any case in which a person willfully obtains personal identifying information of another person, uses that information to commit a crime in addition to a violation of subdivision (a), and is convicted of that crime, the court records shall reflect that the person whose identity was falsely used to commit the crime did not commit the crime. (c) (1) Every person who, with the intent to defraud, acquires or retains possession of the personal identifying information, as defined in subdivision (b) of Section 530.55, of another person is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment. (2) Every person who, with the intent to defraud, acquires or retains possession of the personal identifying information, as defined in subdivision (b) of Section 530.55, of another person, and who has previously been convicted of a violation of this section, upon conviction therefor shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170. (3) Every person who, with the intent to defraud, acquires or retains possession of the personal identifying information, as defined in subdivision (b) of Section 530.55, of 10 or more other persons is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170. (d) (1) Every person who, with the intent to defraud, sells, transfers, or conveys the personal identifying information, as defined in subdivision (b) of Section 530.55, of another person is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment, or by imprisonment pursuant to subdivision (h) of Section 1170. (2) Every person who, with actual knowledge that the personal identifying information, as defined in subdivision (b) of Section 530.55, of a specific person will be used to commit a violation of subdivision (a), sells, transfers, or conveys that same personal identifying information is guilty of a public offense, and upon conviction therefor, shall be punished by a fine, by imprisonment pursuant to subdivision (h) of Section 1170, or by both a fine and imprisonment. (e) Every person who commits mail theft, as defined in Section 1708 of Title 18 of the United States Code, is guilty of a public offense, and upon conviction therefor shall be punished by a fine, by imprisonment in a county jail not to exceed one year, or by both a fine and imprisonment. Prosecution under this subdivision shall not limit or preclude prosecution under any other provision of law, including, but not limited to, subdivisions (a) to (c), inclusive, of this section. (f) An interactive computer service or access software provider, as defined in subsection (f) of Section 230 of Title 47 of the United States Code, shall not be liable under this section unless the service or provider acquires, transfers, sells, conveys, or retains possession of personal information with the intent to defraud. (Amended by Stats. 2011, Ch. 15, Sec. 383. (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.)
  28. 530.55.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    This section defines “person” and “personal identifying information” for the chapter.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 530.55. (a) For purposes of this chapter, “person” means a natural person, living or deceased, firm, association, organization, partnership, business trust, company, corporation, limited liability company, or public entity, or any other legal entity. (b) For purposes of this chapter, “personal identifying information” means any name, address, telephone number, health insurance number, taxpayer identification number, school identification number, state or federal driver’s license, or identification number, social security number, place of employment, employee identification number, professional or occupational number, mother’s maiden name, demand deposit account number, savings account number, checking account number, PIN (personal identification number) or password, United States Citizenship and Immigration Services-assigned number, government passport number, date of birth, unique biometric data including fingerprint, facial scan identifiers, voiceprint, retina or iris image, or other unique physical representation, unique electronic data including information identification number assigned to the person, address or routing code, telecommunication identifying information or access device, information contained in a birth or death certificate, or credit card number of an individual person, or an equivalent form of identification. (Amended by Stats. 2021, Ch. 296, Sec. 45. (AB 1096) Effective January 1, 2022.)
  29. 530.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    This section lets a person who suspects identity theft ask local law enforcement to investigate, and lets a victim ask a court for a factual-innocence determination.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 530.6. (a) A person who has learned or reasonably suspects that his or her personal identifying information has been unlawfully used by another, as described in subdivision (a) of Section 530.5, may initiate a law enforcement investigation by contacting the local law enforcement agency that has jurisdiction over his or her actual residence or place of business, which shall take a police report of the matter, provide the complainant with a copy of that report, and begin an investigation of the facts. If the suspected crime was committed in a different jurisdiction, the local law enforcement agency may refer the matter to the law enforcement agency where the suspected crime was committed for further investigation of the facts. (b) A person who reasonably believes that he or she is the victim of identity theft may petition a court, or the court, on its own motion or upon application of the prosecuting attorney, may move, for an expedited judicial determination of his or her factual innocence, where the perpetrator of the identity theft was arrested for, cited for, or convicted of a crime under the victim’s identity, or where a criminal complaint has been filed against the perpetrator in the victim’s name, or where the victim’s identity has been mistakenly associated with a record of criminal conviction. Any judicial determination of factual innocence made pursuant to this section may be heard and determined upon declarations, affidavits, police reports, or other material, relevant, and reliable information submitted by the parties or ordered to be part of the record by the court. Where the court determines that the petition or motion is meritorious and that there is no reasonable cause to believe that the victim committed the offense for which the perpetrator of the identity theft was arrested, cited, convicted, or subject to a criminal complaint in the victim’s name, or that the victim’s identity has been mistakenly associated with a record of criminal conviction, the court shall find the victim factually innocent of that offense. If the victim is found factually innocent, the court shall issue an order certifying this determination. (c) After a court has issued a determination of factual innocence pursuant to this section, the court may order the name and associated personal identifying information contained in court records, files, and indexes accessible by the public deleted, sealed, or labeled to show that the data is impersonated and does not reflect the defendant’s identity. (d) A court that has issued a determination of factual innocence pursuant to this section may at any time vacate that determination if the petition, or any information submitted in support of the petition, is found to contain any material misrepresentation or fraud. (e) The Judicial Council of California shall develop a form for use in issuing an order pursuant to this section. (f) For purposes of this section,“person” means a natural person, firm, association, organization, partnership, business trust, company, corporation, limited liability company, or public entity. (Amended by Stats. 2006, Ch. 10, Sec. 2. Effective February 25, 2006.)
  30. 530.7.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    The Department of Justice must verify identity-theft victims, maintain a victim database, let victims or their authorized representatives access it, limit access to authorized users, and provide a toll-free phone number. Victims must submit specified documents to be included in the database.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 530.7. (a) In order for a victim of identity theft to be included in the data base established pursuant to subdivision (c), he or she shall submit to the Department of Justice a court order obtained pursuant to any provision of law, a full set of fingerprints, and any other information prescribed by the department. (b) Upon receiving information pursuant to subdivision (a), the Department of Justice shall verify the identity of the victim against any driver’s license or other identification record maintained by the Department of Motor Vehicles. (c) The Department of Justice shall establish and maintain a data base of individuals who have been victims of identity theft. The department shall provide a victim of identity theft or his or her authorized representative access to the data base in order to establish that the individual has been a victim of identity theft. Access to the data base shall be limited to criminal justice agencies, victims of identity theft, and individuals and agencies authorized by the victims. (d) The Department of Justice shall establish and maintain a toll-free telephone number to provide access to information under subdivision (c). (e) This section shall be operative September 1, 2001. (Amended by Stats. 2001, Ch. 854, Sec. 30. Effective January 1, 2002.)
  31. 530.8.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    A person whose name was used for an unauthorized application or account can get related records if they provide the required report and identifying information.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 530.8. (a) If a person discovers that an application in their name for a loan, credit line or account, credit card, charge card, public utility service, mail receiving or forwarding service, office or desk space rental service, or commercial mobile radio service has been filed with any person or entity by an unauthorized person, or that an account in their name has been opened with a bank, trust company, savings association, credit union, public utility, mail receiving or forwarding service, office or desk space rental service, or commercial mobile radio service provider by an unauthorized person, then, upon presenting to the person or entity with which the application was filed or the account was opened a copy of a police report prepared pursuant to Section 530.6 or a copy of a signed and submitted Federal Trade Commission (FTC) identity theft report and identifying information in the categories of information that the unauthorized person used to complete the application or to open the account, the person, or a law enforcement officer specified by the person, shall be entitled to receive information related to the application or account, including a copy of the unauthorized person’s application or application information and a record of transactions or charges associated with the application or account. Upon request by the person in whose name the application was filed or in whose name the account was opened, the person or entity with which the application was filed shall inform them of the categories of identifying information that the unauthorized person used to complete the application or to open the account. The person or entity with which the application was filed or the account was opened shall provide copies of all paper records, records of telephone applications or authorizations, or records of electronic applications or authorizations required by this section, without charge, within 10 business days of receipt of the person’s request and submission of the required copy of the police report or Federal Trade Commission (FTC) identity theft report and identifying information. (b) Any request made pursuant to subdivision (a) to a person or entity subject to the provisions of Section 2891 of the Public Utilities Code shall be in writing and the requesting person shall be deemed to be the subscriber for purposes of that section. (c) (1) Before a person or entity provides copies to a law enforcement officer pursuant to subdivision (a), the person or entity may require the requesting person to submit a signed and dated statement by which the requesting person does all of the following: (A) Authorizes disclosure for a stated period. (B) Specifies the name of the agency or department to which the disclosure is authorized. (C) Identifies the types of records that the requesting person authorizes to be disclosed. (2) The person or entity shall include in the statement to be signed by the requesting person a notice that the requesting person has the right at any time to revoke the authorization. (d) (1) A failure to produce records pursuant to subdivision (a) shall be addressed by the court in the jurisdiction in which the victim resides or in which the request for information was issued. At the victim’s request, the Attorney General, the district attorney, or the prosecuting city attorney may file a petition to compel the attendance of the person or entity in possession of the records, as described in subdivision (a), and order the production of the requested records to the court. The petition shall contain a declaration from the victim stating when the request for information was made, that the information requested was not provided, and what response, if any, was made by the person or entity. The petition shall also contain copies of the police report prepared pursuant to Section 530.6 or the FTC identity theft report and the request for information made pursuant to this section upon the person or entity in possession of the records, as described in subdivision (a), and these two documents shall be kept confidential by the court. The petition and copies of the police report or the FTC identity theft report and the application shall be served upon the person or entity in possession of the records, as described in subdivision (a). The court shall hold a hearing on the petition no later than 10 court days after the petition is served and filed. The court shall order the release of records to the victim as required pursuant to this section. (2) In addition to any other civil remedy available, the victim may bring a civil action against the entity for damages, injunctive relief, or other equitable relief, and a penalty of one hundred dollars ($100) per day of noncompliance, plus reasonable attorney’s fees. (e) For the purposes of this section, the following terms have the following meanings: (1) “Application” means a new application for credit or service, the addition of authorized users to an existing account, the renewal of an existing account, or any other changes made to an existing account. (2) “Commercial mobile radio service” means “commercial mobile radio service” as defined in Section 20.3 of Title 47 of the Code of Federal Regulations. (3) “Law enforcement officer” means a peace officer as defined by Section 830.1. (4) “Person” means a natural person, firm, association, organization, partnership, business trust, company, corporation, limited liability company, or public entity. (Amended by Stats. 2021, Ch. 265, Sec. 5. (AB 430) Effective January 1, 2022.)
  32. 531.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    A person who helps or takes part in a fraudulent conveyance meant to deceive, defraud, or delay creditors commits a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 531. Every person who is a party to any fraudulent conveyance of any lands, tenements, or hereditaments, goods or chattels, or any right or interest issuing out of the same, or to any bond, suit, judgment, or execution, contract or conveyance, had, made, or contrived with intent to deceive and defraud others, or to defeat, hinder, or delay creditors or others of their just debts, damages, or demands; or who, being a party as aforesaid, at any time wittingly and willingly puts in, uses, avows, maintains, justifies, or defends the same, or any of them, as true, and done, had, or made in good faith, or upon good consideration, or aliens, assigns, or sells any of the lands, tenements, hereditaments, goods, chattels, or other things before mentioned, to him or them conveyed as aforesaid, or any part thereof, is guilty of a misdemeanor. (Enacted 1872.)
  33. 531a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    A person who defrauds by knowingly executing or filing certain false property-conveyance instruments is guilty of a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 531a. Every person who, with intent to defraud, knowingly executes or procures another to execute any instrument purporting to convey any real property, or any right or interest therein, knowing that such person so executing has no right to or interest in such property, or who files or procures the filing of any such instrument, knowing that the person executing the same had no right, title or interest in the property so purported to be conveyed, is guilty of a misdemeanor and is punishable by imprisonment for not more than one year or by fine of five thousand dollars or both. (Added by Stats. 1929, Ch. 337.)
  34. 532.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    Using false or fraudulent representations to defraud someone of money, labor, or property is punishable like larceny.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 532. (a) Every person who knowingly and designedly, by any false or fraudulent representation or pretense, defrauds any other person of money, labor, or property, whether real or personal, or who causes or procures others to report falsely of his or her wealth or mercantile character, and by thus imposing upon any person obtains credit, and thereby fraudulently gets possession of money or property, or obtains the labor or service of another, is punishable in the same manner and to the same extent as for larceny of the money or property so obtained. (b) Upon a trial for having, with an intent to cheat or defraud another designedly, by any false pretense, obtained the signature of any person to a written instrument, or having obtained from any person any labor, money, or property, whether real or personal, or valuable thing, the defendant cannot be convicted if the false pretense was expressed in language unaccompanied by a false token or writing, unless the pretense, or some note or memorandum thereof is in writing, subscribed by or in the handwriting of the defendant, or unless the pretense is proven by the testimony of two witnesses, or that of one witness and corroborating circumstances. This section does not apply to a prosecution for falsely representing or personating another, and, in that assumed character, marrying, or receiving any money or property. (Amended by Stats. 1989, Ch. 897, Sec. 22.)
  35. 532a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    It is a crime to knowingly make or use false written statements about someone’s financial condition or ability to pay to obtain money, credit, property, or similar benefits.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 532a. (1) Any person who shall knowingly make or cause to be made, either directly or indirectly or through any agency whatsoever, any false statement in writing, with intent that it shall be relied upon, respecting the financial condition, or means or ability to pay, of himself or herself, or any other person, firm or corporation, in whom he or she is interested, or for whom he or she is acting, for the purpose of procuring in any form whatsoever, either the delivery of personal property, the payment of cash, the making of a loan or credit, the extension of a credit, the execution of a contract of guaranty or suretyship, the discount of an account receivable, or the making, acceptance, discount, sale or endorsement of a bill of exchange, or promissory note, for the benefit of either himself or herself or of that person, firm or corporation shall be guilty of a public offense. (2) Any person who knowing that a false statement in writing has been made, respecting the financial condition or means or ability to pay, of himself or herself, or a person, firm or corporation in which he or she is interested, or for whom he or she is acting, procures, upon the faith thereof, for the benefit either of himself or herself, or of that person, firm or corporation, either or any of the things of benefit mentioned in the first subdivision of this section shall be guilty of a public offense. (3) Any person who knowing that a statement in writing has been made, respecting the financial condition or means or ability to pay of himself or herself or a person, firm or corporation, in which he or she is interested, or for whom he or she is acting, represents on a later day in writing that the statement theretofore made, if then again made on said day, would be then true, when in fact, said statement if then made would be false, and procures upon the faith thereof, for the benefit either of himself or herself or of that person, firm or corporation either or any of the things of benefit mentioned in the first subdivision of this section shall be guilty of a public offense. (4) Any person committing a public offense under subdivision (1), (2), or (3) shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000), or by imprisonment in the county jail for not more than six months, or by both that fine and imprisonment. Any person who violates the provisions of subdivision (1), (2), or (3), by using a fictitious name, social security number, business name, or business address, or by falsely representing himself or herself to be another person or another business, is guilty of a felony and is punishable by a fine not exceeding five thousand dollars ($5,000) or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment, or by a fine not exceeding two thousand five hundred dollars ($2,500) or by imprisonment in the county jail not exceeding one year, or by both such fine and imprisonment. (5) This section shall not be construed to preclude the applicability of any other provision of the criminal law of this state which applies or may apply to any transaction. (Amended by Stats. 2011, Ch. 15, Sec. 384. (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.)
  36. 532b

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    This section makes several kinds of false military impersonation or related fraud a misdemeanor, with a small face-to-face solicitation exception.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 532b. (a) A person who fraudulently represents themselves as a veteran or ex-serviceman of a war in which the United States was engaged, in connection with the soliciting of aid or the sale or attempted sale of any property, is guilty of a misdemeanor. (b) A person who fraudulently claims, or presents themselves, to be a veteran or member of the Armed Forces of the United States, the California National Guard, the State Guard, the Naval Militia, the national guard of any other state, or any other reserve component of the Armed Forces of the United States, with the intent to obtain money, property, or other tangible benefit, is guilty of a misdemeanor. (c) (1) Except as provided in paragraph (2), a person who, orally, in writing, or by wearing any military decoration, fraudulently represents themselves to have been awarded a military decoration, with the intent to obtain money, property, or other tangible benefit, is guilty of a misdemeanor. (2) This offense is an infraction or a misdemeanor, subject to Sections 19.6, 19.7, and 19.8, if the person committing the offense is a veteran of the Armed Forces of the United States. (d) A person who forges documentation reflecting the awarding of a military decoration that the person has not received for the purposes of obtaining money, property, or receiving a tangible benefit is guilty of a misdemeanor. (e) A person who knowingly, with the intent to impersonate and to deceive, for the purposes of obtaining money, property, or receiving a tangible benefit, misrepresents themselves as a member or veteran of the Armed Forces of the United States, the California National Guard, the State Guard, or the Naval Militia by wearing the uniform or military decoration authorized for use by the members or veterans of those forces, is guilty of a misdemeanor. (f) A person who knowingly utilizes falsified military identification for the purposes of obtaining money, property, or receiving a tangible benefit, is guilty of a misdemeanor. (g) A person who knowingly, with the intent to impersonate, for the purposes of promoting a business, charity, or endeavor, misrepresents themselves as a member or veteran of the Armed Forces of the United States, the California National Guard, the State Guard, or the Naval Militia by wearing the uniform or military decoration authorized for use by the members or veterans of those forces, is guilty of a misdemeanor. (h) A person who knowingly, with the intent to gain an advantage for employment purposes, misrepresents themselves, as a member or veteran of the Armed Forces of the United States, the California National Guard, the State Guard, or the Naval Militia by wearing the uniform or military decoration authorized for use by the members or veterans of those forces, is guilty of a misdemeanor. (i) This section does not apply to face-to-face solicitations involving less than ten dollars ($10). (j) This section, Section 3003 of the Government Code, and Section 1821 of the Military and Veterans Code shall be known, and may be cited as, the California Stolen Valor Act. (k) For purposes of this section, the following terms shall have the following meanings: (1) “Military decoration” means any decoration or medal from the Armed Forces of the United States, the California National Guard, the State Guard, or the Naval Militia, or any service medals or badges awarded to the members of those forces, or the ribbon, button, or rosette of that badge, decoration, or medal, or any colorable imitation of that item. (2) “Tangible benefit” means financial remuneration, an effect on the outcome of a criminal or civil court proceeding, or any benefit relating to service in the military that is provided by a federal, state, or local governmental entity. (Amended by Stats. 2020, Ch. 97, Sec. 45. (AB 2193) Effective January 1, 2021.)
  37. 532c

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    A person, firm, corporation, or copartnership that knowingly and designedly makes the described offer or gift of real property and charges or collects transfer fees commits a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 532c. Any person, firm, corporation or copartnership who knowingly and designedly offers or gives with winning numbers at any drawing of numbers or with tickets of admission to places of public assemblage, any lot or parcel of real property and charges or collects fees in connection with the transfer thereof, is guilty of a misdemeanor. (Added by renumbering Section 532a (as added by Stats. 1913, Ch. 70) by Stats. 1935, Ch. 338.)
  38. 532d

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    A person who solicits money or property for certain charitable purposes and makes a false unqualified factual statement about the solicitation may be guilty of a misdemeanor and face jail time, a fine, or both.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 532d. (a) Any person who solicits or attempts to solicit or receives money or property of any kind for a charitable, religious or eleemosynary purpose and who, directly or indirectly, makes, utters, or delivers, either orally or in writing, an unqualified statement of fact concerning the purpose or organization for which the money or property is solicited or received, or concerning the cost and expense of solicitation or the manner in which the money or property or any part thereof is to be used, which statement is in fact false and was made, uttered, or delivered by that person either willfully and with knowledge of its falsity or negligently without due consideration of those facts which by the use of ordinary care he or she should have known, is guilty of a misdemeanor, and is punishable by imprisonment in the county jail for not more than one year, by a fine not exceeding five thousand dollars ($5,000), or by both that imprisonment and fine. (b) An offense charged in violation of this section shall be proven by the testimony of one witness and corroborating circumstances. (c) Nothing contained in this section shall be construed to limit the right of any city, county, or city and county to adopt regulations for charitable solicitations which are not in conflict with this section. (Amended by Stats. 1998, Ch. 166, Sec. 1. Effective January 1, 1999.)
  39. 532e

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    A person who takes money for construction-related services, labor, materials, or equipment and then willfully rebates part of it to the contracting party commits a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 532e. Any person who receives money for the purpose of obtaining or paying for services, labor, materials or equipment incident to constructing improvements on real property and willfully rebates any part of the money to or on behalf of anyone contracting with such person, for provision of the services, labor, materials or equipment for which the money was given, shall be guilty of a misdemeanor; provided, however, that normal trade discount for prompt payment shall not be considered a violation of this section. (Added by Stats. 1965, Ch. 1145.)
  40. 532f

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    This section defines mortgage fraud, sets record-production procedures, and provides penalties and exceptions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 532f. (a) A person commits mortgage fraud if, with the intent to defraud, the person does any of the following: (1) Deliberately makes any misstatement, misrepresentation, or omission during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process. (2) Deliberately uses or facilitates the use of any misstatement, misrepresentation, or omission, knowing the same to contain a misstatement, misrepresentation, or omission, during the mortgage lending process with the intention that it be relied on by a mortgage lender, borrower, or any other party to the mortgage lending process. (3) Receives any proceeds or any other funds in connection with a mortgage loan closing that the person knew resulted from a violation of paragraph (1) or (2) of this subdivision. (4) Files or causes to be filed with the recorder of any county in connection with a mortgage loan transaction any document the person knows to contain a material misstatement, misrepresentation, or omission. (b) In addition to those offenses listed in subdivision (a), a mortgage broker or person who originates a loan commits mortgage fraud if, with the intent to defraud, the person does either of the following: (1) Instructs or otherwise deliberately causes a borrower to sign documents reflecting the terms of a business, commercial, or agricultural loan, with knowledge that the borrower intends to use the loan proceeds primarily for personal, family, or household use. (2) Instructs or otherwise deliberately causes a borrower to sign documents reflecting the terms of a bridge loan, with knowledge that the loan proceeds will be not used to acquire or construct a new dwelling. For purposes of this subdivision, a bridge loan is any temporary loan, having a maturity of one year or less, for the purpose of acquisition or construction of a dwelling intended to become the consumer’s principal dwelling. (c) An offense involving mortgage fraud shall not be based solely on information lawfully disclosed pursuant to federal disclosure laws, regulations, or interpretations related to the mortgage lending process. (d) (1) Notwithstanding any other provision of law, an order for the production of any or all relevant records possessed by a real estate recordholder in whatever form and however stored may be issued by a judge upon a written ex parte application made under penalty of perjury by a peace officer stating that there are reasonable grounds to believe that the records sought are relevant and material to an ongoing investigation of a felony fraud violation. (2) The ex parte application shall specify with particularity the records to be produced, which shall relate to a party or parties in the criminal investigation. (3) Relevant records may include, but are not limited to, purchase contracts, loan applications, settlement statements, closing statements, escrow instructions, payoff demands, disbursement reports, or checks. (4) The ex parte application and any subsequent judicial order may be ordered sealed by the court upon a sufficient showing that it is necessary for the effective continuation of the investigation. (5) The records ordered to be produced shall be provided to the peace officer applicant or their designee within a reasonable time period after service of the order upon the real estate recordholder. (e) (1) Nothing in this section shall preclude the real estate recordholder from notifying a customer of the receipt of the order for production of records, unless a court orders the real estate recordholder to withhold notification to the customer upon a finding that this notice would impede the investigation. (2) If a court has made an order to withhold notification to the customer under this subdivision, the peace officer who or law enforcement agency that obtained the records shall notify the customer by delivering a copy of the ex parte order to the customer within 10 days of the termination of the investigation. (f) (1) Nothing in this section shall preclude the real estate recordholder from voluntarily disclosing information or providing records to law enforcement upon request. (2) This section shall not preclude a real estate recordholder, in its discretion, from initiating contact with, and thereafter communicating with and disclosing records to, appropriate state or local agencies concerning a suspected violation of any law. (g) No real estate recordholder, or any officer, employee, or agent of the real estate recordholder, shall be liable to any person for either of the following: (1) Disclosing information in response to an order pursuant to this section. (2) Complying with an order under this section not to disclose to the customer the order, or the dissemination of information pursuant to the order. (h) Any records required to be produced pursuant to this section shall be accompanied by an affidavit of a custodian of records of the real estate recordholder or other qualified witness which states, or includes in substance, all of the following: (1) The affiant is the duly authorized custodian of the records or other qualified witness and has authority to certify the records. (2) The identity of the records. (3) A description of the mode of preparation of the records. (4) The records were prepared by the personnel of the business in the regular course of business at or near the time of an act, condition, or event. (5) Any copies of records described in the order are true copies. (i) A person who violates this section is guilty of a public offense punishable by imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170. (j) For the purposes of this section, the following terms shall have the following meanings: (1) “Person” means any individual, partnership, firm, association, corporation, limited liability company, or other legal entity. (2) “Mortgage lending process” means the process through which a person seeks or obtains a mortgage loan, including, but not limited to, solicitation, application, origination, negotiation of terms, third-party provider services, underwriting, signing and closing, and funding of the loan. (3) “Mortgage loan” means a loan or agreement to extend credit to a person that is secured by a deed of trust or other document representing a security interest or lien upon any interest in real property, including the renewal or refinancing of the loan. (4) “Real estate recordholder” means any person, licensed or unlicensed, that meets any of the following conditions: (A) Is a title insurer that engages in the “business of title insurance” as defined by Section 12340.3 of the Insurance Code, an underwritten title company, or an escrow company. (B) Functions as a broker or salesperson by engaging in any of the type of acts set forth in Sections 10131, 10131.1, 10131.2, 10131.3, 10131.4, and 10131.6 of the Business and Professions Code. (C) Engages in the making or servicing of loans secured by real property. (k) Fraud involving a mortgage loan may only be prosecuted under this section when the value of the alleged fraud meets the threshold for grand theft as set out in subdivision (a) of Section 487. (Amended by Stats. 2024, Ch. 517, Sec. 2. (AB 3108) Effective January 1, 2025.)
  41. 533.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    A person who has already sold or agreed to sell land or a town lot must not later resell or re-contract to sell the same property, or any part of it, if done willfully and with intent to defraud purchasers.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 533. Every person who, after once selling, bartering, or disposing of any tract of land or town lot, or after executing any bond or agreement for the sale of any land or town lot, again willfully and with intent to defraud previous or subsequent purchasers, sells, barters, or disposes of the same tract of land or town lot, or any part thereof, or willfully and with intent to defraud previous or subsequent purchasers, executes any bond or agreement to sell, barter, or dispose of the same land or lot, or any part thereof, to any other person for a valuable consideration, is punishable by imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2011, Ch. 15, Sec. 386. (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.)
  42. 534.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    A married person or registered domestic partner who falsely claims to be able to sell or mortgage real estate needing spouse consent, and then does so, commits a felony.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 534. Every person who is married or in a registered domestic partnership, who falsely and fraudulently represents himself or herself as competent to sell or mortgage any real estate, to the validity of which sale or mortgage the assent or concurrence of his or her spouse is necessary, and under such representations willfully conveys or mortgages the same, is guilty of a felony. (Amended by Stats. 2016, Ch. 50, Sec. 73. (SB 1005) Effective January 1, 2017.)
  43. 535.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    A person who gets money, property, or a signature through false or fraudulent auction sales or mock auctions can be punished with jail, a fine, or both, and may be barred from acting as an auctioneer for three years.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 535. Every person who obtains any money or property from another, or obtains the signature of another to any written instrument, the false making of which would be forgery, by means of any false or fraudulent sale of property or pretended property, by auction, or by any of the practices known as mock auctions, is punishable by imprisonment in a county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment, and, in addition, is disqualified for a period of three years from acting as an auctioneer in this state. (Amended by Stats. 2011, Ch. 15, Sec. 387. (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.)
  44. 536.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    A commission merchant, broker, agent, factor, or consignee must not willfully and corruptly make or cause a false statement to the principal or consignor about sale price, quality, quantity, or related expenditures.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 536. Every commission merchant, broker, agent, factor, or consignee, who shall willfully and corruptly make, or cause to be made, to the principal or consignor of such commission merchant, agent, broker, factor, or consignee, a false statement as to the price obtained for any property consigned or entrusted for sale, or as to the quality or quantity of any property so consigned or entrusted, or as to any expenditures made in connection therewith, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be punished by fine not exceeding one thousand dollars ($1,000) and not less than two hundred dollars ($200), or by imprisonment in the county jail not exceeding six months and not less than 10 days, or by both such fine and imprisonment. (Amended by Stats. 1983, Ch. 1092, Sec. 299. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  45. 536a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    Commission merchants, brokers, factors, or consignees must give a written sales statement to the principal or consignor when demanded in writing, with a limited exception for certain cash sales under fifty dollars.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 536a. It is hereby made the duty of every commission merchant, broker, factor, or consignee, to whom any property is consigned or entrusted for sale, to make, when accounting therefor or subsequently, upon the written demand of his principal or consignor, a true written statement setting forth the name and address of the person or persons to whom a sale of the said property, or any portion thereof, was made, the quantity so sold to each purchaser, and the respective prices obtained therefor; provided, however, that unless separate written demand shall be made as to each consignment or shipment regarding which said statement is desired, prior to sale, it shall be sufficient to set forth in said statement only so many of said matters above enumerated as said commission merchant, broker, factor, or consignee may be able to obtain from the books of account kept by him; and that said statement shall not be required in case of cash sales where the amount of the transaction is less than fifty dollars. Any person violating the provisions of this section is guilty of a misdemeanor. (Added by Stats. 1909, Ch. 706.)
  46. 537.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    This section makes it an offence to take listed lodging or food services without paying, to get credit by false pretenses, or to use ski facilities or resell ski lift tickets without required payment or authorization.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 537. (a) Any person who obtains any food, fuel, services, or accommodations at a hotel, inn, restaurant, boardinghouse, lodginghouse, apartment house, bungalow court, motel, marina, marine facility, autocamp, ski area, or public or private campground, without paying therefor, with intent to defraud the proprietor or manager thereof, or who obtains credit at an hotel, inn, restaurant, boardinghouse, lodginghouse, apartment house, bungalow court, motel, marina, marine facility, autocamp, or public or private campground by the use of any false pretense, or who, after obtaining credit, food, fuel, services, or accommodations, at an hotel, inn, restaurant, boardinghouse, lodginghouse, apartment house, bungalow court, motel, marina, marine facility, autocamp, or public or private campground, absconds, or surreptitiously, or by force, menace, or threats, removes any part of his or her baggage therefrom with the intent not to pay for his or her food or accommodations is guilty of a public offense punishable as follows: (1) If the value of the credit, food, fuel, services, or accommodations is nine hundred fifty dollars ($950) or less, by a fine not exceeding one thousand dollars ($1,000) or by imprisonment in the county jail for a term not exceeding six months, or both. (2) If the value of the credit, food, fuel, services, or accommodations is greater than nine hundred fifty dollars ($950), by imprisonment in a county jail for a term of not more than one year, or in the state prison. (b) Any person who uses or attempts to use ski area facilities for which payment is required without paying as required, or who resells a ski lift ticket to another when the resale is not authorized by the proprietor, is guilty of an infraction. (c) Evidence that a person left the premises of such an hotel, inn, restaurant, boardinghouse, lodginghouse, apartment house, bungalow court, motel, marina, marine facility, autocamp, ski area, or public or private campground, without paying or offering to pay for such food, fuel, services, use of facilities, or accommodation, or that the person, without authorization from the proprietor, resold his or her ski lift ticket to another person after making use of such facilities, shall be prima facie evidence of the following: (1) That the person obtained such food, fuel, services, use of facilities or accommodations with intent to defraud the proprietor or manager. (2) That, if, after obtaining the credit, food, fuel, services, or accommodations, the person absconded, or surreptitiously, or by force, menace, or threats, removed part of his or her baggage therefrom, the person did so with the intent not to pay for the credit, food, fuel, services, or accommodations. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 28, Sec. 27. (SB 18 3x) Effective January 25, 2010.)
  47. 537b

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    A person who uses a profitable livery or feed stable in the listed fraudulent or abusive ways is guilty of a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 537b. Any person who obtains any livery hire or other accommodation at any livery or feed stable, kept for profit, in this state, without paying therefor, with intent to defraud the proprietor or manager thereof; or who obtains credit at any such livery or feed stable by the use of any false pretense; or who after obtaining a horse, vehicle, or other property at such livery or feed stable, willfully or maliciously abuses the same by beating, goading, overdriving or other willful or malicious conduct, or who after obtaining such horse, vehicle, or other property, shall, with intent to defraud the owner, manager or proprietor of such livery or feed stable, keep the same for a longer period, or take the same to a greater distance than contracted for; or allow a feed bill or other charges to accumulate against such property, without paying therefor; or abandon or leave the same, is guilty of a misdemeanor. (Added by renumbering Section 537¾ by Stats. 1905, Ch. 523.)
  48. 537c

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    People who run or control certain stables, or who pasture stock, must not use or let others use an animal or vehicle they hold for someone else without the owner's consent.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 537c. Every owner, manager, proprietor, or other person, having the management, charge or control of any livery stable, feed or boarding stable, and every person pasturing stock, who shall receive and take into his possession, charge, care or control, any horse, mare, or other animal, or any buggy, or other vehicle, belonging to any other person, to be by him kept, fed, or cared for, and who, while said horse, mare or other animal or buggy or other vehicle, is thus in his possession, charge, care or under his control, as aforesaid, shall drive, ride or use, or knowingly permit or allow any person other than the owner or other person entitled so to do, to drive, ride, or otherwise use the same, without the consent or permission of the owner thereof, or other person charged with the care, control or possession of such property, shall be guilty of a misdemeanor. (Added by Stats. 1909, Ch. 178.)
  49. 537e

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    It is an offence to knowingly buy, sell, receive, dispose of, conceal, or possess personal property whose serial number or similar identifying mark has been removed or altered, unless a listed business-practice exception applies.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 537e. (a) Any person who knowingly buys, sells, receives, disposes of, conceals, or has in his or her possession any personal property from which the manufacturer’s serial number, identification number, electronic serial number, or any other distinguishing number or identification mark has been removed, defaced, covered, altered, or destroyed, is guilty of a public offense, punishable as follows: (1) If the value of the property does not exceed nine hundred fifty dollars ($950), by imprisonment in a county jail not exceeding six months. (2) If the value of the property exceeds nine hundred fifty dollars ($950), by imprisonment in a county jail not exceeding one year. (3) If the property is an integrated computer chip or panel of a value of nine hundred fifty dollars ($950) or more, by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years or by imprisonment in a county jail not exceeding one year. (b) For purposes of this subdivision, “personal property” includes, but is not limited to, the following: (1) Any television, radio, recorder, phonograph, telephone, piano, or any other musical instrument or sound equipment. (2) Any washing machine, sewing machine, vacuum cleaner, or other household appliance or furnishings. (3) Any typewriter, adding machine, dictaphone, or any other office equipment or furnishings. (4) Any computer, printed circuit, integrated chip or panel, or other part of a computer. (5) Any tool or similar device, including any technical or scientific equipment. (6) Any bicycle, exercise equipment, or any other entertainment or recreational equipment. (7) Any electrical or mechanical equipment, contrivance, material, or piece of apparatus or equipment. (8) Any clock, watch, watch case, or watch movement. (9) Any vehicle or vessel, or any component part thereof. (c) When property described in subdivision (a) comes into the custody of a peace officer it shall become subject to the provision of Chapter 12 (commencing with Section 1407) of Title 10 of Part 2, relating to the disposal of stolen or embezzled property. Property subject to this section shall be considered stolen or embezzled property for the purposes of that chapter, and prior to being disposed of, shall have an identification mark imbedded or engraved in, or permanently affixed to it. (d) This section does not apply to those cases or instances where any of the changes or alterations enumerated in subdivision (a) have been customarily made or done as an established practice in the ordinary and regular conduct of business, by the original manufacturer, or by his or her duly appointed direct representative, or under specific authorization from the original manufacturer. (Amended by Stats. 2011, Ch. 15, Sec. 388. (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.)
  50. 537f

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    People selling or offering for sale certain rebuilt storage batteries in this state must label them with “Rebuilt” and the rebuilder’s name and address in the specified size and stroke.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 537f. No storage battery composed in whole or in part of a used container, or used plate or plates and intended for use in the starting, lighting or ignition of automobiles, shall be sold or offered for sale in this State unless: the word “Rebuilt” together with the rebuilder’s name and address is labeled on one side of the battery in letters not less than one-half inch in height with a one-eighth inch stroke. Any person selling or offering for sale such a battery in violation of this section shall be guilty of a misdemeanor, punishable by a fine not exceeding two hundred fifty dollars, or by imprisonment in the county jail for not more than six months, or by both such fine and imprisonment. (Added by Stats. 1933, Ch. 925.)
  51. 537g

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    A person who knowingly changes or destroys a National Crime Information Center owner identification number on someone else’s property without permission commits a misdemeanor, unless a listed disposal exception applies.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 537g. (a) Unless otherwise provided by law, any person who knowingly removes, defaces, covers, alters or destroys a National Crime Information Center owner identification number from the personal property of another without permission is guilty of a misdemeanor punishable by a fine not to exceed four hundred dollars ($400), imprisonment in the county jail not to exceed one year, or both. (b) This section shall not apply to any action taken by an authorized person to dispose of property pursuant to Article 1 (commencing with Section 2080) of Chapter 4 of Title 6 of Part 4 of Division 3 of the Civil Code or pursuant to Chapter 12 (commencing with Section 1407) of Title 10 of Part 2 of this code. (Added by Stats. 1983, Ch. 878, Sec. 2.)
  52. 538.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    A person who, with intent to defraud the mortgagee, moves or disposes of mortgaged property without the required written consent can be guilty of theft and punished accordingly.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 538. Every person, who, after mortgaging any of the property permitted to be mortgaged by the provisions of Sections 9102 and 9109 of the Commercial Code, excepting locomotives, engines, rolling stock of a railroad, steamboat machinery in actual use, and vessels, during the existence of the mortgage, with intent to defraud the mortgagee, his or her representative or assigns, takes, drives, carries away, or otherwise removes or permits the taking, driving, or carrying away, or other removal of the mortgaged property, or any part thereof, from the county where it was situated when mortgaged, without the written consent of the mortgagee, or who sells, transfers, slaughters, destroys, or in any manner further encumbers the mortgaged property, or any part thereof, or causes it to be sold, transferred, slaughtered, destroyed, or further encumbered, is guilty of theft, and is punishable accordingly. In the case of a sale, transfer, or further encumbrance at or before the time of making the sale, transfer, or encumbrance, the mortgagor informs the person to whom the sale, transfer, or encumbrance is made, of the existence of the prior mortgage, and also informs the prior mortgagee of the intended sale, transfer, or encumbrance, in writing, by giving the name and place of residence of the party to whom the sale, transfer, or encumbrance is to be made. (Amended by Stats. 1999, Ch. 991, Sec. 54. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991.)
  53. 538.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    It is an offense to use wire, radio, or television communications to help carry out a scheme to get certain utility information by fraud.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 538.5. Every person who transmits or causes to be transmitted by means of wire, radio or television communication any words, sounds, writings, signs, signals, or pictures for the purpose of furthering or executing a scheme or artifice to obtain, from a public utility, confidential, privileged, or proprietary information, trade secrets, trade lists, customer records, billing records, customer credit data, or accounting data by means of false or fraudulent pretenses, representations, personations, or promises is guilty of an offense punishable by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in the county jail not exceeding one year. (Amended by Stats. 2011, Ch. 15, Sec. 389. (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. 538a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    A person must not sign a letter to a newspaper with someone else’s name and send it, if the intent is to make the newspaper think that person wrote it.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 538a. Every person who signs any letter addressed to a newspaper with the name of a person other than himself and sends such letter to the newspaper, or causes it to be sent to such newspaper, with intent to lead the newspaper to believe that such letter was written by the person whose name is signed thereto, is guilty of a misdemeanor. (Added by renumbering Section 480 (as added by Stats. 1963, Ch. 1256) by Stats. 1972, Ch. 449.)
  55. 538b

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    A person may not wilfully wear or use certain protected insignia or apparel of listed societies or religious organizations to get aid or assistance in the state with intent to deceive, unless entitled to do so under the organization’s rules or other applicable laws.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 538b. Any person who wilfully wears the badge, lapel button, rosette, or any part of the garb, robe, habit, or any other recognized and established insignia or apparel of any secret society, or fraternal or religious order or organization, or of any sect, church or religious denomination, or uses the same to obtain aid or assistance within this State, with intent to deceive, unless entitled to wear and use the same under the constitution, by-laws or rules and regulations, or other laws or enactments of such society, order, organization, sect, church or religious denomination is guilty of a misdemeanor. (Amended by Stats. 1937, Ch. 255.)
  56. 538c

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    It is a misdemeanor to attach or insert an unauthorized advertisement in a newspaper and redistribute it, or intend to redistribute it, to the public, unless an exception applies.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 538c. (a) Except as provided in subdivision (c), any person who attaches or inserts an unauthorized advertisement in a newspaper, whether alone or in concert with another, and who redistributes it to the public or who has the intent to redistribute it to the public, is guilty of the crime of theft of advertising services which shall be punishable as a misdemeanor. (b) As used in this section: (1) “Unauthorized advertisement” means any form of representation or communication, including any handbill, newsletter, pamphlet, or notice that contains any letters, words, or pictorial representation that is attached to or inserted in a newspaper without a contractual agreement between the publisher and an advertiser. (2) “Newspaper” includes any newspaper, magazine, periodical, or other tangible publication, whether offered for retail sale or distributed without charge. (c) This section does not apply if the publisher or authorized distributor of the newspaper consents to the attachment or insertion of the advertisement. (d) This section does not apply to a newspaper distributor who is directed to insert an unauthorized advertisement by a person or company supplying the newspapers, and who is not aware that the advertisement is unauthorized. (e) A conviction under this section shall not constitute a conviction for petty theft. (Amended by Stats. 2002, Ch. 1134, Sec. 1. Effective January 1, 2003.)
  57. 538d

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    This section forbids impersonating law enforcement using uniforms, badges, or related items, and requires uniform vendors to verify buyers’ employment.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 538d. (a) Any person other than one who by law is given the authority of a law enforcement officer, who willfully wears, exhibits, or uses the authorized uniform, insignia, emblem, device, label, certificate, card, or writing, of a law enforcement officer, with the intent of fraudulently impersonating a law enforcement officer, or of fraudulently inducing the belief that they are a law enforcement officer, or who willfully and credibly impersonates a law enforcement officer through or on an internet website, by other electronic means, or by any other means, for purposes of defrauding another, is guilty of a misdemeanor. (b) (1) Any person, other than the one who by law is given the authority of a law enforcement officer, who willfully wears, exhibits, or uses the badge of a law enforcement officer with the intent of fraudulently impersonating a law enforcement officer, or of fraudulently inducing the belief that they are a law enforcement officer, is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine. (2) Any person who willfully wears or uses any badge that falsely purports to be authorized for the use of one who by law is given the authority of a law enforcement officer, or which so resembles the authorized badge of a law enforcement officer as would deceive any ordinary reasonable person into believing that it is authorized for the use of one who by law is given the authority of a law enforcement officer, for the purpose of fraudulently impersonating a law enforcement officer, or of fraudulently inducing the belief that they are a law enforcement officer, is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine. (c) (1) Except as provided in subdivision (d), any person who willfully wears, exhibits, or uses, or who willfully makes, sells, loans, gives, or transfers to another, any badge, insignia, emblem, device, or any label, certificate, card, or writing, which falsely purports to be authorized for the use of one who by law is given the authority of a law enforcement officer, or which so resembles the authorized badge, insignia, emblem, device, label, certificate, card, or writing of a law enforcement officer as would deceive an ordinary reasonable person into believing that it is authorized for the use of one who by law is given the authority of a law enforcement officer, is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed six months, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine, except that any person who makes or sells any badge under the circumstances described in this subdivision is subject to a fine not to exceed fifteen thousand dollars ($15,000). (2) A local law enforcement agency in the jurisdiction that files charges against a person for a violation of paragraph (1) shall seize the badge, insignia, emblem, device, label, certificate, card, or writing described in paragraph (1). (d) (1) The head of an agency that employs peace officers, as defined in Sections 830.1 and 830.2, is authorized to issue identification in the form of a badge, insignia, emblem, device, label, certificate, card, or writing that clearly states that the person has honorably retired following service as a peace officer from that agency. The identification authorized pursuant to this subdivision is separate and distinct from the identification authorized by Article 2 (commencing with Section 25450) of Chapter 2 of Division 5 of Title 4 of Part 6. (2) If the head of an agency issues a badge to an honorably retired peace officer that is not affixed to a plaque or other memento commemorating the retiree’s service for the agency, the words “Honorably Retired” shall be clearly visible above, underneath, or on the badge itself. (3) The head of an agency that employs peace officers as defined in Sections 830.1 and 830.2 is authorized to revoke identification granted pursuant to this subdivision in the event of misuse or abuse. (4) For the purposes of this subdivision, the term “honorably retired” does not include an officer who has agreed to a service retirement in lieu of termination. (e) (1) Vendors of law enforcement uniforms shall verify that a person purchasing a uniform identifying a law enforcement agency is an employee of the agency identified on the uniform. Presentation and examination of a valid identification card with a picture of the person purchasing the uniform and identification, on the letterhead of the law enforcement agency, of the person buying the uniform as an employee of the agency identified on the uniform shall be sufficient verification. (2) Any uniform vendor who sells a uniform identifying a law enforcement agency, without verifying that the purchaser is an employee of the agency, is guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000). (3) This subdivision shall not apply if the uniform is to be used solely as a prop for a motion picture, television, video production, or a theatrical event, and prior written permission has been obtained from the identified law enforcement agency. (f) Solely for purposes of subdivisions (a), (b), and (c) of this section, “law enforcement officer” means a peace officer as defined in Section 830, and any federal law enforcement officer. (Amended by Stats. 2025, Ch. 126, Sec. 3. (SB 805) Effective September 20, 2025.)
  58. 538e

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    This section makes it a misdemeanor to falsely use fire department or state fire marshal insignia, badges, uniforms, or similar items to impersonate those officials, and it requires uniform vendors to verify buyer authorization.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 538e. (a) Any person, other than an officer or member of a fire department, who willfully wears, exhibits, or uses the authorized uniform, insignia, emblem, device, label, certificate, card, or writing of an officer or member of a fire department or a deputy state fire marshal, with the intent of fraudulently impersonating an officer or member of a fire department or the Office of the State Fire Marshal, or of fraudulently inducing the belief that they are an officer or member of a fire department or the Office of the State Fire Marshal, or who willfully and credibly impersonates such an officer or member on an internet website, by other electronic means, or by any other means, for purposes of defrauding another, is guilty of a misdemeanor. (b) (1) Any person, other than the one who by law is given the authority of an officer or member of a fire department, or a deputy state fire marshal, who willfully wears, exhibits, or uses the badge of a fire department or the Office of the State Fire Marshal with the intent of fraudulently impersonating an officer, or member of a fire department, or a deputy state fire marshal, or of fraudulently inducing the belief that they are an officer or member of a fire department, or a deputy state fire marshal, is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine. (2) Any person who willfully wears or uses any badge that falsely purports to be authorized for the use of one who by law is given the authority of an officer or member of a fire department, or a deputy state fire marshal, or which so resembles the authorized badge of an officer or member of a fire department, or a deputy state fire marshal as would deceive any ordinary reasonable person into believing that it is authorized for the use of one who by law is given the authority of an officer or member of a fire department or a deputy state fire marshal, for the purpose of fraudulently impersonating an officer or member of a fire department, or a deputy state fire marshal, or of fraudulently inducing the belief that they are an officer or member of a fire department, or a deputy state fire marshal, is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine. (c) Any person who willfully wears, exhibits, or uses, or who willfully makes, sells, loans, gives, or transfers to another, any badge, insignia, emblem, device, or any label, certificate, card, or writing, which falsely purports to be authorized for the use of one who by law is given the authority of an officer, or member of a fire department or a deputy state fire marshal, or which so resembles the authorized badge, insignia, emblem, device, label, certificate, card, or writing of an officer or member of a fire department or a deputy state fire marshal as would deceive an ordinary reasonable person into believing that it is authorized for use by an officer or member of a fire department or a deputy state fire marshal, is guilty of a misdemeanor, except that any person who makes or sells any badge under the circumstances described in this subdivision is guilty of a misdemeanor punishable by a fine not to exceed fifteen thousand dollars ($15,000). (d) Any person who, for the purpose of selling, leasing or otherwise disposing of merchandise, supplies or equipment used in fire prevention or suppression, falsely represents, in any manner whatsoever, to any other person that they are a fire marshal, fire inspector or member of a fire department, or that they have the approval, endorsement or authorization of any fire marshal, fire inspector or fire department, or member thereof, is guilty of a misdemeanor. (e) (1) Vendors of uniforms shall verify that a person purchasing a uniform identifying a firefighting agency or department is an employee or authorized member of the agency or department identified on the uniform. Examination of a valid photo identification card issued by a firefighting agency or department that designates the person as an employee or authorized member of the agency or department identified on the uniform shall be sufficient verification. (2) If a person purchasing a uniform does not have a valid photo identification card issued by a firefighting agency or department, the person shall present an official letter of authorization from the firefighting agency or department designating that person as an employee or authorized member of the agency or department. The person shall also present a government issued photo identification card bearing the same name as listed in the letter of authorization issued by the agency or department. (3) Any uniform vendor who sells a uniform identifying a firefighting agency or department without verifying that the purchaser is an employee or authorized member of the agency or department is guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars ($1,000). (4) This subdivision shall not apply if the uniform is to be used solely as a prop for a motion picture, television, video production, or a theatrical event, and prior written permission has been obtained from the identified firefighting agency or department. (f) This section shall not apply to either of the following: (1) Use of a badge solely as a prop for a motion picture, television, or video production, or an entertainment or theatrical event. (2) A badge supplied by a recognized employee organization as defined in Section 3501 of the Government Code representing firefighters or a state or international organization to which it is affiliated. (Amended by Stats. 2025, Ch. 126, Sec. 4. (SB 805) Effective September 20, 2025.)
  59. 538f

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    This section makes it a misdemeanor for non-employees of a public utility or district to willfully impersonate such an employee or falsely present themselves as one to a customer, including online or by other electronic means, when done to defraud.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 538f. Any person, other than an employee of a public utility or district as defined in Sections 216 and 11503 of the Public Utilities Code, respectively, who willfully presents themselves to a utility or district customer with the intent of fraudulently personating an employee of a public utility or district, or of fraudulently inducing the belief that they are an employee of a public utility or district, or who willfully and credibly impersonates an employee of a public utility or district on an internet website, by other electronic means, or by any other means, for purposes of defrauding another, is guilty of a misdemeanor and shall be punished by imprisonment in a county jail not to exceed six months, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. Nothing in this section shall be construed to prohibit conduct that arguably constitutes protected activity under state labor law or the National Labor Relations Act (Title 29, United States Code, Section 151 and following). (Amended by Stats. 2025, Ch. 126, Sec. 5. (SB 805) Effective September 20, 2025.)
  60. 538g

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    It is a misdemeanor to impersonate certain public officers by using their badges or insignia, and selling or transferring fake-looking badges can also be punished.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 538g. (a) Any person, other than a state, county, city, special district, or city and county officer or employee, who willfully wears, exhibits, or uses the authorized badge, photographic identification card, or insignia of a state, county, city, special district, or city and county officer or employee, with the intent of fraudulently personating a state, county, city, special district, or city and county officer or employee, or of fraudulently inducing the belief that they are a state, county, city, special district, or city and county officer or employee, or who willfully and credibly impersonates such an officer or member on an internet website, by other electronic means, or by any other means, for purposes of defrauding another, is guilty of a misdemeanor. (b) Any person who willfully wears, exhibits, or uses, or willfully makes, sells, loans, gives, or transfers to another, any badge, photographic identification card, or insignia, which falsely purports to be for the use of a state, county, city, special district, or city and county officer or employee, or which so resembles the authorized badge, photographic identification card, or insignia of a state, county, city, special district, or city and county officer or employee as would deceive an ordinary reasonable person into believing that it is authorized for use by a state, county, city, special district, or city and county officer or employee, is guilty of a misdemeanor, except that any person who makes or sells any badge under the circumstances described in this subdivision is subject to a fine not to exceed fifteen thousand dollars ($15,000). (c) This section shall not apply to either of the following: (1) Use of a badge solely as a prop for a motion picture, television, or video production, or an entertainment or theatrical event. (2) A badge supplied by a recognized employee organization as defined in Section 3501 of the Government Code or a state or international organization to which it is affiliated. (Amended by Stats. 2025, Ch. 126, Sec. 6. (SB 805) Effective September 20, 2025.)
  61. 538h

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    This section makes it a misdemeanor to falsely impersonate a government-agency search and rescue officer or member, or to misuse related uniforms, insignia, or badges.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 538h. (a) Any person, other than an officer or member of a government agency managed or affiliated search and rescue unit or team, who willfully wears, exhibits, or uses the authorized uniform, insignia, emblem, device, label, certificate, card, or writing of an officer or member of a government agency managed or affiliated search and rescue unit or team, with the intent of fraudulently impersonating an officer or member of a government agency managed or affiliated search and rescue unit or team, or of fraudulently inducing the belief that they are an officer or member of a government agency managed or affiliated search and rescue unit or team, or uses the same to obtain aid, money, or assistance within this state, or who willfully and credibly impersonates such an officer or member on an internet website, by other electronic means, or by any other means, for purposes of defrauding another, is guilty of a misdemeanor. (b) (1) Any person, other than the one who by law is given the authority of an officer or member of a government agency managed or affiliated search and rescue unit or team, who willfully wears, exhibits, or uses the badge of a government agency managed or affiliated search and rescue unit or team with the intent of fraudulently impersonating an officer or member of a government agency managed or affiliated search and rescue unit or team, or fraudulently inducing the belief that they are an officer or member of a government agency managed or affiliated search and rescue unit or team, is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine. (2) Any person who willfully wears or uses any badge that falsely purports to be authorized for the use of one who by law is given the authority of an officer or member of a government agency managed or affiliated search and rescue unit or team, or that resembles the authorized badge of an officer or member of a government agency managed or affiliated search and rescue unit or team as would deceive any ordinary reasonable person into believing that it is authorized for the use of one who by law is given the authority of an officer or member of a government agency managed or affiliated search and rescue unit or team, for the purpose of fraudulently impersonating an officer or member of a government agency managed or affiliated search and rescue unit or team, or of fraudulently inducing the belief that they are an officer or member of a government agency managed or affiliated search and rescue unit or team, is guilty of a misdemeanor punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed two thousand dollars ($2,000), or by both that fine and imprisonment. (c) As used in this section, the following terms have the following meanings: (1) “Member” means any natural person who is registered with an accredited disaster council for the purpose of engaging in disaster service without pay or other consideration. Food and lodging provided, or expenses reimbursed for these items, during a member’s activation do not constitute other consideration. (2) “Search and rescue unit or team” means an entity engaged in the acts of searching for, rescuing, or recovering by means of ground, marine, or air activity, any person that becomes lost, injured, or is killed while outdoors or as a result of a natural or manmade disaster, including instances involving searches for downed or missing aircraft. (Amended by Stats. 2025, Ch. 126, Sec. 7. (SB 805) Effective September 20, 2025.)
  62. 538i

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    It is a crime for a non-first responder to impersonate a first responder in specified evacuation-related circumstances.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 538i. (a) Any person, other than a first responder, who willfully wears, exhibits, or uses the uniform, insignia, emblem, device, label, certificate, card, or writing of a first responder with the intent of fraudulently impersonating a first responder in an area subject to an evacuation order or who willfully and credibly impersonates a first responder on an internet website, or by other electronic means, during an evacuation order or within 30 days of its termination, for purposes of defrauding another, shall be punished by either imprisonment in a county jail not to exceed one year, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine, or by imprisonment pursuant to subdivision (h) of Section 1170 and by a fine not to exceed twenty thousand dollars ($20,000). (b) For purposes of this section, the following terms have the following meanings: (1) “Evacuation order” has the same meaning as in Section 463. (2) “First responder” means a first responder as defined under Section 8562 of the Government Code, or any employee of the Federal Emergency Management Agency under Section 313 of Subchapter V of Chapter 1 of Title 6 of the United States Code. (Added by Stats. 2025, Ch. 545, Sec. 3. (SB 571) Effective January 1, 2026.)
  63. 539.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. )

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    A person who, with intent to defraud, falsely certifies that a probationer completed required community service hours is guilty of a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 8. False Personation and Cheats [528 - 539] ( Chapter 8 enacted 1872. ) ## 539. Every person who, with the intent to defraud, certifies that a person ordered by the court to participate in community service as a condition of probation has completed the number of hours of community service prescribed in the court order and the participant has not completed the prescribed number of hours, is guilty of a misdemeanor. (Added by Stats. 1993, Ch. 371, Sec. 1. Effective January 1, 1994.)
  64. 548.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 10. Crimes Against Insured Property and Insurers [548 - 551] ( Heading of Chapter 10 renumbered from Chapter 11 by Stats. 1979, Ch. 373. )

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    A person may not willfully damage, hide, abandon, or dispose of insured property with intent to defraud or prejudice the insurer.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 10. Crimes Against Insured Property and Insurers [548 - 551] ( Heading of Chapter 10 renumbered from Chapter 11 by Stats. 1979, Ch. 373. ) ## 548. (a) Every person who willfully injures, destroys, secretes, abandons, or disposes of any property which at the time is insured against loss or damage by theft, or embezzlement, or any casualty with intent to defraud or prejudice the insurer, whether the property is the property or in the possession of that person or any other person, is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years and by a fine not exceeding fifty thousand dollars ($50,000). For purposes of this section, “casualty” does not include fire. (b) Any person who violates subdivision (a) and who has a prior conviction of the offense set forth in that subdivision, in Section 550 of this code, or in former Section 556 or former Section 1871.1 of the Insurance Code, shall receive a two-year enhancement for each prior conviction in addition to the sentence provided under subdivision (a). The existence of any fact which would subject a person to a penalty enhancement shall be alleged in the information or indictment and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury. (Amended by Stats. 2011, Ch. 15, Sec. 390. (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.)
  65. 549.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 10. Crimes Against Insured Property and Insurers [548 - 551] ( Heading of Chapter 10 renumbered from Chapter 11 by Stats. 1979, Ch. 373. )

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    This section makes it a crime to solicit, accept, or refer business when you know, or recklessly disregard, that the deal is intended to violate specified fraud laws. It also requires restitution and sets criminal penalties.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 10. Crimes Against Insured Property and Insurers [548 - 551] ( Heading of Chapter 10 renumbered from Chapter 11 by Stats. 1979, Ch. 373. ) ## 549. Any firm, corporation, partnership, or association, or any person acting in his or her individual capacity, or in his or her capacity as a public or private employee, who solicits, accepts, or refers any business to or from any individual or entity with the knowledge that, or with reckless disregard for whether, the individual or entity for or from whom the solicitation or referral is made, or the individual or entity who is solicited or referred, intends to violate Section 550 of this code or Section 1871.4 of the Insurance Code is guilty of a crime, punishable upon a first conviction by imprisonment in the county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, two years, or three years, or by a fine not exceeding fifty thousand dollars ($50,000) or double the amount of the fraud, whichever is greater, or by both that imprisonment and fine. A second or subsequent conviction is punishable by imprisonment pursuant to subdivision (h) of Section 1170 or by that imprisonment and a fine of fifty thousand dollars ($50,000). Restitution shall be ordered, including restitution for any medical evaluation or treatment services obtained or provided. The court shall determine the amount of restitution and the person or persons to whom the restitution shall be paid. (Amended by Stats. 2011, Ch. 15, Sec. 391. (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.)
  66. 550.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 10. Crimes Against Insured Property and Insurers [548 - 551] ( Heading of Chapter 10 renumbered from Chapter 11 by Stats. 1979, Ch. 373. )

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    Section 550 makes it unlawful to submit or support false or fraudulent insurance-related claims and statements, and it requires restitution and can trigger imprisonment, fines, and sentence enhancements.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 10. Crimes Against Insured Property and Insurers [548 - 551] ( Heading of Chapter 10 renumbered from Chapter 11 by Stats. 1979, Ch. 373. ) ## 550. (a) It is unlawful to do any of the following, or to aid, abet, solicit, or conspire with any person to do any of the following: (1) Knowingly present or cause to be presented any false or fraudulent claim for the payment of a loss or injury, including payment of a loss or injury under a contract of insurance. (2) Knowingly present multiple claims for the same loss or injury, including presentation of multiple claims to more than one insurer, with an intent to defraud. (3) Knowingly cause or participate in a vehicular collision, or any other vehicular accident, for the purpose of presenting any false or fraudulent claim. (4) Knowingly present a false or fraudulent claim for the payments of a loss for theft, destruction, damage, or conversion of a motor vehicle, a motor vehicle part, or contents of a motor vehicle. (5) Knowingly prepare, make, or subscribe any writing, with the intent to present or use it, or to allow it to be presented, in support of any false or fraudulent claim. (6) Knowingly make or cause to be made any false or fraudulent claim for payment of a health care benefit. (7) Knowingly submit a claim for a health care benefit that was not used by, or on behalf of, the claimant. (8) Knowingly present multiple claims for payment of the same health care benefit with an intent to defraud. (9) Knowingly present for payment any undercharges for health care benefits on behalf of a specific claimant unless any known overcharges for health care benefits for that claimant are presented for reconciliation at that same time. (10) For purposes of paragraphs (6) to (9), inclusive, a claim or a claim for payment of a health care benefit also means a claim or claim for payment submitted by or on the behalf of a provider of any workers’ compensation health benefits under the Labor Code. (b) It is unlawful to do, or to knowingly assist or conspire with any person to do, any of the following: (1) Present or cause to be presented any written or oral statement as part of, or in support of or opposition to, a claim for payment or other benefit pursuant to an insurance policy, knowing that the statement contains any false or misleading information concerning any material fact. (2) Prepare or make any written or oral statement that is intended to be presented to any insurer or any insurance claimant in connection with, or in support of or opposition to, any claim or payment or other benefit pursuant to an insurance policy, knowing that the statement contains any false or misleading information concerning any material fact. (3) Conceal, or knowingly fail to disclose the occurrence of, an event that affects any person’s initial or continued right or entitlement to any insurance benefit or payment, or the amount of any benefit or payment to which the person is entitled. (4) Prepare or make any written or oral statement, intended to be presented to any insurer or producer for the purpose of obtaining a motor vehicle insurance policy, that the person to be the insured resides or is domiciled in this state when, in fact, that person resides or is domiciled in a state other than this state. (c) (1) Every person who violates paragraph (1), (2), (3), (4), or (5) of subdivision (a) is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, and by a fine not exceeding fifty thousand dollars ($50,000), or double the amount of the fraud, whichever is greater. (2) Every person who violates paragraph (6), (7), (8), or (9) of subdivision (a) is guilty of a public offense. (A) When the claim or amount at issue exceeds nine hundred fifty dollars ($950), the offense is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, or by a fine not exceeding fifty thousand dollars ($50,000) or double the amount of the fraud, whichever is greater, or by both that imprisonment and fine, or by imprisonment in a county jail not to exceed one year, by a fine of not more than ten thousand dollars ($10,000), or by both that imprisonment and fine. (B) When the claim or amount at issue is nine hundred fifty dollars ($950) or less, the offense is punishable by imprisonment in a county jail not to exceed six months, or by a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine, unless the aggregate amount of the claims or amount at issue exceeds nine hundred fifty dollars ($950) in any 12-consecutive-month period, in which case the claims or amounts may be charged as in subparagraph (A). (3) Every person who violates paragraph (1), (2), (3), or (4) of subdivision (b) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, or by a fine not exceeding fifty thousand dollars ($50,000) or double the amount of the fraud, whichever is greater, or by both that imprisonment and fine, or by imprisonment in a county jail not to exceed one year, or by a fine of not more than ten thousand dollars ($10,000), or by both that imprisonment and fine. (4) Restitution shall be ordered for a person convicted of violating this section, including restitution for any medical evaluation or treatment services obtained or provided. The court shall determine the amount of restitution and the person or persons to whom the restitution shall be paid. (d) Notwithstanding any other provision of law, probation shall not be granted to, nor shall the execution or imposition of a sentence be suspended for, any adult person convicted of felony violations of this section who previously has been convicted of felony violations of this section or Section 548, or of Section 1871.4 of the Insurance Code, or former Section 556 of the Insurance Code, or former Section 1871.1 of the Insurance Code as an adult under charges separately brought and tried two or more times. The existence of any fact that would make a person ineligible for probation under this subdivision shall be alleged in the information or indictment, and either admitted by the defendant in an open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury. Except when the existence of the fact was not admitted or found to be true or the court finds that a prior felony conviction was invalid, the court shall not strike or dismiss any prior felony convictions alleged in the information or indictment. This subdivision does not prohibit the adjournment of criminal proceedings pursuant to Division 3 (commencing with Section 3000) or Division 6 (commencing with Section 6000) of the Welfare and Institutions Code. (e) Except as otherwise provided in subdivision (f), any person who violates subdivision (a) or (b) and who has a prior felony conviction of an offense set forth in either subdivision (a) or (b), in Section 548, in Section 1871.4 of the Insurance Code, in former Section 556 of the Insurance Code, or in former Section 1871.1 of the Insurance Code shall receive a two-year enhancement for each prior felony conviction in addition to the sentence provided in subdivision (c). The existence of any fact that would subject a person to a penalty enhancement shall be alleged in the information or indictment and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury. Any person who violates this section shall be subject to appropriate orders of restitution pursuant to Section 13967 of the Government Code. (f) Any person who violates paragraph (3) of subdivision (a) and who has two prior felony convictions for a violation of paragraph (3) of subdivision (a) shall receive a five-year enhancement in addition to the sentence provided in subdivision (c). The existence of any fact that would subject a person to a penalty enhancement shall be alleged in the information or indictment and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury. (g) Except as otherwise provided in Section 12022.7, any person who violates paragraph (3) of subdivision (a) shall receive a two-year enhancement for each person other than an accomplice who suffers serious bodily injury resulting from the vehicular collision or accident in a violation of paragraph (3) of subdivision (a). (h) This section shall not be construed to preclude the applicability of any other provision of criminal law or equitable remedy that applies or may apply to any act committed or alleged to have been committed by a person. (i) Any fine imposed pursuant to this section shall be doubled if the offense was committed in connection with any claim pursuant to any automobile insurance policy in an auto insurance fraud crisis area designated by the Insurance Commissioner pursuant to Article 4.6 (commencing with Section 1874.90) of Chapter 12 of Part 2 of Division 1 of the Insurance Code. (Amended by Stats. 2011, Ch. 15, Sec. 392. (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.)
  67. 551.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 10. Crimes Against Insured Property and Insurers [548 - 551] ( Heading of Chapter 10 renumbered from Chapter 11 by Stats. 1979, Ch. 373. )

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    This section bars certain automotive repair dealers, contractors, and their employees or agents from paying referral consideration to insurance intermediaries or giving deductible-offset discounts, with limited exceptions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 10. Crimes Against Insured Property and Insurers [548 - 551] ( Heading of Chapter 10 renumbered from Chapter 11 by Stats. 1979, Ch. 373. ) ## 551. (a) It is unlawful for any automotive repair dealer, contractor, or employees or agents thereof to offer to any insurance agent, broker, or adjuster any fee, commission, profit sharing, or other form of direct or indirect consideration for referring an insured to an automotive repair dealer or its employees or agents for vehicle repairs covered under a policyholder’s automobile physical damage or automobile collision coverage, or to a contractor or its employees or agents for repairs to or replacement of a structure covered by a residential or commercial insurance policy. (b) Except in cases in which the amount of the repair or replacement claim has been determined by the insurer and the repair or replacement services are performed in accordance with that determination or in accordance with provided estimates that are accepted by the insurer, it is unlawful for any automotive repair dealer, contractor, or employees or agents thereof to knowingly offer or give any discount intended to offset a deductible required by a policy of insurance covering repairs to or replacement of a motor vehicle or residential or commercial structure. This subdivision does not prohibit an advertisement for repair or replacement services at a discount as long as the amount of the repair or replacement claim has been determined by the insurer and the repair or replacement services are performed in accordance with that determination or in accordance with provided estimates that are accepted by the insurer. (c) A violation of this section is a public offense. Where the amount at issue exceeds nine hundred fifty dollars ($950), the offense is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, by a fine of not more than ten thousand dollars ($10,000), or by both that imprisonment and fine; or by imprisonment in a county jail not to exceed one year, by a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine. In all other cases, the offense is punishable by imprisonment in a county jail not to exceed six months, by a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine. (d) Every person who, having been convicted of subdivision (a) or (b), or Section 7027.3 or former Section 9884.75 of the Business and Professions Code and having served a term therefor in any penal institution or having been imprisoned therein as a condition of probation for that offense, is subsequently convicted of subdivision (a) or (b), upon a subsequent conviction of one of those offenses, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, by a fine of not more than ten thousand dollars ($10,000), or by both that imprisonment and fine; or by imprisonment in a county jail not to exceed one year, by a fine of not more than one thousand dollars ($1,000), or by both that imprisonment and fine. (e) For purposes of this section: (1) “Automotive repair dealer” means a person who, for compensation, engages in the business of repairing or diagnosing malfunctions of motor vehicles. (2) “Contractor” has the same meaning as set forth in Section 7026 of the Business and Professions Code. (Amended by Stats. 2011, Ch. 15, Sec. 393. (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.)
  68. 552.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 1. Trespassing or Loitering Near Posted Industrial Property [552 - 555.5] ( Article 1 added by Stats. 1953, Ch. 32. )

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    This article does not apply to entries made in the course of duty by peace or police officers or other authorized public officers, or to lawful use of an existing right of way for public road purposes.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 1. Trespassing or Loitering Near Posted Industrial Property [552 - 555.5] ( Article 1 added by Stats. 1953, Ch. 32. ) ## 552. This article does not apply to any entry in the course of duty of any peace or police officer or other duly authorized public officer, nor does it apply to the lawful use of an established and existing right of way for public road purposes. (Added by Stats. 1953, Ch. 32.)
  69. 552.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 1. Trespassing or Loitering Near Posted Industrial Property [552 - 555.5] ( Article 1 added by Stats. 1953, Ch. 32. )

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    This section says the article does not prohibit certain lawful union-related activities and authorized safety inspections on posted industrial property.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 1. Trespassing or Loitering Near Posted Industrial Property [552 - 555.5] ( Article 1 added by Stats. 1953, Ch. 32. ) ## 552.1. This article does not prohibit: (a) Any lawful activity for the purpose of engaging in any organizational effort on behalf of any labor union, agent, or member thereof, or of any employee group, or any member thereof, employed or formerly employed in any place of business or manufacturing establishment described in this article, or for the purpose of carrying on the lawful activities of labor unions, or members thereof. (b) Any lawful activity for the purpose of investigation of the safety of working conditions on posted property by a representative of a labor union or other employee group who has upon his person written evidence of due authorization by his labor union or employee group to make such investigation. (Added by Stats. 1953, Ch. 32.)
  70. 553.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 1. Trespassing or Loitering Near Posted Industrial Property [552 - 555.5] ( Article 1 added by Stats. 1953, Ch. 32. )

    Verify source ↗

    This section defines “sign,” “posted property,” and “posted boundary” for this article.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 1. Trespassing or Loitering Near Posted Industrial Property [552 - 555.5] ( Article 1 added by Stats. 1953, Ch. 32. ) ## 553. The following definitions apply to this article only: (a) “Sign” means a sign not less than one (1) square foot in area and upon which in letters not less than two inches in height appear the words “trespassing-loitering forbidden by law,” or words describing the use of the property followed by the words “no trespassing.” (b) “Posted property” means any property specified in Section 554 which is posted in a manner provided in Section 554.1. (c) “Posted boundary” means a line running from sign to sign and such line need not conform to the legal boundary or legal description of any lot, parcel, or acreage of land, but only the area within the posted boundary shall constitute posted property, except as otherwise provided in subdivision (e) of Section 554. 1. (Amended by Stats. 1988, Ch. 273, Sec. 1.)
  71. 554.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 1. Trespassing or Loitering Near Posted Industrial Property [552 - 555.5] ( Article 1 added by Stats. 1953, Ch. 32. )

    Verify source ↗

    Certain industrial and utility properties may be posted against trespassing and loitering, except areas open to the general public.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 1. Trespassing or Loitering Near Posted Industrial Property [552 - 555.5] ( Article 1 added by Stats. 1953, Ch. 32. ) ## 554. Any property, except that portion of such property to which the general public is accorded access, may be posted against trespassing and loitering in the manner provided in Section 554.1, and thereby become posted property subject to the provisions of this article applicable to posted property, if such property consists of, or is used, or is designed to be used, for any one or more of the following: (a) An oil well, oilfield, tank farm, refinery, compressor plant, absorption plant, bulk plant, marine terminal, pipeline, pipeline pumping station, or reservoir, or any other plant, structure, or works, used for the production, extraction, treatment, handling, storage, or transportation, of oil, gas, gasoline, petroleum, or any product or products thereof. (b) A gas plant, gas storage station, gas meter, gas valve, or regulator station, gas odorant station, gas pipeline, or appurtenances, or any other property used in the transmission or distribution of gas. (c) A reservoir, dam, generating plant, receiving station, distributing station, transformer, transmission line, or any appurtenances, used for the storage of water for the generation of hydroelectric power, or for the generation of electricity by water or steam or by any other apparatus or method suitable for the generation of electricity, or for the handling, transmission, reception, or distribution of electric energy. (d) Plant, structures or facilities used for or in connection with the rendering of telephone or telegraph service or for radio or television broadcasting. (e) A water well, dam, reservoir, pumping plant, aqueduct, canal, tunnel, siphon, conduit, or any other structure, facility, or conductor for producing, storing, diverting, conserving, treating, or conveying water. (f) The production, storage, or manufacture of munitions, dynamite, black blasting powder, gunpowder, or other explosives. (g) A railroad right-of-way, railroad bridge, railroad tunnel, railroad shop, railroad yard, or other railroad facility. (h) A plant and facility for the collection, pumping, transmission, treatment, outfall, and disposal of sanitary sewerage or storm and waste water, including a water pollution or quality control facility. (i) A quarry used for the purpose of extracting surface or subsurface material or where explosives are stored or used for that purpose. (Amended by Stats. 1982, Ch. 965, Sec. 1.)
  72. 554.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 1. Trespassing or Loitering Near Posted Industrial Property [552 - 555.5] ( Article 1 added by Stats. 1953, Ch. 32. )

    Verify source ↗

    This section tells how posted industrial property must be marked with signs to warn against trespassing and loitering, depending on whether the property is fenced, its size, and whether it has entrances.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 1. Trespassing or Loitering Near Posted Industrial Property [552 - 555.5] ( Article 1 added by Stats. 1953, Ch. 32. ) ## 554.1. Any property described in Section 554 may be posted against trespassing and loitering in the following manner: (a) If it is not enclosed within a fence and if it is of an area not exceeding one (1) acre and has no lineal dimension exceeding one (1) mile, by posting signs at each corner of the area and at each entrance. (b) If it is not enclosed within a fence, and if it is of an area exceeding one (1) acre, or contains any lineal dimension exceeding one (1) mile, by posting signs along or near the exterior boundaries of the area at intervals of not more than 600 feet, and also at each corner, and, if such property has a definite entrance or entrances, at each such entrance. (c) If it is enclosed within a fence and if it is of an area not exceeding one (1) acre, and has no lineal dimension exceeding one (1) mile, by posting signs at each corner of such fence and at each entrance. (d) If it is enclosed within a fence and if it is of an area exceeding one (1) acre, or has any lineal dimension exceeding one (1) mile, by posting signs on, or along the line of, such fence at intervals of not more than 600 feet, and also at each corner and at each entrance. (e) If it consists of poles or towers or appurtenant structures for the suspension of wires or other conductors for conveying electricity or telegraphic or telephonic messages or of towers or derricks for the production of oil or gas, by affixing a sign upon one or more sides of such poles, towers, or derricks, but such posting shall render only the pole, tower, derrick, or appurtenant structure posted property. (Added by Stats. 1953, Ch. 32.)
  73. 555.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 1. Trespassing or Loitering Near Posted Industrial Property [552 - 555.5] ( Article 1 added by Stats. 1953, Ch. 32. )

    Verify source ↗

    A person must not enter or stay on posted property without written permission from the owner, tenant, or lawful occupant/controller.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 1. Trespassing or Loitering Near Posted Industrial Property [552 - 555.5] ( Article 1 added by Stats. 1953, Ch. 32. ) ## 555. It is unlawful to enter or remain upon any posted property without the written permission of the owner, tenant, or occupant in legal possession or control thereof. Every person who enters or remains upon posted property without such written permission is guilty of a separate offense for each day during any portion of which he enters or remains upon such posted property. (Added by Stats. 1953, Ch. 32.)
  74. 555.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 1. Trespassing or Loitering Near Posted Industrial Property [552 - 555.5] ( Article 1 added by Stats. 1953, Ch. 32. )

    Verify source ↗

    It is unlawful, without authority, to tear down, deface, or destroy a sign posted under this article.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 1. Trespassing or Loitering Near Posted Industrial Property [552 - 555.5] ( Article 1 added by Stats. 1953, Ch. 32. ) ## 555.1. It is unlawful, without authority, to tear down, deface or destroy any sign posted pursuant to this article. (Added by Stats. 1953, Ch. 32.)
  75. 555.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 1. Trespassing or Loitering Near Posted Industrial Property [552 - 555.5] ( Article 1 added by Stats. 1953, Ch. 32. )

    Verify source ↗

    Loitering in the immediate vicinity of posted property is unlawful, but picketing and other lawful public information activity about an alleged labor dispute are not prohibited.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 1. Trespassing or Loitering Near Posted Industrial Property [552 - 555.5] ( Article 1 added by Stats. 1953, Ch. 32. ) ## 555.2. It is unlawful to loiter in the immediate vicinity of any posted property. This section does not prohibit picketing in such immediate vicinity or any lawful activity by which the public is informed of the existence of an alleged labor dispute. (Added by Stats. 1953, Ch. 32.)
  76. 555.3.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 1. Trespassing or Loitering Near Posted Industrial Property [552 - 555.5] ( Article 1 added by Stats. 1953, Ch. 32. )

    Verify source ↗

    Violating any provision of this article is a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 1. Trespassing or Loitering Near Posted Industrial Property [552 - 555.5] ( Article 1 added by Stats. 1953, Ch. 32. ) ## 555.3. Violation of any of the provisions of this article is a misdemeanor. (Added by Stats. 1953, Ch. 32.)
  77. 555.4.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 1. Trespassing or Loitering Near Posted Industrial Property [552 - 555.5] ( Article 1 added by Stats. 1953, Ch. 32. )

    Verify source ↗

    This article applies throughout the state, and local authorities may not enforce or pass ordinances that conflict with it.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 1. Trespassing or Loitering Near Posted Industrial Property [552 - 555.5] ( Article 1 added by Stats. 1953, Ch. 32. ) ## 555.4. The provisions of this article are applicable throughout the State in all counties and municipalities and no local authority shall enact or enforce any ordinance in conflict with such provisions. (Added by Stats. 1953, Ch. 32.)
  78. 555.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 1. Trespassing or Loitering Near Posted Industrial Property [552 - 555.5] ( Article 1 added by Stats. 1953, Ch. 32. )

    Verify source ↗

    If part of this article is invalid or unconstitutional, the rest of the article still remains effective.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 1. Trespassing or Loitering Near Posted Industrial Property [552 - 555.5] ( Article 1 added by Stats. 1953, Ch. 32. ) ## 555.5. If any provision of this article, or the application thereof to any person or circumstance, is held to be invalid, the remainder of the article, and the application of such provision to other persons or circumstances, shall not be affected thereby. If any section, subsection, sentence, clause, or phrase of this article is for any reason held to be unconstitutional or invalid, such decision shall not affect the validity or constitutionality of the remaining portions of this article. The Legislature hereby declares that it would have passed this article and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that one or more of the sections, subsections, sentences, clauses, or phrases thereof be declared unconstitutional or invalid. (Added by Stats. 1953, Ch. 32.)
  79. 556.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 2. Unlawfully Placing Signs on Public and Private Property [556 - 556.4] ( Article 2 added by Stats. 1953, Ch. 32. )

    Verify source ↗

    A person must not place or keep certain advertising signs or devices on state, city, or county property without lawful permission.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 2. Unlawfully Placing Signs on Public and Private Property [556 - 556.4] ( Article 2 added by Stats. 1953, Ch. 32. ) ## 556. It is a misdemeanor for any person to place or maintain, or cause to be placed or maintained without lawful permission upon any property of the State, or of a city or of a county, any sign, picture, transparency, advertisement, or mechanical device which is used for the purpose of advertising or which advertises or brings to notice any person, article of merchandise, business or profession, or anything that is to be or has been sold, bartered, or given away. (Added by Stats. 1953, Ch. 32.)
  80. 556.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 2. Unlawfully Placing Signs on Public and Private Property [556 - 556.4] ( Article 2 added by Stats. 1953, Ch. 32. )

    Verify source ↗

    A person may not place or keep certain advertising-related items on property they have no right to possess, unless the owner, lessee, or lawful possessor consents first.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 2. Unlawfully Placing Signs on Public and Private Property [556 - 556.4] ( Article 2 added by Stats. 1953, Ch. 32. ) ## 556.1. It is a misdemeanor for any person to place or maintain or cause to be placed or maintained upon any property in which he has no estate or right of possession any sign, picture, transparency, advertisement, or mechanical device which is used for the purpose of advertising, or which advertises or brings to notice any person, article of merchandise, business or profession, or anything that is to be or has been sold, bartered, or given away, without the consent of the owner, lessee, or person in lawful possession of such property before such sign, picture, transparency, advertisement, or mechanical device is placed upon the property. (Added by Stats. 1953, Ch. 32.)
  81. 556.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 2. Unlawfully Placing Signs on Public and Private Property [556 - 556.4] ( Article 2 added by Stats. 1953, Ch. 32. )

    Verify source ↗

    Sections 556 and 556.1 do not block certain notices, signs, or devices that must be posted by law or court order, relate to the premises, or give public notice about a highway, street, lane, road, or alley.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 2. Unlawfully Placing Signs on Public and Private Property [556 - 556.4] ( Article 2 added by Stats. 1953, Ch. 32. ) ## 556.2. Sections 556 and 556.1 do not prevent the posting of any notice required by law or order of any court, to be posted, nor the posting or placing of any notice, particularly pertaining to the grounds or premises upon which the notice is so posted or placed, nor the posting or placing of any notice, sign, or device used exclusively for giving public notice of the name, direction or condition of any highway, street, lane, road or alley. (Added by Stats. 1953, Ch. 32.)
  82. 556.3.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 2. Unlawfully Placing Signs on Public and Private Property [556 - 556.4] ( Article 2 added by Stats. 1953, Ch. 32. )

    Verify source ↗

    Items like signs, pictures, advertisements, or mechanical devices placed on property in violation of Sections 556 and 556.1 are treated as a public nuisance.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 2. Unlawfully Placing Signs on Public and Private Property [556 - 556.4] ( Article 2 added by Stats. 1953, Ch. 32. ) ## 556.3. Any sign, picture, transparency, advertisement, or mechanical device placed on any property contrary to the provisions of Sections 556 and 556.1, is a public nuisance. (Added by Stats. 1953, Ch. 32.)
  83. 556.4.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 2. Unlawfully Placing Signs on Public and Private Property [556 - 556.4] ( Article 2 added by Stats. 1953, Ch. 32. )

    Verify source ↗

    Certain identifying information on a sign or similar item may be used as evidence and may support an inference about who posted it.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 2. Unlawfully Placing Signs on Public and Private Property [556 - 556.4] ( Article 2 added by Stats. 1953, Ch. 32. ) ## 556.4. For purposes of this article, information that appears on any sign, picture, transparency, advertisement, or mechanical device such as, but not limited to, the following, may be used as evidence to establish the fact, and may create an inference, that a person or entity is responsible for the posting of the sign, picture, transparency, advertisement, or mechanical device: (a) The name, telephone number, address, or other identifying information regarding the real estate broker, real estate brokerage firm, real estate agent, or other person associated with the firm. (b) The name, telephone number, address, or other identifying information of the owner or lessee of property used for a commercial activity or event. (c) The name, telephone number, address, or other identifying information of the sponsor or promoter of a sporting event, concert, theatrical performance, or similar activity or event. (Added by Stats. 1998, Ch. 192, Sec. 1. Effective January 1, 1999.)
  84. 558.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 3. Trespass on Property Belonging to the University of California [558 - 558.1] ( Article 3 added by Stats. 1955, Ch. 41. )

    Verify source ↗

    Most people are forbidden to enter, trespass on, or interfere with the University of California lands and adjacent waters described here.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 3. Trespass on Property Belonging to the University of California [558 - 558.1] ( Article 3 added by Stats. 1955, Ch. 41. ) ## 558. Every person other than an officer, employee or student of the University of California, or licensee of the Regents of the University of California, is forbidden to enter upon those lands bordering on the Pacific Ocean in San Diego County, which were granted by Section 1 of Chapter 514 of the Statutes of 1929 to the Regents of the University of California for the uses and purposes of the University of California in connection with scientific research and investigation at the Scripps Institution of Oceanography, or upon state waters adjacent thereto, or to trespass upon the same, or to interfere with the exclusive possession, occupation, and use thereof by the Regents of the University of California. Nothing herein contained shall be deemed or construed to affect in any manner the rights of navigation and fishery reserved to the people by the Constitution. (Added by Stats. 1955, Ch. 41.)
  85. 558.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 3. Trespass on Property Belonging to the University of California [558 - 558.1] ( Article 3 added by Stats. 1955, Ch. 41. )

    Verify source ↗

    A person who violates Section 558 commits a misdemeanor and may be fined up to $600, jailed up to 30 days, or both.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12. Unlawful Interference With Property [552 - 558.1] ( Chapter 12 added by Stats. 1953, Ch. 32. ) ## ARTICLE 3. Trespass on Property Belonging to the University of California [558 - 558.1] ( Article 3 added by Stats. 1955, Ch. 41. ) ## 558.1. Every person who violates any of the provisions of Section 558 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine of not more than six hundred dollars ($600) or by imprisonment for not more than 30 days, or by both such fine and imprisonment. (Amended by Stats. 1983, Ch. 1092, Sec. 304. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  86. 560.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12.5. Crimes Involving Bailments [560 - 560.6] ( Chapter 12.5 added by Stats. 1963, Ch. 819. )

    Verify source ↗

    A bailee or related person commits a crime if they issue, help issue, secure the issue of, negotiate, or transfer a document of title knowing the goods were not actually received or are not under the bailee’s control.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12.5. Crimes Involving Bailments [560 - 560.6] ( Chapter 12.5 added by Stats. 1963, Ch. 819. ) ## 560. Any bailee, as defined in Section 7102 of the Uniform Commercial Code, who issues or aids in issuing a document of title, or any person who secures the issue by a bailee of a document of title, or any person who negotiates or transfers for value a document of title knowing that the goods for which that document is issued have not been actually received by that bailee or are not under his or her control at the time of issuing that receipt shall be guilty of a crime and upon conviction shall be punished for each offense by imprisonment pursuant to subdivision (h) of Section 1170 or by a fine not exceeding ten thousand dollars ($10,000) or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 394. (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.)
  87. 560.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12.5. Crimes Involving Bailments [560 - 560.6] ( Chapter 12.5 added by Stats. 1963, Ch. 819. )

    Verify source ↗

    A bailee who knowingly fraudulently issues, or helps fraudulently issue, a receipt for goods with a false statement commits a crime.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12.5. Crimes Involving Bailments [560 - 560.6] ( Chapter 12.5 added by Stats. 1963, Ch. 819. ) ## 560.1. Any bailee, as defined in Section 7102 of the Uniform Commercial Code, who fraudulently issues or aids in fraudulently issuing a receipt for goods knowing that it contains any false statement shall be guilty of a crime and upon conviction shall be punished for each offense by imprisonment not exceeding one year or by a fine not exceeding one thousand dollars ($1,000) or by both. (Added by Stats. 1963, Ch. 819.)
  88. 560.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12.5. Crimes Involving Bailments [560 - 560.6] ( Chapter 12.5 added by Stats. 1963, Ch. 819. )

    Verify source ↗

    A bailee may not deliver goods if the bailee knows an outstanding negotiable document of title still exists and has not first obtained that document, unless specified Uniform Commercial Code exceptions apply.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12.5. Crimes Involving Bailments [560 - 560.6] ( Chapter 12.5 added by Stats. 1963, Ch. 819. ) ## 560.2. Any bailee, as defined in Section 7102 of the Uniform Commercial Code, who delivers goods out of the possession of such bailee knowing that a negotiable document of title the negotiation of which would transfer the right to the possession of such goods is outstanding and uncanceled without obtaining possession of such document at or before the time for such delivery shall, except for the cases in Sections 7210, 7308, 7601 and 7602 of the Uniform Commercial Code, be guilty of a crime and upon conviction shall be punished for each offense by imprisonment not exceeding one year or by a fine not exceeding one thousand dollars ($1,000) or by both. (Added by Stats. 1963, Ch. 819.)
  89. 560.3.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12.5. Crimes Involving Bailments [560 - 560.6] ( Chapter 12.5 added by Stats. 1963, Ch. 819. )

    Verify source ↗

    A person who transfers goods to a bailee without title, or while the goods are subject to a security interest, and then negotiates a negotiable document of title for value with intent to deceive and without disclosure commits a crime.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12.5. Crimes Involving Bailments [560 - 560.6] ( Chapter 12.5 added by Stats. 1963, Ch. 819. ) ## 560.3. Any person who deposits goods with a bailee, as defined in Section 7102 of the Uniform Commercial Code, to which he has not title or upon which there is a security interest and who takes for such goods a negotiable document of title which he afterwards negotiates for value with intent to deceive and without disclosing his want of title or the existence of the security interest shall be guilty of a crime, and upon conviction shall be punished for such offense by imprisonment not exceeding one year or by a fine not exceeding one thousand dollars ($1,000) or by both. (Added by Stats. 1963, Ch. 819.)
  90. 560.4.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12.5. Crimes Involving Bailments [560 - 560.6] ( Chapter 12.5 added by Stats. 1963, Ch. 819. )

    Verify source ↗

    A bailee who knowingly issues or helps issue a duplicate or additional negotiable document of title for goods, while an earlier one is still outstanding and uncanceled, commits a crime unless the duplicate is plainly marked “duplicate” or the document falls within the stated exceptions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12.5. Crimes Involving Bailments [560 - 560.6] ( Chapter 12.5 added by Stats. 1963, Ch. 819. ) ## 560.4. Any bailee, as defined in Section 7102 of the Uniform Commercial Code, who issues or aids in issuing a duplicate or additional negotiable document of title for goods knowing that a former negotiable document of title for the same goods or any part of them is outstanding and uncanceled without plainly placing upon the face thereof the word “duplicate,” except in cases of bills in a set and documents issued as substitutes for lost, stolen or destroyed documents, shall be guilty of a crime and upon conviction shall be punished for each offense by imprisonment pursuant to subdivision (h) of Section 1170 or by a fine not exceeding ten thousand dollars ($10,000) or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 395. (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.)
  91. 560.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12.5. Crimes Involving Bailments [560 - 560.6] ( Chapter 12.5 added by Stats. 1963, Ch. 819. )

    Verify source ↗

    A warehouseman, or the warehouseman’s officers, agents, or servants, must not knowingly issue a negotiable document of title for goods when the warehouseman owns the goods and the document does not state that ownership.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12.5. Crimes Involving Bailments [560 - 560.6] ( Chapter 12.5 added by Stats. 1963, Ch. 819. ) ## 560.5. Where there are deposited with or held by a warehouseman goods of which he is owner either solely or jointly or in common with others such warehouseman or any of his officers, agents, or servants who knowing of this ownership issues or aids in issuing a negotiable document of title for such goods which does not state such ownership, shall be guilty of a crime and upon conviction shall be punished for each offense by imprisonment not exceeding one year or by a fine not exceeding one thousand dollars ($1,000) or by both. (Added by Stats. 1963, Ch. 819.)
  92. 560.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12.5. Crimes Involving Bailments [560 - 560.6] ( Chapter 12.5 added by Stats. 1963, Ch. 819. )

    Verify source ↗

    This section prohibits certain people and businesses from handling warehouse-receipt-like documents for goods stored in other states, unless the document was issued by the warehouseman or meets the stated content requirements, and it punishes knowing violations as a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12.5. Crimes Involving Bailments [560 - 560.6] ( Chapter 12.5 added by Stats. 1963, Ch. 819. ) ## 560.6. (1) A corporation, firm, or person, and its or his agents or employees shall not issue, sell, pledge, assign, or transfer in this State any receipt, certificate, or other written instrument purporting to be a warehouse receipt, or in the similitude of a warehouse receipt, or designed to be understood as a warehouse receipt, for goods, wares, or merchandise stored or deposited, or claimed to be stored or deposited, in any warehouse, public or private, in any other state, unless such receipt, certificate, or other written instrument has been issued by the warehouseman operating such warehouse. (2) A corporation, firm, or person, and its or his agents or employees shall not issue, sell, pledge, assign, or transfer in this State any receipt, certificate, or other written instrument for goods, wares, or merchandise claimed to be stored or deposited, in any warehouse, public or private, in any other state, knowing that there is no such warehouse located at the place named in such receipt, certificate, or other written instrument, or if there is a warehouse at such place knowing that there are no goods, wares, or merchandise stored or deposited therein as specified in such receipt, certificate, or other written instrument. (3) A corporation, firm, or person, and its or his agents or employees shall not issue, sign, sell, pledge, assign, or transfer in this State any receipt, certificate, or other written instrument evidencing, or purporting to evidence, the creation of a security interest in, or sale, or bailment, of any goods, wares, or merchandise stored or deposited, or claimed to be stored or deposited, in any warehouse, public or private, in any other state, unless such receipt, certificate, or other written instrument plainly designates the number and location of such warehouse and contains a full, true, and complete copy of the receipt issued by the warehouseman operating the warehouse in which such goods, wares, or merchandise is stored or deposited, or is claimed to be stored or deposited. This section shall not apply to the issue, signing, sale, pledge, assignment, or transfer of bona fide warehouse receipts issued by the warehouseman operating public or bonded warehouses in other states according to the laws of the state in which such warehouses are located. (4) Every corporation, firm, person, agent, or employee, who knowingly violates any of the provisions of this section is guilty of a misdemeanor, and shall be fined not less than fifty dollars ($50) nor more than one thousand dollars ($1,000), and may in addition be imprisoned in the county jail for not exceeding six months. (Added by Stats. 1963, Ch. 819.)
  93. 565.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12.6. Crimes Involving Branded Containers, Cabinets, or Other Dairy Equipment [565 - 566] ( Chapter 12.6 added by Stats. 1982, Ch. 1063, Sec. 6. )

    Verify source ↗

    An unauthorized person commits a misdemeanor by possessing, using, or altering the brand registration on certain dairy containers, cabinets, or equipment valued at $950 or less and marked with a registered brand.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12.6. Crimes Involving Branded Containers, Cabinets, or Other Dairy Equipment [565 - 566] ( Chapter 12.6 added by Stats. 1982, Ch. 1063, Sec. 6. ) ## 565. It is a misdemeanor, punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or both, for an unauthorized person to possess or use, or to obliterate or destroy the brand registration upon, containers (including milk cases), cabinets, or other dairy equipment, which have a value of nine hundred fifty dollars ($950) or less, when the containers, cabinets, or other dairy equipment are marked with a brand that is registered pursuant to Chapter 10 (commencing with Section 34501) of Part 1 of Division 15 of the Food and Agricultural Code. “Unauthorized person” shall have the meaning of that term as defined in Section 34564 of the Food and Agricultural Code. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 28, Sec. 31. (SB 18 3x) Effective January 25, 2010.)
  94. 566.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12.6. Crimes Involving Branded Containers, Cabinets, or Other Dairy Equipment [565 - 566] ( Chapter 12.6 added by Stats. 1982, Ch. 1063, Sec. 6. )

    Verify source ↗

    An unauthorized person may not possess, use, or tamper with brand registration on certain dairy containers, cabinets, or other dairy equipment valued over $950.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12.6. Crimes Involving Branded Containers, Cabinets, or Other Dairy Equipment [565 - 566] ( Chapter 12.6 added by Stats. 1982, Ch. 1063, Sec. 6. ) ## 566. It is a felony, punishable by a fine not exceeding one thousand five hundred dollars ($1,500), or by imprisonment pursuant to subdivision (h) of Section 1170, or both, for an unauthorized person to possess or use, or to obliterate or destroy the brand registration upon, containers (including milk cases), cabinets, or other dairy equipment, which have a value in excess of nine hundred fifty dollars ($950), when the containers, cabinets, or other dairy equipment are marked with a brand that is registered pursuant to Chapter 10 (commencing with Section 34501) of Part 1 of Division 15 of the Food and Agricultural Code. “Unauthorized person” shall have the meaning of that term as defined in Section 34564 of the Food and Agricultural Code. (Amended by Stats. 2011, Ch. 15, Sec. 396. (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.)
  95. 570.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12.7. Unlawful Subleasing of Motor Vehicles [570 - 574] ( Chapter 12.7 added by Stats. 1987, Ch. 1072, Sec. 2. )

    Verify source ↗

    An act of unlawful subleasing of a motor vehicle is punishable by jail, prison, a fine, or both.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12.7. Unlawful Subleasing of Motor Vehicles [570 - 574] ( Chapter 12.7 added by Stats. 1987, Ch. 1072, Sec. 2. ) ## 570. An act of unlawful subleasing of a motor vehicle, as defined in Section 571, shall be punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than ten thousand dollars ($10,000), or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 397. (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.)
  96. 571.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12.7. Unlawful Subleasing of Motor Vehicles [570 - 574] ( Chapter 12.7 added by Stats. 1987, Ch. 1072, Sec. 2. )

    Verify source ↗

    A person commits unlawful subleasing of a motor vehicle if the vehicle is under a contract that forbids transfer, the person is not a party, the person transfers or arranges a transfer to a non-party, lacks prior written consent, and receives compensation or consideration.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12.7. Unlawful Subleasing of Motor Vehicles [570 - 574] ( Chapter 12.7 added by Stats. 1987, Ch. 1072, Sec. 2. ) ## 571. (a) A person engages in an act of unlawful subleasing of a motor vehicle if all of the following conditions are met: (1) The motor vehicle is subject to a lease contract, conditional sale contract, or security agreement the terms of which prohibit the transfer or assignment of any right or interest in the motor vehicle or under the lease contract, conditional sale contract, or security agreement. (2) The person is not a party to the lease contract, conditional sale contract, or security agreement. (3) The person transfers or assigns, or purports to transfer or assign, any right or interest in the motor vehicle or under the lease contract, conditional sale contract, or security agreement, to any person who is not a party to the lease contract, conditional sale contract, or security agreement. (4) The person does not obtain, prior to the transfer or assignment described in paragraph (3), written consent to the transfer or assignment from the motor vehicle’s lessor, seller, or secured party. (5) The person receives compensation or some other consideration for the transfer or assignment described in paragraph (3). (b) A person engages in an act of unlawful subleasing of a motor vehicle when the person is not a party to the lease contract, conditional sale contract, or security agreement, and assists, causes, or arranges an actual or purported transfer or assignment, as described in subdivision (a). (Added by Stats. 1987, Ch. 1072, Sec. 2.)
  97. 572.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12.7. Unlawful Subleasing of Motor Vehicles [570 - 574] ( Chapter 12.7 added by Stats. 1987, Ch. 1072, Sec. 2. )

    Verify source ↗

    Certain transfers or assignments of vehicle-lease or related contract rights by a party to the contract are not unlawful subleasing and cannot be prosecuted under this section.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12.7. Unlawful Subleasing of Motor Vehicles [570 - 574] ( Chapter 12.7 added by Stats. 1987, Ch. 1072, Sec. 2. ) ## 572. (a) The actual or purported transfer or assignment, or the assisting, causing, or arranging of an actual or purported transfer or assignment, of any right or interest in a motor vehicle or under a lease contract, conditional sale contract, or security agreement, by an individual who is a party to the lease contract, conditional sale contract, or security agreement is not an act of unlawful subleasing of a motor vehicle and is not subject to prosecution. (b) This chapter shall not affect the enforceability of any provision of any lease contract, conditional sale contract, security agreement, or direct loan agreement by any party thereto. (Added by Stats. 1987, Ch. 1072, Sec. 2.)
  98. 573.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12.7. Unlawful Subleasing of Motor Vehicles [570 - 574] ( Chapter 12.7 added by Stats. 1987, Ch. 1072, Sec. 2. )

    Verify source ↗

    Penalties under this chapter are additional to other legal remedies or penalties, and the rest of the chapter remains in force if part of it is found unconstitutional.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12.7. Unlawful Subleasing of Motor Vehicles [570 - 574] ( Chapter 12.7 added by Stats. 1987, Ch. 1072, Sec. 2. ) ## 573. (a) The penalties under this chapter are in addition to any other remedies or penalties provided by law for the conduct proscribed by this chapter. (b) If any provision of this chapter or the application thereof to any person or circumstance is held to be unconstitutional, the remainder of the chapter and the application of its provisions to other persons and circumstances shall not be affected thereby. (Added by Stats. 1987, Ch. 1072, Sec. 2.)
  99. 574.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12.7. Unlawful Subleasing of Motor Vehicles [570 - 574] ( Chapter 12.7 added by Stats. 1987, Ch. 1072, Sec. 2. )

    Verify source ↗

    This section defines terms used in the chapter on unlawful subleasing of motor vehicles.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 12.7. Unlawful Subleasing of Motor Vehicles [570 - 574] ( Chapter 12.7 added by Stats. 1987, Ch. 1072, Sec. 2. ) ## 574. As used in this chapter, the following terms have the following meanings: (a) “Buyer” has the meaning set forth in subdivision (c) of Section 2981 of the Civil Code. (b) “Conditional sale contract” has the meaning set forth in subdivision (a) of Section 2981 of the Civil Code. Notwithstanding subdivision (k) of Section 2981 of the Civil Code, “conditional sale contract” includes any contract for the sale or bailment of a motor vehicle between a buyer and a seller primarily for business or commercial purposes. (c) “Direct loan agreement” means an agreement between a lender and a purchaser whereby the lender has advanced funds pursuant to a loan secured by the motor vehicle which the purchaser has purchased. (d) “Lease contract” means a lease contract between a lessor and lessee as this term and these parties are defined in Section 2985.7 of the Civil Code. Notwithstanding subdivision (d) of Section 2985.7 of the Civil Code, “lease contract” includes a lease for business or commercial purposes. (e) “Motor vehicle” means any vehicle required to be registered under the Vehicle Code. (f) “Person” means an individual, company, firm, association, partnership, trust, corporation, limited liability company, or other legal entity. (g) “Purchaser” has the meaning set forth in paragraph (30) of subdivision (b) of Section 1201 of the Commercial Code. (h) “Security agreement” and “secured party” have the meanings set forth, respectively, in paragraphs (74) and (73) of subdivision (a) of Section 9102 of the Commercial Code. “Security interest” has the meaning set forth in paragraph (35) of subdivision (b) of Section 1201 of the Commercial Code. (i) “Seller” has the meaning set forth in subdivision (b) of Section 2981 of the Civil Code, and includes the present holder of the conditional sale contract. (Amended by Stats. 2013, Ch. 531, Sec. 27. (AB 502) Effective January 1, 2014. Operative July 1, 2014, by Sec. 28 of Ch. 531.)
  100. 577.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 14. Fraudulent Issue of Documents of Title to Merchandise [577 - 583] ( Chapter 14 enacted 1872. )

    Verify source ↗

    Carriers and related agents must not issue a bill of lading, receipt, or other voucher showing merchandise was shipped or delivered unless it actually was shipped or delivered and is under the proper carrier control.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 14. Fraudulent Issue of Documents of Title to Merchandise [577 - 583] ( Chapter 14 enacted 1872. ) ## 577. Every person, being the master, owner or agent of any vessel, or officer or agent of any railroad, express or transportation company, or otherwise being or representing any carrier, who delivers any bill of lading, receipt or other voucher, by which it appears that any merchandise of any description has been shipped on board any vessel, or delivered to any railroad, express or transportation company or other carrier, unless the same has been so shipped or delivered, and is at the time actually under the control of such carrier or the master, owner or agent of such vessel, or of some officer or agent of that company, to be forwarded as expressed in that bill of lading, receipt or voucher, is punishable by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not exceeding one thousand dollars ($1,000), or both. (Amended by Stats. 2011, Ch. 15, Sec. 398. (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.)
  101. 578.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 14. Fraudulent Issue of Documents of Title to Merchandise [577 - 583] ( Chapter 14 enacted 1872. )

    Verify source ↗

    Warehouse operators and similar custodians must not issue receipts, bills of lading, or other vouchers for merchandise they have not actually received or that is not under their control.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 14. Fraudulent Issue of Documents of Title to Merchandise [577 - 583] ( Chapter 14 enacted 1872. ) ## 578. Every person carrying on the business of a warehouseman, wharfinger, or other depositary of property, who issues any receipt, bill of lading, or other voucher for any merchandise of any description, which has not been actually received upon the premises of that person, and is not under his or her actual control at the time of issuing such instrument, whether that instrument is issued to a person as being the owner of that merchandise or as security for any indebtedness, is punishable by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not exceeding one thousand dollars ($1,000), or both. (Amended by Stats. 2011, Ch. 15, Sec. 399. (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.)
  102. 579.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 14. Fraudulent Issue of Documents of Title to Merchandise [577 - 583] ( Chapter 14 enacted 1872. )

    Verify source ↗

    A person cannot be convicted under Sections 577 or 578 just because the package contents did not match the description, if the outside marks or labels substantially matched; this protection does not apply if the accused knew the marks, labels, or brands were false.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 14. Fraudulent Issue of Documents of Title to Merchandise [577 - 583] ( Chapter 14 enacted 1872. ) ## 579. No person shall be convicted of an offense under Section 577 or 578 by reason that the contents of any barrel, box, case, cask, or other vessel or package mentioned in the bill of lading, receipt, or other voucher did not correspond with the description given in the instrument of the merchandise received, if the description corresponded substantially with the marks, labels, or brands upon the outside of the vessel or package, unless it appears that the accused knew that the marks, labels, or brands were untrue. (Amended by Stats. 1987, Ch. 828, Sec. 33.)
  103. 580.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 14. Fraudulent Issue of Documents of Title to Merchandise [577 - 583] ( Chapter 14 enacted 1872. )

    Verify source ↗

    People covered by this chapter must mark a second or duplicate receipt or voucher “Duplicate” before issuing it if a prior receipt or voucher for the same merchandise is still outstanding and uncanceled.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 14. Fraudulent Issue of Documents of Title to Merchandise [577 - 583] ( Chapter 14 enacted 1872. ) ## 580. Every person mentioned in this chapter, who issues any second or duplicate receipt or voucher, of a kind specified therein, at a time while any former receipt or voucher for the merchandise specified in that second receipt is outstanding and uncanceled, without writing across the face of the same the word “Duplicate,” in a plain and legible manner, is punishable by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not exceeding one thousand dollars ($1,000), or both. (Amended by Stats. 2011, Ch. 15, Sec. 400. (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.)
  104. 581.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 14. Fraudulent Issue of Documents of Title to Merchandise [577 - 583] ( Chapter 14 enacted 1872. )

    Verify source ↗

    A person covered by this chapter must not sell, hypothecate, or pledge merchandise that was covered by a bill of lading, receipt, or voucher issued by that person unless the holder gives written consent.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 14. Fraudulent Issue of Documents of Title to Merchandise [577 - 583] ( Chapter 14 enacted 1872. ) ## 581. Every person mentioned in this chapter, who sells, hypothecates, or pledges any merchandise for which any bill of lading, receipt, or voucher has been issued by him or her, without the consent in writing thereto of the person holding that bill, receipt, or voucher, is punishable by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine not exceeding one thousand dollars ($1,000), or both. (Amended by Stats. 2011, Ch. 15, Sec. 401. (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.)
  105. 583.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 14. Fraudulent Issue of Documents of Title to Merchandise [577 - 583] ( Chapter 14 enacted 1872. )

    Verify source ↗

    Section 581 does not apply when property is demanded or sold by virtue of process of law.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 14. Fraudulent Issue of Documents of Title to Merchandise [577 - 583] ( Chapter 14 enacted 1872. ) ## 583. Section 581 does not apply where property is demanded or sold by virtue of process of law. (Amended by Stats. 1987, Ch. 828, Sec. 34.)
  106. 587.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. )

    Verify source ↗

    A person who maliciously damages or obstructs railroad property is subject to imprisonment.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. ) ## 587. Every person who maliciously does either of the following is punishable by imprisonment pursuant to subdivision (h) of Section 1170, or imprisonment in a county jail not exceeding one year: (a) Removes, displaces, injures, or destroys any part of any railroad, whether for steam or horse cars, or any track of any railroad, or any branch or branchway, switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, or any part thereof, attached to or connected with any railroad. (b) Places any obstruction upon the rails or track of any railroad, or of any switch, branch, branchway, or turnout connected with any railroad. (Amended by Stats. 2011, Ch. 15, Sec. 402. (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.)
  107. 587.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. )

    Verify source ↗

    It is an offense for any person to maliciously move or cause a locomotive to be moved without authorization.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. ) ## 587.1. (a) Every person who maliciously moves or causes to be moved, without authorization, any locomotive, is guilty of a misdemeanor punishable by imprisonment in the county jail not exceeding one year. (b) Every person who maliciously moves or causes to be moved, without authorization, any locomotive, when the moving creates a substantial likelihood of causing personal injury or death to another, is guilty of a public offense punishable by imprisonment in a county jail not exceeding one year or by imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2011, Ch. 15, Sec. 403. (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.)
  108. 587a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. )

    Verify source ↗

    A person may not, unless duly authorized, tamper with railroad air brakes, switches, signals, or similar equipment.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. ) ## 587a. Every person, who, without being thereunto duly authorized by the owner, lessee, or person or corporation engaged in the operation of any railroad, shall manipulate or in anywise tamper or interfere with any air brake or other device, appliance or apparatus in or upon any car or locomotive upon such railroad, and used or provided for use in the operation of such car or locomotive, or of any train upon such railroad, or with any switch, signal or other appliance or apparatus used or provided for use in the operation of such railroad, shall be deemed guilty of a misdemeanor. (Added by Stats. 1909, Ch. 372.)
  109. 587b

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. )

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    A person may not enter, climb on, hold to, or attach themselves to a railroad locomotive, tender, freight or passenger car, or any part of a train unless authorized by the railroad operator; doing so is a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. ) ## 587b. Every person, who shall, without being thereunto authorized by the owner, lessee, person or corporation operating any railroad, enter into, climb upon, hold to, or in any manner attach himself to any locomotive, locomotive-engine tender, freight or passenger car upon such railroad, or any portion of any train thereon, shall be deemed guilty of a misdemeanor, and, upon conviction thereof shall be punished by a fine not exceeding fifty dollars ($50), or by imprisonment not exceeding 30 days, or by both such fine and imprisonment. (Amended by Stats. 1949, Ch. 137.)
  110. 587c

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. )

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    A person who fraudulently evades or tries to evade paying fare while traveling on a railroad commits a misdemeanor and may be fined, jailed, or both.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. ) ## 587c. Every person who fraudulently evades, or attempts to evade the payment of his fare, while traveling upon any railroad, shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine of not more than five hundred dollars, or imprisonment not exceeding six months, or by both such fine and imprisonment. (Added by Stats. 1909, Ch. 345.)
  111. 588.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. )

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    A person who negligently, willfully, or maliciously damages or destroys certain highways, bridges, or private ways, or diverts water onto a public highway in a damaging or traffic-hazardous way, commits a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. ) ## 588. Every person who negligently, willfully or maliciously digs up, removes, displaces, breaks down or otherwise injures or destroys any state or other public highway or bridge, or any private way, laid out by authority of law, or bridge upon any such highway or private way, or who negligently, willfully or maliciously sprinkles, drains, diverts or in any manner permits water from any sprinkler, ditch, canal, flume, or reservoir to flow upon or saturate by seepage any public highway, which act tends to damage such highway or tends to be a hazard to traffic thereon, shall be guilty of a misdemeanor. This section shall not apply to the natural flow of surface or flood waters that are not diverted, accelerated or concentrated by such person. (Amended by Stats. 1963, Ch. 1625.)
  112. 588a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. )

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    It is a crime to throw or place certain debris or substances on a public highway in California.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. ) ## 588a. Any person who throws or deposits any oil, glass bottle, glass, nails, tacks, hoops, wire, cans, or any other substance likely to injure any person, animal or vehicle upon any public highway in the State of California shall be guilty of a misdemeanor; provided, however, that any person who willfully deposits any such substance upon any public highway in the State of California with the intent to cause great bodily injury to other persons using the highway shall be guilty of a felony. (Amended by Stats. 1963, Ch. 250.)
  113. 588b

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. )

    Verify source ↗

    A person must not wilfully damage or remove road or highway barriers, warnings, signs, lights, lanterns, or reflectors placed by the authorities or an authorized contractor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. ) ## 588b. Any person who wilfully breaks down, removes, injures, or destroys any barrier or obstruction erected or placed in or upon any road or highway by the authorities in charge thereof, or by any authorized contractor engaged in the construction or maintenance thereof, or who tears down, defaces, removes, or destroys any warnings, notices, or directional signs erected, placed or posted in, upon, or adjacent to any road or highway, or who extinguishes, removes, injures, or destroys any warning light or lantern, or reflectorized warning or directional sign, erected, placed or maintained by any such authority in, upon or adjacent to any such road or highway, shall be guilty of a misdemeanor. (Amended by Stats. 1933, Ch. 403.)
  114. 590.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. )

    Verify source ↗

    It is a misdemeanor for any person to maliciously remove, destroy, injure, break, or deface mile posts, boards, stones, guide posts, or inscriptions on them near a highway.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. ) ## 590. Every person who maliciously removes, destroys, injures, breaks or defaces any mile post, board or stone, or guide post erected on or near any highway, or any inscription thereon, is guilty of a misdemeanor. (Amended by Stats. 1907, Ch. 489.)
  115. 590a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. )

    Verify source ↗

    Half of fines collected under Section 590 must be paid to the first informer who causes a complaint to be filed.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. ) ## 590a. One-half of all fines imposed and collected under Section 590 shall be paid to the informer who first causes a complaint to be filed charging the defendant with the violation of Section 590. (Amended by Stats. 1987, Ch. 828, Sec. 35.)
  116. 591.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. )

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    A person must not unlawfully and maliciously interfere with telegraph, telephone, cable television, or electricity lines and related equipment; violations are punishable by jail and/or a fine.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. ) ## 591. A person who unlawfully and maliciously takes down, removes, injures, disconnects, cuts, or obstructs a line of telegraph, telephone, or cable television, or any line used to conduct electricity, or any part thereof, or appurtenances or apparatus connected therewith, including, but not limited to, a backup deep cycle battery or other power supply, or severs any wire thereof, or makes an unauthorized connection with any line, other than a telegraph, telephone, or cable television line, used to conduct electricity, or any part thereof, or appurtenances or apparatus connected therewith, is subject to punishment by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine, or by imprisonment in a county jail for 16 months, two or three years pursuant to subdivision (h) of Section 1170 and a fine of up to ten thousand dollars ($10,000). (Amended by Stats. 2014, Ch. 332, Sec. 1. (AB 1782) Effective January 1, 2015.)
  117. 591.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. )

    Verify source ↗

    A person must not unlawfully and maliciously damage, remove, injure, destroy, or obstruct a wireless communication device when doing so to stop someone from summoning assistance or notifying law enforcement or a public safety agency about a crime.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. ) ## 591.5. A person who unlawfully and maliciously removes, injures, destroys, damages, or obstructs the use of any wireless communication device with the intent to prevent the use of the device to summon assistance or notify law enforcement or any public safety agency of a crime is guilty of a misdemeanor. (Amended by Stats. 2006, Ch. 695, Sec. 1. Effective January 1, 2007.)
  118. 592.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. )

    Verify source ↗

    Taking water from certain canals, ditches, flumes, or reservoirs without authority and with intent to defraud is a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. ) ## 592. (a) Every person who shall, without authority of the owner or managing agent, and with intent to defraud, take water from any canal, ditch, flume, or reservoir used for the purpose of holding or conveying water for manufacturing, agricultural, mining, irrigating, generation of power, or domestic uses is guilty of a misdemeanor. (b) If the total retail value of all the water taken is more than nine hundred fifty dollars ($950), or if the defendant has previously been convicted of an offense under this section or any former section that would be an offense under this section, or of an offense under the laws of another state or of the United States that would have been an offense under this section if committed in this state, then the violation is punishable by imprisonment in a county jail for not more than one year, or in the state prison. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 28, Sec. 33. (SB 18 3x) Effective January 25, 2010.)
  119. 593.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. )

    Verify source ↗

    A person who unlawfully and maliciously damages or interferes with electricity transmission lines, wires, cables, or related parts commits an offense and may be punished by imprisonment or a fine.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. ) ## 593. Every person who unlawfully and maliciously takes down, removes, injures, interferes with, or obstructs any line erected or maintained by proper authority for the purpose of transmitting electricity for light, heat, or power, or any part thereof, or any insulator or crossarm, appurtenance or apparatus connected therewith, or severs or in any way interferes with any wire, cable, or current thereof, is punishable by imprisonment pursuant to subdivision (h) of Section 1170, or by fine not exceeding one thousand dollars ($1,000), or imprisonment in the county jail not exceeding one year. (Amended by Stats. 2011, Ch. 15, Sec. 405. (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.)
  120. 593a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. )

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    It is a felony to put hard material into trees, saw-logs, shingle-bolts, or similar wood when you know the wood is meant to be harvested or made into lumber or other wood products.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. ) ## 593a. (a) Every person who maliciously drives or places, in any tree, saw-log, shingle-bolt, or other wood, any iron, steel, ceramic, or other substance sufficiently hard to injure saws, knowing that the tree is intended to be harvested or that the saw-log, shingle-bolt, or other wood is intended to be manufactured into any kind of lumber or other wood product, is guilty of a felony. (b) Any person who violates subdivision (a) and causes bodily injury to another person other than an accomplice shall, in addition and consecutive to the punishment prescribed for that felony, be punished by an additional prison term of three years. (Amended by Stats. 1987, Ch. 1132, Sec. 1. Effective September 25, 1987. Operative September 30, 1987, by Sec. 4 of Ch. 1132.)
  121. 593b

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. )

    Verify source ↗

    A person must not climb onto covered electrical transmission structures without written permission from the owner or operator.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. ) ## 593b. Every person who shall, without the written permission of the owner, lessee, or person or corporation operating any electrical transmission line, distributing line or system, climb upon any pole, tower or other structure which is a part of such line or system and is supporting or is designed to support a wire or wires, cable or cables, for the transmission or distribution of electric energy, shall be deemed guilty of a misdemeanor; provided, that nothing herein shall apply to employees of either privately or publicly owned public utilities engaged in the performance of their duties. (Added by Stats. 1935, Ch. 106.)
  122. 593c

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. )

    Verify source ↗

    A person who willfully and maliciously damages or interferes with covered gas or hazardous liquid pipeline equipment commits a felony.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. ) ## 593c. Every person who willfully and maliciously breaks, digs up, obstructs, interferes with, removes or injures any pipe or main or hazardous liquid pipeline erected, operated, or maintained for the purpose of transporting, conveying or distributing gas or other hazardous liquids for light, heat, power or any other purpose, or any part thereof, or any valve, meter, holder, compressor, machinery, appurtenance, equipment or apparatus connected with any such main or pipeline, or used in connection with or affecting the operation thereof or the conveying of gas or hazardous liquid therethrough, or shuts off, removes, obstructs, injures, or in any way interferes with any valve or fitting installed on, connected to, or operated in connection with any such main or pipeline, or controlling or affecting the flow of gas or hazardous liquid through any such main or pipeline, is guilty of a felony. (Amended by Stats. 1988, Ch. 844, Sec. 1.)
  123. 593d

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. )

    Verify source ↗

    This section makes it a public offense to use unauthorized connections, devices, or signal-decoding equipment to intercept or transmit multichannel video or information services, and it sets penalties and civil remedies.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. ) ## 593d. (a) Except as provided in subdivision (e), any person who, for the purpose of intercepting, receiving, or using any program or other service carried by a multichannel video or information services provider that the person is not authorized by that provider to receive or use, commits any of the following acts is guilty of a public offense: (1) Knowingly and willfully makes or maintains an unauthorized connection or connections, whether physically, electrically, electronically, or inductively, to any cable, wire, or other component of a multichannel video or information services provider’s system or to a cable, wire or other media, or receiver that is attached to a multichannel video or information services provider’s system. (2) Knowingly and willfully purchases, possesses, attaches, causes to be attached, assists others in attaching, or maintains the attachment of any unauthorized device or devices to any cable, wire, or other component of a multichannel video or information services provider’s system or to a cable, wire or other media, or receiver that is attached to a multichannel video or information services provider’s system. (3) Knowingly and willfully makes or maintains any modification or alteration to any device installed with the authorization of a multichannel video or information services provider. (4) Knowingly and willfully makes or maintains any modifications or alterations to an access device that authorizes services or knowingly and willfully obtains an unauthorized access device and uses the modified, altered, or unauthorized access device to obtain services from a multichannel video or information services provider. For purposes of this section, each purchase, possession, connection, attachment, or modification shall constitute a separate violation of this section. (b) Except as provided in subdivision (e), any person who knowingly and willfully manufactures, assembles, modifies, imports into this state, distributes, sells, offers to sell, advertises for sale, or possesses for any of these purposes, any device or kit for a device, designed, in whole or in part, to decrypt, decode, descramble, or otherwise make intelligible any encrypted, encoded, scrambled, or other nonstandard signal carried by a multichannel video or information services provider, unless the device has been granted an equipment authorization by the Federal Communications Commission (FCC), is guilty of a public offense. For purposes of this subdivision, “encrypted, encoded, scrambled, or other nonstandard signal” means any type of signal or transmission that is not intended to produce an intelligible program or service without the use of a special device, signal, or information provided by the multichannel video or information services provider or its agents to authorized subscribers. (c) Every person who knowingly and willfully makes or maintains an unauthorized connection or connections with, whether physically, electrically, electronically, or inductively, or who attaches, causes to be attached, assists others in attaching, or maintains any attachment to, any cable, wire, or other component of a multichannel video or information services provider’s system, for the purpose of interfering with, altering, or degrading any multichannel video or information service being transmitted to others, or for the purpose of transmitting or broadcasting any program or other service not intended to be transmitted or broadcast by the multichannel video or information services provider, is guilty of a public offense. For purposes of this section, each transmission or broadcast shall constitute a separate violation of this section. (d) (1) Any person who violates subdivision (a) shall be punished by a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail not exceeding 90 days, or by both that fine and imprisonment. (2) Any person who violates subdivision (b) shall be punished as follows: (A) If the violation involves the manufacture, assembly, modification, importation into this state, distribution, advertisement for sale, or possession for sale or for any of these purposes, of 10 or more of the items described in subdivision (b), or the sale or offering for sale of five or more items for financial gain, the person shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison, by a fine not exceeding two hundred fifty thousand dollars ($250,000), or by both that imprisonment and fine. (B) If the violation involves the manufacture, assembly, modification, importation into this state, distribution, advertisement for sale, or possession for sale or for any of these purposes, of nine or less of the items described in subdivision (b), or the sale or offering for sale of four or less items for financial gain, shall upon a conviction of a first offense, be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding twenty-five thousand dollars ($25,000), or by both that imprisonment and fine. A second or subsequent conviction shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison, by a fine not exceeding one hundred thousand dollars ($100,000), or by both that imprisonment and fine. (3) Any person who violates subdivision (c) shall be punished by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in a county jail, or by both that fine and imprisonment. (e) Any device or kit described in subdivision (a) or (b) seized under warrant or incident to a lawful arrest, upon the conviction of a person for a violation of subdivision (a) or (b), may be destroyed as contraband by the sheriff. (f) Any person who violates this section shall be liable in a civil action to the multichannel video or information services provider for the greater of the following amounts: (1) Five thousand dollars ($5,000). (2) Three times the amount of actual damages, if any, sustained by the plaintiff plus reasonable attorney’s fees. A defendant who prevails in the action shall be awarded his or her reasonable attorney’s fees. (g) Any multichannel video or information services provider may, in accordance with the provisions of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, bring an action to enjoin and restrain any violation of this section, and may in the same action seek damages as provided in subdivision (f). (h) It is not a necessary prerequisite to an action pursuant to this section that the plaintiff has suffered, or be threatened with, actual damages. (i) For the purposes of this section, a “multichannel video or information services provider” means a franchised or otherwise duly licensed cable television system, video dialtone system, Multichannel Multipoint Distribution Service system, Direct Broadcast Satellite system, or other system providing video or information services that are distributed via cable, wire, radio frequency, or other media. A video dialtone system is a platform operated by a public utility telephone corporation for the transport of video programming as authorized by the Federal Communications Commission pursuant to FCC Docket No. 87-266, and any subsequent decisions related to that docket, subject to any rules promulgated by the FCC pursuant to those decisions. (Amended by Stats. 2001, Ch. 854, Sec. 31. Effective January 1, 2002.)
  124. 593e

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. )

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    This section makes unauthorized subscription-TV interception or device trafficking a misdemeanor and sets civil damages and injunction remedies.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. ) ## 593e. (a) Every person who knowingly and willfully makes or maintains an unauthorized connection or connections, whether physically, electrically, or inductively, or purchases, possesses, attaches, causes to be attached, assists others in or maintains the attachment of any unauthorized device or devices to a television set or to other equipment designed to receive a television broadcast or transmission, or makes or maintains any modification or alteration to any device installed with the authorization of a subscription television system, for the purpose of intercepting, receiving, or using any program or other service carried by the subscription television system which the person is not authorized by that subscription television system to receive or use, is guilty of a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding 90 days, or by both that fine and imprisonment. For the purposes of this section, each purchase, possession, connection, attachment or modification shall constitute a separate violation of this section. (b) Every person who, without the express authorization of a subscription television system, knowingly and willfully manufactures, imports into this state, assembles, distributes, sells, offers to sell, possesses, advertises for sale, or otherwise provides any device, any plan, or any kit for a device or for a printed circuit, designed in whole or in part to decode, descramble, intercept, or otherwise make intelligible any encoded, scrambled, or other nonstandard signal carried by that subscription television system, is guilty of a misdemeanor punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail, or by both that fine and imprisonment. A second or subsequent conviction is punishable by a fine not exceeding twenty thousand dollars ($20,000), or by imprisonment in a county jail for up to one year, or by both that fine and imprisonment. (c) Any person who violates the provisions of subdivision (a) shall be liable to the subscription television system for civil damages in the amount of the value of the connection and subscription fees service actually charged by the subscription television system for the period of unauthorized use according to proof. Any person who violates the provisions of subdivision (b) shall be liable to the subscription television system at the election of the subscription television system for either of the following amounts: (1) An award of statutory damages in an aggregate amount of not less than five hundred dollars ($500) or more than ten thousand dollars ($10,000), as the court deems just, for each device, plan, or kit for a device, or for a printed circuit manufactured, imported, assembled, sold, offered for sale, possessed, advertised for sale, or otherwise provided in violation of subdivision (b), to be awarded instead of actual damages and profits. (2) Three times the amount of actual damages sustained by the plaintiff as a result of the violation or violations of this section and any revenues which have been obtained by the defendant as a result of the violation or violations, or an amount equal to three times the value of the services unlawfully obtained, or the sum of five hundred dollars ($500) for each unauthorized device manufactured, sold, used, or distributed, whichever is greater, and, when appropriate, punitive damages. For the purposes of this subdivision, revenues which have been obtained by the defendant as a result of a violation or violations of this section shall not be included in computing actual damages. In a case where the court finds that any activity set forth in subdivision (b) was committed knowingly and willfully and for purposes of commercial advantage or private financial gain, the court in its discretion may increase the award of damages, whether actual or statutory, by an amount of not more than fifty thousand dollars ($50,000). It shall not constitute a use for “commercial advantage or private financial gain” for any person to receive a subscription television signal within a residential unit as defined herein. (d) In any civil action filed pursuant to this section, the court shall allow the recovery of full costs plus an award of reasonable attorney’s fees to the prevailing party. (e) Any subscription television system may, in accordance with the provisions of Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, bring an action to enjoin and restrain any violation of this section without having to make a showing of special or irreparable damage, and may in the same action seek damages as provided in subdivision (c). Upon the execution of a proper bond against damages for an injunction improvidently granted, a temporary restraining order or a preliminary injunction may be issued in any action before a final determination on the merits. (f) It is not necessary that the plaintiff have incurred actual damages, or be threatened with incurring actual damages, as a prerequisite to bringing an action pursuant to this section. (g) For the purposes of this section, an encoded, scrambled, or other nonstandard signal shall include, without limitation, any type of distorted signal or transmission that is not intended to produce an intelligible program or service without the use of special devices or information provided by the sender for the receipt of this type of signal or transmission. (h) (1) For the purposes of this section, a “subscription television system” means a television system which sends an encoded, scrambled, or other nonstandard signal over the air which is not intended to be received in an intelligible form without special equipment provided by or authorized by the sender. (2) For purposes of this section, “residential unit” is defined as any single-family residence, mobilehome within a mobilehome park, condominium, unit or an apartment or multiple-housing unit leased or rented for residential purposes. (Amended by Stats. 2001, Ch. 854, Sec. 32. Effective January 1, 2002.)
  125. 593f

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. )

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    A person who knowingly and willfully, for profit, makes, distributes, or sells certain unauthorized decoding devices, plans, kits, or circuitry is guilty of a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. ) ## 593f. Every person who for profit knowingly and willfully manufactures, distributes, or sells any device or plan or kit for a device, or printed circuit containing circuitry for decoding or addressing with the purpose or intention of facilitating decoding or addressing of any over-the-air transmission by a Multi-point Distribution Service or Instructional Television Fixed Service made pursuant to authority granted by the Federal Communications Commission which is not authorized by the Multi-point Distribution Service or the Instructional Television Fixed Service is guilty of a misdemeanor punishable by a fine not exceeding two thousand five hundred dollars ($2,500) or by imprisonment in the county jail not exceeding 90 days, or both. (Added by Stats. 1984, Ch. 833, Sec. 1. Effective August 31, 1984.)
  126. 593g

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. )

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    A person who, intending to use it to violate Section 593a, possesses certain hard substances that can damage saws or wood-processing equipment can be imprisoned in county jail for up to one year.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. ) ## CHAPTER 15. Malicious Injuries to Railroad Bridges, Highways, Bridges, and Telegraphs [587 - 593g] ( Chapter 15 enacted 1872. ) ## 593g. Every person who, with the intent to use it in a violation of Section 593a, possesses any iron, steel, ceramic, or other substance sufficiently hard to injure saws or wood manufacturing or processing equipment, shall be punished by imprisonment in the county jail not to exceed one year. This section shall only become operative if Senate Bill 1176 of the 1987–88 Regular Session of the Legislature is enacted and becomes effective on or before January 1, 1988. (Added by Stats. 1987, Ch. 1414, Sec. 1. Note: SB 1176 was enacted as Stats. 1987, Ch. 1132.)
  127. 594.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    This section makes malicious graffiti, damage, or destruction of another person’s property vandalism and sets fines, jail, and related court orders.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 594. (a) Every person who maliciously commits any of the following acts with respect to any real or personal property not his or her own, in cases other than those specified by state law, is guilty of vandalism: (1) Defaces with graffiti or other inscribed material. (2) Damages. (3) Destroys. Whenever a person violates this subdivision with respect to real property, vehicles, signs, fixtures, furnishings, or property belonging to any public entity, as defined by Section 811.2 of the Government Code, or the federal government, it shall be a permissive inference that the person neither owned the property nor had the permission of the owner to deface, damage, or destroy the property. (b) (1) If the amount of defacement, damage, or destruction is four hundred dollars ($400) or more, vandalism is punishable by imprisonment pursuant to subdivision (h) of Section 1170 or in a county jail not exceeding one year, or by a fine of not more than ten thousand dollars ($10,000), or if the amount of defacement, damage, or destruction is ten thousand dollars ($10,000) or more, by a fine of not more than fifty thousand dollars ($50,000), or by both that fine and imprisonment. (2) (A) If the amount of defacement, damage, or destruction is less than four hundred dollars ($400), vandalism is punishable by imprisonment in a county jail not exceeding one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment. (B) If the amount of defacement, damage, or destruction is less than four hundred dollars ($400), and the defendant has been previously convicted of vandalism or affixing graffiti or other inscribed material under Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7, vandalism is punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than five thousand dollars ($5,000), or by both that fine and imprisonment. (c) Upon conviction of any person under this section for acts of vandalism consisting of defacing property with graffiti or other inscribed materials, the court shall, when appropriate and feasible, in addition to any punishment imposed under subdivision (b), order the defendant to clean up, repair, or replace the damaged property himself or herself, or order the defendant, and his or her parents or guardians if the defendant is a minor, to keep the damaged property or another specified property in the community free of graffiti for up to one year. Participation of a parent or guardian is not required under this subdivision if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children. If the court finds that graffiti cleanup is inappropriate, the court shall consider other types of community service, where feasible. (d) If a minor is personally unable to pay a fine levied for acts prohibited by this section, the parent of that minor shall be liable for payment of the fine. A court may waive payment of the fine, or any part thereof, by the parent upon a finding of good cause. (e) As used in this section, the term “graffiti or other inscribed material” includes any unauthorized inscription, word, figure, mark, or design, that is written, marked, etched, scratched, drawn, or painted on real or personal property. (f) The court may order any person ordered to perform community service or graffiti removal pursuant to paragraph (1) of subdivision (c) to undergo counseling. (g) This section shall become operative on January 1, 2002. (Amended by Stats. 2011, Ch. 15, Sec. 406. (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. Note: This section was amended on March 7, 2000, by initiative Prop. 21.)
  128. 594.05.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    For Section 594, “damages” includes certain damage to transit, parks, and utility/water property or facilities when stealing or trying to steal nonferrous material.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 594.05. (a) For purposes of Section 594, “damages” includes damage caused to public transit property and facilities, public parks property and facilities, and public utilities and water property and facilities, in the course of stealing or attempting to steal nonferrous material, as defined in Section 21608.5 of the Business and Professions Code. (b) This section is declaratory of existing law. (Added by Stats. 2012, Ch. 82, Sec. 3. (AB 1971) Effective January 1, 2013.)
  129. 594.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    This section restricts sales, furnishing, possession, and public carrying of etching cream and certain paint containers, especially involving minors, and lets courts impose community service, graffiti removal, and counseling after conviction.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 594.1. (a) (1) It shall be unlawful for any person, firm, or corporation, except a parent or legal guardian, to sell or give or in any way furnish to another person, who is in fact under the age of 18 years, any etching cream or aerosol container of paint that is capable of defacing property without first obtaining bona fide evidence of majority and identity. (2) For purposes of this section, “etching cream” means any caustic cream, gel, liquid, or solution capable, by means of a chemical action, of defacing, damaging, or destroying hard surfaces in a manner similar to acid. (3) For purposes of this subdivision, “bona fide evidence of majority and identity” is any document evidencing the age and identity of an individual which has been issued by a federal, state, or local governmental entity, and includes, but is not limited to, a motor vehicle operator’s license, a registration certificate issued under the federal Selective Service Act, or an identification card issued to a member of the armed forces. (4) This subdivision shall not apply to the furnishing of six ounces or less of etching cream or an aerosol container of paint to a minor for the minor’s use or possession under the supervision of the minor’s parent, guardian, instructor, or employer. (5) Etching cream, aerosol containers of paint, or related substances may be furnished for use in school-related activities that are part of the instructional program when used under controlled and supervised situations within the classroom or on the site of a supervised project. These containers may not leave the supervised site and shall be inventoried by the instructor. This use shall comply with Section 32060 of the Education Code regarding the safe use of toxic art supplies in schools. (b) It shall be unlawful for any person under the age of 18 years to purchase etching cream or an aerosol container of paint that is capable of defacing property. (c) Every retailer selling or offering for sale in this state etching cream or aerosol containers of paint capable of defacing property shall post in a conspicuous place a sign in letters at least three-eighths of an inch high stating: “Any person who maliciously defaces real or personal property with etching cream or paint is guilty of vandalism which is punishable by a fine, imprisonment, or both.” (d) It is unlawful for any person to carry on his or her person and in plain view to the public etching cream or an aerosol container of paint while in any posted public facility, park, playground, swimming pool, beach, or recreational area, other than a highway, street, alley, or way, unless he or she has first received valid authorization from the governmental entity which has jurisdiction over the public area. As used in this subdivision, “posted” means a sign placed in a reasonable location or locations stating it is a misdemeanor to possess etching cream or a spray can of paint in that public facility, park, playground, swimming pool, beach, or recreational area without valid authorization. (e) (1) It is unlawful for any person under the age of 18 years to possess etching cream or an aerosol container of paint for the purpose of defacing property while on any public highway, street, alley, or way, or other public place, regardless of whether that person is or is not in any automobile, vehicle, or other conveyance. (2) As a condition of probation for any violation of this subdivision, the court may order a defendant convicted of a violation of this subdivision to perform community service as follows: (A) For a first conviction under this subdivision, community service not to exceed 100 hours over a period not to exceed 90 days during a time other than his or her hours of school attendance or employment. (B) If the person has a prior conviction under this subdivision, community service not to exceed 200 hours over a period of 180 days during a time other than his or her hours of school attendance or employment. (C) If the person has two prior convictions under this subdivision, community service not to exceed 300 hours over a period not to exceed 240 days during a time other than his or her hours of school attendance or employment. (f) Violation of any provision of this section is a misdemeanor. Upon conviction of any person under this section, the court may, in addition to any other punishment imposed, if the jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594, order the defendant, and his or her parents or guardians if the defendant is a minor, to keep the damaged property or another specified property in the community free of graffiti, as follows: (1) For a first conviction under this section, for 90 days. (2) If the defendant has a prior conviction under this section, for 180 days. (3) If the defendant has two or more prior convictions under this section, for 240 days. Participation of a parent or guardian is not required under this subdivision if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children. (g) The court may order any person ordered to perform community service or graffiti removal pursuant to subdivision (e) or (f) to undergo counseling. (Amended by Stats. 2002, Ch. 523, Sec. 1. Effective January 1, 2003.)
  130. 594.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    Possessing certain tools or marking substances with intent to commit vandalism or graffiti is a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 594.2. (a) Every person who possesses a masonry or glass drill bit, a carbide drill bit, a glass cutter, a grinding stone, an awl, a chisel, a carbide scribe, an aerosol paint container, a felt tip marker, or any other marking substance with the intent to commit vandalism or graffiti, is guilty of a misdemeanor. (b) As a condition of probation for any violation of this section, the court may order the defendant to perform community service not to exceed 90 hours during a time other than his or her hours of school attendance or employment. (c) For the purposes of this section: (1) “Felt tip marker” means any broad-tipped marker pen with a tip exceeding three-eighths of one inch in width, or any similar implement containing an ink that is not water soluble. (2) “Marking substance” means any substance or implement, other than aerosol paint containers and felt tip markers, that could be used to draw, spray, paint, etch, or mark. (Amended by Stats. 1994, Ch. 911, Sec. 1. Effective January 1, 1995.)
  131. 594.3.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    Knowingly vandalizing certain religious buildings or a cemetery is a crime, with harsher felony treatment if it is a hate crime done to intimidate people from practicing their religion.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 594.3. (a) Any person who knowingly commits any act of vandalism to a church, synagogue, mosque, temple, building owned and occupied by a religious educational institution, or other place primarily used as a place of worship where religious services are regularly conducted or a cemetery is guilty of a crime punishable by imprisonment in a county jail for not exceeding one year or imprisonment pursuant to subdivision (h) of Section 1170. (b) Any person who knowingly commits any act of vandalism to a church, synagogue, mosque, temple, building owned and occupied by a religious educational institution, or other place primarily used as a place of worship where religious services are regularly conducted or a cemetery, which is shown to have been a hate crime and to have been committed for the purpose of intimidating and deterring persons from freely exercising their religious beliefs, is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170. (c) For purposes of this section, “hate crime” has the same meaning as Section 422.55. (Amended by Stats. 2011, Ch. 15, Sec. 407. (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.)
  132. 594.35.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A person commits a crime if they maliciously damage or interfere with listed cemetery, mortuary, or funeral-related property or activities.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 594.35. Every person is guilty of a crime and punishable by imprisonment pursuant to subdivision (h) of Section 1170 or by imprisonment in a county jail for not exceeding one year, who maliciously does any of the following: (a) Destroys, cuts, mutilates, effaces, or otherwise injures, tears down, or removes any tomb, monument, memorial, or marker in a cemetery, or any gate, door, fence, wall, post or railing, or any enclosure for the protection of a cemetery or mortuary or any property in a cemetery or mortuary. (b) Obliterates any grave, vault, niche, or crypt. (c) Destroys, cuts, breaks or injures any mortuary building or any building, statuary, or ornamentation within the limits of a cemetery. (d) Disturbs, obstructs, detains or interferes with any person carrying or accompanying human remains to a cemetery or funeral establishment, or engaged in a funeral service, or an interment. (Amended by Stats. 2011, Ch. 15, Sec. 408. (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.)
  133. 594.37.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A person may not picket a funeral during the protected time window, except on private property.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 594.37. (a) It is unlawful, except upon private property, for a person to engage in picketing targeted at a funeral during the time period beginning one hour prior to the funeral and ending one hour after the conclusion of the funeral. (b) Any violation of subdivision (a) is punishable by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. (c) For purposes of this section: (1) “Funeral” means the ceremony or memorial service held in connection with the burial or cremation of a deceased person. “Funeral” does not mean any nonburial or noncremation activities, businesses, or services. (2) “Picketing,” for purposes of this section only, means protest activities engaged in by any person within 300 feet of a burial site, mortuary, or place of worship. (3) “Protest activities” includes oration, speech, use of sound amplification equipment in a manner that is intended to make or makes speech, including, but not limited to, oration audible to participants in a funeral, or similar conduct that is not part of the funeral, before an assembled group of people. (4) “Targeted at” means directed at or toward the deceased person or the attendees of a funeral. (d) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2012, Ch. 354, Sec. 2. (SB 661) Effective January 1, 2013.)
  134. 594.39.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    It is unlawful to come within 30 feet of a person near a vaccination site entrance or exit for the purpose of obstructing, injuring, harassing, intimidating, or interfering with that person or an occupied vehicle.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 594.39. (a) It is unlawful to knowingly approach within 30 feet of any person while a person is within 100 feet of the entrance or exit of a vaccination site and is seeking to enter or exit a vaccination site, or any occupied motor vehicle seeking entry or exit to a vaccination site, for the purpose of obstructing, injuring, harassing, intimidating, or interfering with that person or vehicle occupant. (b) A violation of subdivision (a) is punishable by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. (c) For purposes of this section: (1) “Harassing” means knowingly approaching, without consent, within 30 feet of another person or occupied vehicle for the purpose of passing a leaflet or handbill to, displaying a sign to, or engaging in oral protest, education, or counseling with, that other person in a public way or on a sidewalk area. (2) “Interfering with” means restricting a person’s freedom of movement. (3) “Intimidating” means making a true threat directed to a person or group of persons with the intent of placing that person or group of persons in fear of bodily harm or death. (4) “Obstructing” means rendering ingress to or egress from a vaccination site, or rendering passage to or from a vaccination site, unreasonably difficult or hazardous. (5) “True threat” means a statement in which the speaker means to communicate a serious expression of an intent to commit an act of unlawful violence to a particular person or group of persons regardless of whether the person actually intends to act on the threat. (6) “Vaccination site” means the physical location where vaccination services are provided, including, but not limited to, a hospital, physician’s office, clinic, or any retail space or pop-up location made available for vaccination services. (d) It is not a violation of this section to engage in lawful picketing arising out of a labor dispute, as provided in Section 527.3 of the Code of Civil Procedure. (e) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Added by Stats. 2021, Ch. 737, Sec. 2. (SB 742) Effective October 8, 2021.)
  135. 594.4.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    It is a public offense to willfully and maliciously damage, deface, destroy, contaminate, or otherwise treat a structure with butyric acid or a similar noxious or caustic substance.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 594.4. (a) Any person who willfully and maliciously injects into or throws upon, or otherwise defaces, damages, destroys, or contaminates, any structure with butyric acid, or any other similar noxious or caustic chemical or substance, is guilty of a public offense, punishable by imprisonment pursuant to subdivision (h) of Section 1170 or in a county jail not exceeding 6 months, by a fine as specified in subdivision (b), or by both that imprisonment and fine. (b) (1) If the amount of the defacement, damage, destruction, or contamination is fifty thousand dollars ($50,000) or more, by a fine of not more than fifty thousand dollars ($50,000). (2) If the amount of the defacement, damage, destruction, or contamination is five thousand dollars ($5,000) or more, but less than fifty thousand dollars ($50,000), by a fine of not more than ten thousand dollars ($10,000). (3) If the amount of defacement, damage, destruction, or contamination is nine hundred fifty dollars ($950) or more, but less than five thousand dollars ($5,000), by a fine of not more than five thousand dollars ($5,000). (4) If the amount of the defacement, damage, destruction, or contamination is less than nine hundred fifty dollars ($950), by a fine of not more than one thousand dollars ($1,000). (c) For purposes of this section, “structure” includes any house or other building being used at the time of the offense for a dwelling or for commercial purposes. (Amended by Stats. 2011, Ch. 15, Sec. 409. (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.)
  136. 594.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    This section says state law does not block a city, city and county, or county from adopting certain local ordinances about aerosol paint containers or graffiti controls.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 594.5. Nothing in this code shall invalidate an ordinance of, nor be construed to prohibit the adoption of an ordinance by, a city, city and county, or county, if the ordinance regulates the sale of aerosol containers of paint or other liquid substances capable of defacing property or sets forth civil administrative regulations, procedures, or civil penalties governing the placement of graffiti or other inscribed material on public or private, real or personal property. (Amended by Stats. 1995, Ch. 42, Sec. 1. Effective January 1, 1996.)
  137. 594.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    The court may order a person convicted of certain vandalism or graffiti offenses to do community service, keep property free of graffiti, and undergo counseling as probation conditions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 594.6. (a) Every person who, having been convicted of vandalism or affixing graffiti or other inscribed material under Section 594, 594.3, 594.4, or 640.7, or any combination of these offenses, may be ordered by the court as a condition of probation to perform community service not to exceed 300 hours over a period not to exceed one year during a time other than his or her hours of school attendance or employment. Nothing in this subdivision shall limit the court from ordering the defendant to perform a longer period of community service if a longer period of community service is authorized under other provisions of law. (b) In lieu of the community service that may be ordered pursuant to subdivision (a), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594, order the defendant, and his or her parents or guardians if the defendant is a minor, as a condition of probation, to keep a specified property in the community free of graffiti for up to one year. Participation of a parent or guardian is not required under this subdivision if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children. (c) The court may order any person ordered to perform community service or graffiti removal pursuant to subdivision (a) or (b) to undergo counseling. (Amended by Stats. 2013, Ch. 791, Sec. 1. (AB 1325) Effective January 1, 2014.)
  138. 594.7.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    Repeat vandalism offenders meeting the prior-conviction conditions are subject to jail or state prison imprisonment.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 594.7. Notwithstanding subdivision (b) of Section 594, every person who, having been convicted previously of vandalism under Section 594 for maliciously defacing with graffiti or other inscribed material any real or personal property not his or her own on two separate occasions and having been incarcerated pursuant to a sentence, a conditional sentence, or a grant of probation for at least one of the convictions, is subsequently convicted of vandalism under Section 594, shall be punished by imprisonment in a county jail not exceeding one year, or in the state prison. (Amended by Stats. 1994, Ch. 909, Sec. 6. Effective January 1, 1995.)
  139. 594.8.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A juvenile offender convicted of certain graffiti-related conduct must do at least 24 hours of community service, with a parent or guardian present for part of it unless the court excuses that participation. The court can instead order graffiti-free property maintenance for at least 60 days, and may also order counseling.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 594.8. (a) Any person convicted of possession of a destructive implement with intent to commit graffiti or willfully affixing graffiti under Section 594.2, 640.5, 640.6, or 640.7, where the offense was committed when he or she was under the age of 18 years, shall perform not less than 24 hours of community service during a time other than his or her hours of school attendance or employment. One parent or guardian shall be present at the community service site for at least one-half of the hours of community service required under this section unless participation by the parent, guardian, or foster parent is deemed by the court to be inappropriate or potentially detrimental to the child. (b) In lieu of the community service required pursuant to subdivision (a), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594, order the defendant, and his or her parents or guardians if the defendant is a minor, to keep a specified property in the community free of graffiti for at least 60 days. Participation of a parent or guardian is not required under this subdivision if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children. (c) The court may order any person ordered to perform community service or graffiti removal pursuant to subdivision (a) or (b) to undergo counseling. (Amended by Stats. 1996, Ch. 600, Sec. 5. Effective January 1, 1997.)
  140. 595.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    This section says the listed acts in the following sections are not meant to limit or narrow how the earlier section is interpreted.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 595. The specification of the Acts enumerated in the following sections of this Chapter is not intended to restrict or qualify the interpretation of the preceding section. (Enacted 1872.)
  141. 596.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    It is a misdemeanor to wilfully poison or try to poison another person’s animal without the owner’s consent. A limited exception applies for poisoning on one’s own property to control predatory animals or livestock-killing dogs if specific warning signs are posted and maintained.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 596. Every person who, without the consent of the owner, wilfully administers poison to any animal, the property of another, or exposes any poisonous substance, with the intent that the same shall be taken or swallowed by any such animal, is guilty of a misdemeanor. However, the provisions of this section shall not apply in the case of a person who exposes poisonous substances upon premises or property owned or controlled by him for the purpose of controlling or destroying predatory animals or livestock-killing dogs and if, prior to or during the placing out of such poisonous substances, he shall have posted upon the property conspicuous signs located at intervals of distance not greater than one-third of a mile apart, and in any case not less than three such signs having words with letters at least one inch high reading “Warning—Poisoned bait placed out on these premises,” which signs shall be kept in place until the poisonous substances have been removed. Whenever such signs have been conspicuously located upon the property or premises owned or controlled by him as hereinabove provided, such person shall not be charged with any civil liability to another party in the event that any domestic animal belonging to such party becomes injured or killed by trespassing or partaking of the poisonous substance or substances so placed. (Amended by Stats. 1941, Ch. 494.)
  142. 596.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    Owners or managers of elephants must not abuse an elephant or discipline it by certain harmful methods.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 596.5. It shall be a misdemeanor for any owner or manager of an elephant to engage in abusive behavior towards the elephant, which behavior shall include the discipline of the elephant by any of the following methods: (a) Deprivation of food, water, or rest. (b) Use of electricity. (c) Physical punishment resulting in damage, scarring, or breakage of skin. (d) Insertion of any instrument into any bodily orifice. (e) Use of martingales. (f) Use of block and tackle. (Added by Stats. 1989, Ch. 1423, Sec. 1.)
  143. 596.7.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    Rodeo management must have a licensed veterinarian available during rodeo performances, protect injured animals, and follow reporting and equipment-use rules.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 596.7. (a) (1) For purposes of this section, “rodeo” means a performance featuring competition between persons that includes three or more of the following events: bareback bronc riding, saddle bronc riding, bull riding, calf roping, steer wrestling, or team roping. (2) A rodeo performed on private property for which admission is charged, or that sells or accepts sponsorships, or is open to the public constitutes a performance for the purpose of this subdivision. (b) The management of any professionally sanctioned or amateur rodeo that intends to perform in any city, county, or city and county shall ensure that there is a veterinarian licensed to practice in this state present at all times during the performances of the rodeo, or a veterinarian licensed to practice in the state who is on-call and able to arrive at the rodeo within one hour after a determination has been made that there is an injury which requires treatment to be provided by a veterinarian. (c) (1) The attending or on-call veterinarian shall have complete access to the site of any event in the rodeo that uses animals. (2) The attending or on-call veterinarian may, for good cause, declare any animal unfit for use in any rodeo event. (d) (1) Any animal that is injured during the course of, or as a result of, any rodeo event shall receive immediate examination and appropriate treatment by the attending veterinarian or shall begin receiving examination and appropriate treatment by a veterinarian licensed to practice in this state within one hour of the determination of the injury requiring veterinary treatment. (2) The attending or on-call veterinarian shall submit a brief written listing of any animal injury requiring veterinary treatment to the Veterinary Medical Board within 48 hours of the conclusion of the rodeo. (3) The rodeo management shall ensure that there is a conveyance available at all times for the immediate and humane removal of any injured animal. (e) The rodeo management shall ensure that no electric prod or similar device is used on any animal once the animal is in the holding chute, unless necessary to protect the participants and spectators of the rodeo. (f) A violation of this section is an infraction and shall be punishable as follows: (1) A fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000) for a first violation. (2) A fine of not less than one thousand five hundred dollars ($1,500) and not more than five thousand dollars ($5,000) for a second or subsequent violation. (Amended by Stats. 2007, Ch. 714, Sec. 1. Effective January 1, 2008.)
  144. 597.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597. (a) Except as provided in subdivision (c) of this section or Section 599c, a person who maliciously and intentionally maims, mutilates, tortures, or wounds a living animal, or maliciously and intentionally kills an animal, is guilty of a crime punishable pursuant to subdivision (d). (b) Except as otherwise provided in subdivision (a) or (c), a person who overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, drink, or shelter, cruelly beats, mutilates, or cruelly kills an animal, or causes or procures an animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, drink, shelter, or to be cruelly beaten, mutilated, or cruelly killed; and whoever, having the charge or custody of an animal, either as owner or otherwise, subjects an animal to needless suffering, or inflicts unnecessary cruelty upon the animal, or in any manner abuses an animal, or fails to provide the animal with proper food, drink, or shelter, or protection from the weather, or who drives, rides, or otherwise uses the animal when unfit for labor, is, for each offense, guilty of a crime punishable pursuant to subdivision (d). (c) A person who maliciously and intentionally maims, mutilates, or tortures a mammal, bird, reptile, amphibian, or fish, as described in subdivision (e), is guilty of a crime punishable pursuant to subdivision (d). (d) A violation of subdivision (a), (b), or (c) is punishable as a felony by imprisonment pursuant to subdivision (h) of Section 1170, or by a fine of not more than twenty thousand dollars ($20,000), or by both that fine and imprisonment, or alternatively, as a misdemeanor by imprisonment in a county jail for not more than one year, or by a fine of not more than twenty thousand dollars ($20,000), or by both that fine and imprisonment. (e) (1) Subdivision (c) applies to a mammal, bird, reptile, amphibian, or fish that is a creature described as follows: (A) Endangered species or threatened species as described in Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code. (B) Fully protected birds described in Section 3511 of the Fish and Game Code. (C) Fully protected mammals described in Chapter 8 (commencing with Section 4700) of Part 3 of Division 4 of the Fish and Game Code. (D) Fully protected reptiles and amphibians described in Chapter 2 (commencing with Section 5050) of Division 5 of the Fish and Game Code. (E) Fully protected fish as described in Section 5515 of the Fish and Game Code. (2) This subdivision does not supersede or affect any law relating to taking of the described species, including, but not limited to, Section 12008 of the Fish and Game Code. (f) For the purposes of subdivision (c), each act of malicious and intentional maiming, mutilating, or torturing a separate specimen of a creature described in subdivision (e) is a separate offense. If a person is charged with a violation of subdivision (c), the proceedings shall be subject to Section 12157 of the Fish and Game Code. (g) (1) Upon the conviction of a person charged with a violation of this section by causing or permitting an act of cruelty, as defined in Section 599b, all animals lawfully seized and impounded with respect to the violation by a peace officer, officer of a humane society, or officer of an animal shelter or animal regulation department of a public agency shall be adjudged by the court to be forfeited and shall thereupon be awarded to the impounding officer for proper disposition. A person convicted of a violation of this section by causing or permitting an act of cruelty, as defined in Section 599b, shall be liable to the impounding officer for all costs of impoundment from the time of seizure to the time of proper disposition. (2) Mandatory seizure or impoundment shall not apply to animals in properly conducted scientific experiments or investigations performed under the authority of the faculty of a regularly incorporated medical college or university of this state. (Amended by Stats. 2023, Ch. 546, Sec. 2. (AB 829) Effective January 1, 2024.)
  145. 597.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    Animal owners or keepers who leave animals without proper care in listed public or private places can be guilty of a misdemeanor, and officers may seize, care for, hear, and sometimes euthanize or dispose of animals under specified procedures.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597.1. (a) (1) Every owner, driver, or keeper of any animal who permits the animal to be in any building, enclosure, lane, street, square, or lot of any city, county, city and county, or judicial district without proper care and attention is guilty of a misdemeanor. Any peace officer, humane society officer, or animal control officer shall take possession of the stray or abandoned animal and shall provide care and treatment for the animal until the animal is deemed to be in suitable condition to be returned to the owner. When the officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal or the health or safety of others, the officer shall immediately seize the animal and comply with subdivision (f). In all other cases, the officer shall comply with the provisions of subdivision (g). The full cost of caring for and treating any animal properly seized under this subdivision or pursuant to a search warrant shall constitute a lien on the animal and the animal shall not be returned to its owner until the charges are paid, if the seizure is upheld pursuant to this section. (2) Notwithstanding any other law, if an animal control officer or humane officer, when necessary to protect the health and safety of a wild, stray, or abandoned animal or the health and safety of others, seeks to administer a tranquilizer that contains a controlled substance, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, to gain control of that animal, the officer may possess and administer that tranquilizer with direct or indirect supervision as determined by a licensed veterinarian, provided that the officer has met each of the following requirements: (A) Has received training in the administration of tranquilizers from a licensed veterinarian. The training shall be approved by the California Veterinary Medical Board. (B) Has successfully completed the firearms component of a course relating to the exercise of police powers, as set forth in Section 832. (C) Is authorized by the officer’s agency or organization to possess and administer the tranquilizer in accordance with a policy established by the agency or organization and approved by the veterinarian who obtained the controlled substance. (D) Has successfully completed the euthanasia training set forth in Section 2039 of Title 16 of the California Code of Regulations. (E) Has completed a state and federal fingerprinting background check and does not have any drug- or alcohol-related convictions. (b) Every sick, disabled, infirm, or crippled animal, except a dog or cat, that is abandoned in any city, county, city and county, or judicial district may be humanely euthanized by the officer if, after a reasonable search, no owner of the animal can be found. It shall be the duty of all peace officers, humane society officers, and animal control officers to cause the animal to be humanely euthanized or rehabilitated and placed in a suitable home on information that the animal is stray or abandoned. The officer may likewise take charge of any animal, including a dog or cat, that by reason of lameness, sickness, feebleness, or neglect, is unfit for the labor it is performing, or that in any other manner is being cruelly treated, and provide care and treatment for the animal until it is deemed to be in a suitable condition to be returned to the owner. When the officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of an animal or the health or safety of others, the officer shall immediately seize the animal and comply with subdivision (f). In all other cases, the officer shall comply with subdivision (g). The full cost of caring for and treating any animal properly seized under this subdivision or pursuant to a search warrant shall constitute a lien on the animal and the animal shall not be returned to its owner until the charges are paid. (c) (1) Any peace officer, humane society officer, or animal control officer shall convey all injured cats and dogs found without their owners in a public place directly to a veterinarian known by the officer to be a veterinarian who ordinarily treats dogs and cats for a determination of whether the animal shall be immediately and humanely euthanized or shall be hospitalized under proper care and given emergency treatment. (2) If the owner does not redeem the animal within the locally prescribed waiting period, the veterinarian may personally perform euthanasia on the animal. If the animal is treated and recovers from its injuries, the veterinarian may keep the animal for purposes of adoption, provided the responsible animal control agency has first been contacted and has refused to take possession of the animal. (3) Whenever any animal is transferred to a veterinarian in a clinic, such as an emergency clinic that is not in continuous operation, the veterinarian may, in turn, transfer the animal to an appropriate facility. (4) If the veterinarian determines that the animal shall be hospitalized under proper care and given emergency treatment, the costs of any services that are provided pending the owner’s inquiry to the responsible agency, department, or society shall be paid from the dog license fees, fines, and fees for impounding dogs in the city, county, or city and county in which the animal was licensed or, if the animal is unlicensed, shall be paid by the jurisdiction in which the animal was found, subject to the provision that this cost be repaid by the animal’s owner. The full cost of caring for and treating any animal seized under this subdivision shall constitute a lien on the animal and the animal shall not be returned to the owner until the charges are paid. No veterinarian shall be criminally or civilly liable for any decision that the veterinarian makes or for services that the veterinarian provides pursuant to this subdivision. (d) An animal control agency that takes possession of an animal pursuant to subdivision (c) shall keep records of the whereabouts of the animal from the time of possession to the end of the animal’s impoundment, and those records shall be available for inspection by the public upon request for three years after the date the animal’s impoundment ended. (e) Notwithstanding any other provision of this section, any peace officer, humane society officer, or any animal control officer may, with the approval of the officer’s immediate superior, humanely euthanize any stray or abandoned animal in the field in any case where the animal is too severely injured to move or where a veterinarian is not available and it would be more humane to euthanize the animal. (f) Whenever an officer authorized under this section seizes or impounds an animal based on a reasonable belief that prompt action is required to protect the health or safety of the animal or the health or safety of others, the officer shall, before the commencement of any criminal proceedings authorized by this section, provide the owner or keeper of the animal, if known or ascertainable after reasonable investigation, with the opportunity for a postseizure hearing to determine the validity of the seizure or impoundment, or both. (1) The agency shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice of the seizure or impoundment, or both, to the owner or keeper within 48 hours, excluding weekends and holidays. The notice shall include all of the following: (A) The name, business address, and telephone number of the officer providing the notice. (B) A description of the animal seized, including any identification upon the animal. (C) The authority and purpose for the seizure or impoundment, including the time, place, and circumstances under which the animal was seized. (D) A statement that, in order to receive a postseizure hearing, the owner or person authorized to keep the animal, or their agent, shall request the hearing by signing and returning an enclosed declaration of ownership or right to keep the animal to the agency providing the notice within 10 days, including weekends and holidays, of the date of the notice. The declaration may be returned by personal delivery or mail. (E) A statement that the full cost of caring for and treating any animal properly seized under this section is a lien on the animal and that the animal shall not be returned to the owner until the charges are paid, and that failure to request or to attend a scheduled hearing shall result in liability for this cost. (2) The postseizure hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The seizing agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who directed the seizure or impoundment of the animal and is not junior in rank to that person. The agency may use the services of a hearing officer from outside the agency for the purposes of complying with this section. (3) Failure of the owner or keeper, or of their agent, to request or to attend a scheduled hearing shall result in a forfeiture of any right to a postseizure hearing or right to challenge their liability for costs incurred. (4) The agency, department, or society employing the person who directed the seizure shall be responsible for the costs incurred for caring and treating the animal, if it is determined in the postseizure hearing that the seizing officer did not have reasonable grounds to believe very prompt action, including seizure of the animal, was required to protect the health or safety of the animal or the health or safety of others. If it is determined the seizure was justified, the owner or keeper shall be personally liable to the seizing agency for the full cost of the seizure and care of the animal. The charges for the seizure and care of the animal shall be a lien on the animal. The animal shall not be returned to its owner until the charges are paid and the owner demonstrates to the satisfaction of the seizing agency or the hearing officer that the owner can and will provide the necessary care for the animal. (g) Where the need for immediate seizure is not present and before the commencement of any criminal proceedings authorized by this section, the agency shall provide the owner or keeper of the animal, if known or ascertainable after reasonable investigation, with the opportunity for a hearing before any seizure or impoundment of the animal. The owner shall produce the animal at the time of the hearing unless, before the hearing, the owner has made arrangements with the agency to view the animal upon request of the agency, or unless the owner can provide verification that the animal was humanely euthanized. Any person who willfully fails to produce the animal or provide the verification is guilty of an infraction, punishable by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000). (1) The agency shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice stating the grounds for believing the animal should be seized under subdivision (a) or (b). The notice shall include all of the following: (A) The name, business address, and telephone number of the officer providing the notice. (B) A description of the animal to be seized, including any identification upon the animal. (C) The authority and purpose for the possible seizure or impoundment. (D) A statement that, in order to receive a hearing before any seizure, the owner or person authorized to keep the animal, or their agent, shall request the hearing by signing and returning the enclosed declaration of ownership or right to keep the animal to the officer providing the notice within two days, excluding weekends and holidays, of the date of the notice. (E) A statement that the cost of caring for and treating any animal properly seized under this section is a lien on the animal, that any animal seized shall not be returned to the owner until the charges are paid, and that failure to request or to attend a scheduled hearing shall result in a conclusive determination that the animal may properly be seized and that the owner shall be liable for the charges. (2) The preseizure hearing shall be conducted within 48 hours, excluding weekends and holidays, after receipt of the request. The seizing agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who requests the seizure or impoundment of the animal and is not junior in rank to that person. The agency may use the services of a hearing officer from outside the agency for the purposes of complying with this section. (3) Failure of the owner or keeper, or their agent, to request or to attend a scheduled hearing shall result in a forfeiture of any right to a preseizure hearing or right to challenge their liability for costs incurred pursuant to this section. (4) The hearing officer, after the hearing, may affirm or deny the owner’s or keeper’s right to custody of the animal and, if reasonable grounds are established, may order the seizure or impoundment of the animal for care and treatment. (h) If any animal is properly seized under this section or pursuant to a search warrant, the owner or keeper shall be personally liable to the seizing agency for the cost of the seizure and care of the animal. Further, if the charges for the seizure or impoundment and any other charges permitted under this section are not paid within 14 days of the seizure, or if the owner, within 14 days of notice of availability of the animal to be returned, fails to pay charges permitted under this section and take possession of the animal, the animal shall be deemed to have been abandoned and may be humanely euthanized or otherwise properly disposed of by the seizing agency. (i) If the animal requires veterinary care and the humane society or public agency is not assured, within 14 days of the seizure of the animal, that the owner will provide the necessary care, the animal shall not be returned to its owner and shall be deemed to have been abandoned and may be humanely euthanized or otherwise properly disposed of by the seizing agency. A veterinarian may humanely euthanize an impounded animal without regard to the prescribed holding period when it has been determined that the animal has incurred severe injuries or is incurably crippled. A veterinarian also may immediately humanely euthanize an impounded animal afflicted with a serious contagious disease unless the owner or the owner’s agent immediately authorizes treatment of the animal by a veterinarian at the expense of the owner or agent. (j) No animal properly seized under this section or pursuant to a search warrant shall be returned to its owner until the owner can demonstrate to the satisfaction of the seizing agency or hearing officer that the owner can and will provide the necessary care for the animal. (k) (1) In the case of cats and dogs, before the final disposition of any criminal charges, the seizing agency or prosecuting attorney may file a petition in a criminal action requesting that, before that final disposition, the court issue an order forfeiting the animal to the city, county, or seizing agency. The petitioner shall serve a true copy of the petition upon the defendant and the prosecuting attorney. (2) Upon receipt of the petition, the court shall set a hearing on the petition. The hearing shall be conducted within 14 days after the filing of the petition, or as soon as practicable. (3) The petitioner shall have the burden of establishing beyond a reasonable doubt that, even in the event of an acquittal of the criminal charges, the owner will not legally be permitted to retain the animal in question. If the court finds that the petitioner has met its burden, the court shall order the immediate forfeiture of the animal as sought by the petition. (4) Nothing in this subdivision is intended to authorize a seizing agency or prosecuting attorney to file a petition to determine an owner’s ability to legally retain an animal pursuant to paragraph (3) of subdivision (l) if a petition has previously been filed pursuant to this subdivision. (l) (1) Upon the conviction of a person charged with a violation of this section, or Section 597 or 597a, 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. (2) The court may also order, as a condition of probation, that the convicted person be prohibited from owning, possessing, caring for, or residing with, animals of any kind, and require the convicted person to immediately deliver all animals in the convicted person’s possession to a designated public entity for adoption or other lawful disposition or provide proof to the court that the person no longer has possession, care, or control of any animals. In the event of the acquittal or final discharge without conviction of the person charged, if the animal is still impounded, the animal has not been previously deemed abandoned pursuant to subdivision (h), the court has not ordered that the animal be forfeited pursuant to subdivision (k), the court shall, on demand, direct the release of seized or impounded animals to the defendant upon a showing of proof of ownership. (3) Any questions regarding ownership shall be determined in a separate hearing by the court where the criminal case was finally adjudicated and the court shall hear testimony from any persons who may assist the court in determining ownership of the animal. If the owner is determined to be unknown or the owner is prohibited or unable to retain possession of the animals for any reason, the court shall order the animals to be released to the appropriate public entity for adoption or other lawful disposition. This section is not intended to cause the release of any animal, bird, reptile, amphibian, or fish seized or impounded pursuant to any other statute, ordinance, or municipal regulation. This section shall not prohibit the seizure or impoundment of animals as evidence as provided for under any other provision of law. (m) It shall be the duty of all peace officers, humane society officers, and animal control officers to use all currently acceptable methods of identification, both electronic and otherwise, to determine the lawful owner or caretaker of any seized or impounded animal. It shall also be their duty to make reasonable efforts to notify the owner or caretaker of the whereabouts of the animal and any procedures available for the lawful recovery of the animal and, upon the owner’s and caretaker’s initiation of recovery procedures, retain custody of the animal for a reasonable period of time to allow for completion of the recovery process. Efforts to locate or contact the owner or caretaker and communications with persons claiming to be the owner or caretaker shall be recorded and maintained and be made available for public inspection. (Amended by Stats. 2019, Ch. 7, Sec. 19. (AB 1553) Effective January 1, 2020.)
  146. 597.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    Certain animal shelter, humane society, and animal regulation officers must assist in equine abandonment or relinquishment cases, and adopters must sign a written personal-use statement.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597.2. (a) It shall be the duty of an officer of an animal shelter, a humane society, or an animal regulation department of a public agency to assist in a case involving the abandonment or voluntary relinquishment of an equine by the equine’s owner. This section does not require an animal shelter, a humane society, or an animal regulation department of a public agency to take actual possession of the equine. (b) If an animal shelter, a humane society, or an animal regulation department of a public agency sells an equine at a private or public auction or sale, it shall set the minimum bid for the sale of the equine at a price above the current slaughter price of the equine. (c) (1) This section does not prohibit an animal shelter, a humane society, or an animal regulation department of a public agency from placing an equine through an adoption program at an adoption fee that may be set below current slaughter price. (2) A person adopting an equine under paragraph (1) shall submit a written statement declaring that the person is adopting the equine for personal use and not for purposes of resale, resale for slaughter, or holding or transporting the equine for slaughter. (Amended by Stats. 2019, Ch. 7, Sec. 20. (AB 1553) Effective January 1, 2020.)
  147. 597.3.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597.3. (a) Every person who operates a live animal market shall do all of the following: (1) Provide that no animal will be dismembered, flayed, cut open, or have its skin, scales, feathers, or shell removed while the animal is still alive. (2) Provide that no live animals will be confined, held, or displayed in a manner that results, or is likely to result, in injury, starvation, dehydration, or suffocation. (b) As used in this section: (1) “Animal” means frogs, turtles, and birds sold for the purpose of human consumption, with the exception of poultry. (2) “Live animal market” means a retail food market where, in the regular course of business, animals are stored alive and sold to consumers for the purpose of human consumption. (c) Any person who fails to comply with any requirement of subdivision (a) shall for the first violation, be given a written warning in a written language that is understood by the person receiving the warning. A second or subsequent violation of subdivision (a) shall be an infraction, punishable by a fine of not less than two hundred fifty dollars ($250), nor more than one thousand dollars ($1,000). However, a fine paid for a second violation of subdivision (a) shall be deferred for six months if a course is available that is administered by a state or local agency on state law and local ordinances relating to live animal markets. If the defendant successfully completes that course within six months of entry of judgment, the fine shall be waived. The state or local agency may charge the participant a fee to take the course, not to exceed one hundred dollars ($100). (Added by renumbering Section 597.2 (as added by Stats. 2000, Ch. 1061) by Stats. 2001, Ch. 854, Sec. 33. Effective January 1, 2002.)
  148. 597.4.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    It is unlawful to willfully sell, give away, display, or offer live animals in a commercial transaction on certain streets and public places, with listed exceptions and penalties for violations.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597.4. (a) It shall be unlawful for any person to willfully do either of the following: (1) Sell or give away as part of a commercial transaction a live animal on any street, highway, public right-of-way, parking lot, carnival, or boardwalk. (2) Display or offer for sale, or display or offer to give away as part of a commercial transaction, a live animal, if the act of selling or giving away the live animal is to occur on any street, highway, public right-of-way, parking lot, carnival, or boardwalk. (b) (1) A person who violates this section for the first time shall be guilty of an infraction punishable by a fine not to exceed two hundred fifty dollars ($250). (2) A person who violates this section for the first time and by that violation either causes or permits any animal to suffer or be injured, or causes or permits any animal to be placed in a situation in which its life or health may be endangered, shall be guilty of a misdemeanor. (3) A person who violates this section for a second or subsequent time shall be guilty of a misdemeanor. (c) A person who is guilty of a misdemeanor violation of this section shall be punishable by a fine not to exceed one thousand dollars ($1,000) per violation. The court shall weigh the gravity of the violation in setting the fine. (d) A notice describing the charge and the penalty for a violation of this section may be issued by any peace officer, animal control officer, as defined in Section 830.9, or humane officer qualified pursuant to Section 14502 or 14503 of the Corporations Code. (e) This section shall not apply to the following: (1) Events held by 4-H Clubs, Junior Farmers Clubs, or Future Farmers Clubs. (2) The California Exposition and State Fair, district agricultural association fairs, or county fairs. (3) Stockyards with respect to which the Secretary of the United States Department of Agriculture has posted notice that the stockyards are regulated by the federal Packers and Stockyards Act, 1921 (7 U.S.C. Sec. 181 et seq.). (4) The sale of cattle on consignment at any public cattle sales market, the sale of sheep on consignment at any public sheep sales market, the sale of swine on consignment at any public swine sales market, the sale of goats on consignment at any public goat sales market, and the sale of equines on consignment at any public equine sales market. (5) Live animal markets regulated under Section 597.3. (6) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group regulated under Division 14 (commencing with Section 30501) of the Food and Agricultural Code. For purposes of this section, “rescue group” is a not-for-profit entity whose primary purpose is the placement of dogs, cats, or other animals that have been removed from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter, or that have been surrendered or relinquished to the entity by the previous owner. (7) The sale of fish or shellfish, live or dead, from a fishing vessel or registered aquaculture facility, at a pier or wharf, or at a farmer’s market by any licensed commercial fisherman or an owner or employee of a registered aquaculture facility to the public for human consumption. (8) A cat show, dog show, or bird show, provided that all of the following circumstances exist: (A) The show is validly permitted by the city or county in which the show is held. (B) The show’s sponsor or permittee ensures compliance with all federal, state, and local animal welfare and animal control laws. (C) The participant has written documentation of the payment of a fee for the entry of his or her cat, dog, or bird in the show. (D) The sale of a cat, dog, or bird occurs only on the premises and within the confines of the show. (E) The show is a competitive event where the cats, dogs, or birds are exhibited and judged by an established standard or set of ideals established for each breed or species. (9) A pet store as defined in subdivision (i) of Section 122350 of the Health and Safety Code. (f) Nothing in this section shall be construed to in any way limit or affect the application or enforcement of any other law that protects animals or the rights of consumers, including, but not limited to, the Lockyer-Polanco-Farr Pet Protection Act contained in Article 2 (commencing with Section 122125) of Chapter 5 of Part 6 of Division 105 of the Health and Safety Code, or Sections 597 and 597l of this code. (g) Nothing in this section limits or authorizes any act or omission that violates Section 597 or 597l, or any other local, state, or federal law. The procedures set forth in this section shall not apply to any civil violation of any other local, state, or federal law that protects animals or the rights of consumers, or to a violation of Section 597 or 597l, which is cited or prosecuted pursuant to one or both of those sections, or to a violation of any other local, state, or federal law that is cited or prosecuted pursuant to that law. (Amended by Stats. 2012, Ch. 162, Sec. 125. (SB 1171) Effective January 1, 2013.)
  149. 597.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    This section makes dog-fighting conduct a felony or offense and sets imprisonment and fine penalties, with limited exceptions for livestock management, hunting, and lawful dog training.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597.5. (a) Any person who does any of the following is guilty of a felony and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years, or by a fine not to exceed fifty thousand dollars ($50,000), or by both that fine and imprisonment: (1) Owns, possesses, keeps, or trains any dog, with the intent that the dog shall be engaged in an exhibition of fighting with another dog. (2) For amusement or gain, causes any dog to fight with another dog, or causes any dogs to injure each other. (3) Permits any act in violation of paragraph (1) or (2) to be done on any premises under his or her charge or control, or aids or abets that act. (b) Any person who is knowingly present, as a spectator, at any place, building, or tenement where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at those preparations, or is knowingly present at that exhibition or at any other fighting or injuring as described in paragraph (2) of subdivision (a), with the intent to be present at that exhibition, fighting, or injuring, is guilty of an offense punishable by imprisonment in a county jail not to exceed one year, or by a fine not to exceed five thousand dollars ($5,000), or by both that imprisonment and fine. (c) Nothing in this section shall prohibit any of the following: (1) The use of dogs in the management of livestock, as defined by Section 14205 of the Food and Agricultural Code, by the owner of the livestock or his or her employees or agents or other persons in lawful custody thereof. (2) The use of dogs in hunting as permitted by the Fish and Game Code, including, but not limited to, Sections 4002 and 4756, and by the rules and regulations of the Fish and Game Commission. (3) The training of dogs or the use of equipment in the training of dogs for any purpose not prohibited by law. (Amended by Stats. 2011, Ch. 15, Sec. 411. (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.)
  150. 597.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    No person may perform or arrange certain claw-removal procedures on exotic or native wild cats, except for procedures done solely for a therapeutic purpose.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597.6. (a) (1) No person may perform, or otherwise procure or arrange for the performance of, surgical claw removal, declawing, onychectomy, or tendonectomy on any cat that is a member of an exotic or native wild cat species, and shall not otherwise alter such a cat’s toes, claws, or paws to prevent the normal function of the cat’s toes, claws, or paws. (2) This subdivision does not apply to a procedure performed solely for a therapeutic purpose. (b) Any person who violates this section is guilty of a misdemeanor punishable by imprisonment in a county jail for a period not to exceed one year, by a fine of ten thousand dollars ($10,000), or by both that imprisonment and fine. (c) For purposes of this section, the following terms have the following meanings: (1) “Declawing” and “onychectomy” mean any surgical procedure in which a portion of the animal’s paw is amputated in order to remove the animal’s claws. (2) “Tendonectomy” means a procedure in which the tendons to an animal’s limbs, paws, or toes are cut or modified so that the claws cannot be extended. (3) “Exotic or native wild cat species” include all members of the taxonomic family Felidae, except domestic cats (Felis catus or Felis domesticus) or hybrids of wild and domestic cats that are greater than three generations removed from an exotic or native cat. “Exotic or native wild cat species” include, but are not limited to, lions, tigers, cougars, leopards, lynxes, bobcats, caracals, ocelots, margays, servals, cheetahs, snow leopards, clouded leopards, jungle cats, leopard cats, and jaguars, or any hybrid thereof. (4) “Therapeutic purpose” means for the purpose of addressing an existing or recurring infection, disease, injury, or abnormal condition in the claw that jeopardizes the cat’s health, where addressing the infection, disease, injury, or abnormal condition is a medical necessity. (Added by Stats. 2004, Ch. 876, Sec. 1. Effective January 1, 2005.)
  151. 597.7.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A person must not leave or confine an animal in an unattended vehicle if the conditions could harm the animal, but people and responders may remove an animal in an emergency.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597.7. (a) A person shall not leave or confine an animal in any unattended motor vehicle under conditions that endanger the health or well-being of an animal due to heat, cold, lack of adequate ventilation, or lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. (b) (1) This section does not prevent a person from taking reasonable steps that are necessary to remove an animal from a motor vehicle if the person holds a reasonable belief that the animal’s safety is in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. (2) A person who removes an animal from a vehicle in accordance with paragraph (1) is not criminally liable for actions taken reasonably and in good faith if the person does all of the following: (A) Determines the vehicle is locked or there is otherwise no reasonable manner for the animal to be removed from the vehicle. (B) Has a good faith belief that forcible entry into the vehicle is necessary because the animal is in imminent danger of suffering harm if it is not immediately removed from the vehicle, and, based upon the circumstances known to the person at the time, the belief is a reasonable one. (C) Has contacted a local law enforcement agency, the fire department, animal control, or the “911” emergency service prior to forcibly entering the vehicle. (D) Remains with the animal in a safe location, out of the elements but reasonably close to the vehicle, until a peace officer, humane officer, animal control officer, or another emergency responder arrives. (E) Used no more force to enter the vehicle and remove the animal from the vehicle than was necessary under the circumstances. (F) Immediately turns the animal over to a representative from law enforcement, animal control, or another emergency responder who responds to the scene. (c) Unless the animal suffers great bodily injury, a first conviction for violation of this section is punishable by a fine not exceeding one hundred dollars ($100) per animal. If the animal suffers great bodily injury, a violation of this section is punishable by a fine not exceeding five hundred dollars ($500), imprisonment in a county jail not exceeding six months, or by both a fine and imprisonment. Any subsequent violation of this section, regardless of injury to the animal, is also punishable by a fine not exceeding five hundred dollars ($500), imprisonment in a county jail not exceeding six months, or by both a fine and imprisonment. (d) (1) This section does not prevent a peace officer, firefighter, humane officer, animal control officer, or other emergency responder from removing an animal from a motor vehicle if the animal’s safety appears to be in immediate danger from heat, cold, lack of adequate ventilation, lack of food or water, or other circumstances that could reasonably be expected to cause suffering, disability, or death to the animal. (2) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder who removes an animal from a motor vehicle, or who takes possession of an animal that has been removed from a motor vehicle, shall take it to an animal shelter or other place of safekeeping or, if the officer deems necessary, to a veterinary hospital for treatment. The owner of the animal removed from the vehicle may be required to pay for charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal. (3) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder is authorized to take all steps that are reasonably necessary for the removal of an animal from a motor vehicle, including, but not limited to, breaking into the motor vehicle, after a reasonable effort to locate the owner or other person responsible. (4) A peace officer, firefighter, humane officer, animal control officer, or other emergency responder who removes an animal from a motor vehicle or who receives an animal rescued from a vehicle from another person shall, in a secure and conspicuous location on or within the motor vehicle, leave written notice bearing his or her name and office, and the address of the location where the animal can be claimed. The animal may be claimed by the owner only after payment of all charges that have accrued for the maintenance, care, medical treatment, or impoundment of the animal. (5) Except as provided in subdivision (b), this section does not affect in any way existing liabilities or immunities in current law, or create any new immunities or liabilities. (e) Nothing in this section shall preclude prosecution under both this section and Section 597 or any other provision of law, including city or county ordinances. (f) Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, pigs, sheep, poultry, or other agricultural animals in motor vehicles designed to transport such animals for agricultural purposes. (Amended by Stats. 2016, Ch. 554, Sec. 2. (AB 797) Effective January 1, 2017.)
  152. 597.9.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    People convicted of certain animal-cruelty-related offenses may be barred from owning or caring for animals for a set period, unless a court grants an exemption or reduction.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597.9. (a) Except as provided in subdivision (c) or (d), a person who has been convicted of a misdemeanor violation of Section 286.5, subdivision (a) or (b) of Section 597, or Section 597a, 597b, 597h, 597j, 597s, or 597.1, and who, within five years after the conviction, owns, possesses, maintains, has custody of, resides with, or cares for any animal is guilty of a public offense, punishable by a fine of one thousand dollars ($1,000). (b) Except as provided in subdivision (c) or (d), a person who has been convicted of a felony violation of subdivision (a) or (b) of Section 597, or Section 597b or 597.5, and who, within 10 years after the conviction, owns, possesses, maintains, has custody of, resides with, or cares for any animal is guilty of a public offense, punishable by a fine of one thousand dollars ($1,000). (c) (1) In cases of owners of livestock, as defined in Section 14205 of the Food and Agricultural Code, a court may, in the interest of justice, exempt a defendant from the injunction required under subdivision (a) or (b), as it would apply to livestock, if the defendant files a petition with the court to establish, and does establish by a preponderance of the evidence, that the imposition of the provisions of this section would result in substantial or undue economic hardship to the defendant’s livelihood and that the defendant has the ability to properly care for all livestock in their possession. (2) Upon receipt of a petition from the defendant, the court shall set a hearing to be conducted within 30 days after the filing of the petition. The petitioner shall serve a copy of the petition upon the prosecuting attorney 10 calendar days prior to the requested hearing. The court shall grant the petition for exemption from subdivision (a) or (b) unless the prosecuting attorney shows by a preponderance of the evidence that either or both of the criteria for exemption under this subdivision are untrue. (d) (1) A defendant may petition the court to reduce the duration of the mandatory ownership prohibition. Upon receipt of a petition from the defendant, the court shall set a hearing to be conducted within 30 days after the filing of the petition. The petitioner shall serve a copy of the petition upon the prosecuting attorney 10 calendar days prior to the requested hearing. At the hearing, the petitioner shall have the burden of establishing by a preponderance of the evidence all of the following: (A) The petitioner does not present a danger to animals. (B) The petitioner has the ability to properly care for all animals in their possession. (C) The petitioner has successfully completed all classes or counseling ordered by the court. (2) If the petitioner has met their burden, the court may reduce the mandatory ownership prohibition and may order that the defendant comply with reasonable and unannounced inspections by animal control agencies or law enforcement. (e) An animal shelter administered by a public animal control agency, a humane society, or any society for the prevention of cruelty to animals, and an animal rescue or animal adoption organization may ask a person who is attempting to adopt an animal from that entity whether the person is prohibited from owning, possessing, maintaining, having custody of, or residing with an animal pursuant to this section. (Amended by Stats. 2019, Ch. 613, Sec. 3. (AB 611) Effective January 1, 2020.)
  153. 597a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    It is a misdemeanor to carry a domestic animal in a cruel or inhuman manner or to knowingly and willfully allow unnecessary torture, suffering, or cruelty. An officer who takes someone into custody under this section must take charge of the vehicle, its contents, and the attached horse or team and place them in custody.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597a. Whoever carries or causes to be carried in or upon any vehicle or otherwise any domestic animal in a cruel or inhuman manner, or knowingly and willfully authorizes or permits it to be subjected to unnecessary torture, suffering, or cruelty of any kind, is guilty of a misdemeanor; and whenever any such person is taken into custody therefor by any officer, such officer must take charge of such vehicle and its contents, together with the horse or team attached to such vehicle, and deposit the same in some place of custody; and any necessary expense incurred for taking care of and keeping the same, is a lien thereon, to be paid before the same can be lawfully recovered; and if such expense, or any part thereof, remains unpaid, it may be recovered, by the person incurring the same, of the owner of such domestic animal, in an action therefor. (Added by Stats. 1905, Ch. 519.)
  154. 597b

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    This section makes certain animal fighting and animal-worrying conduct a crime, and sets jail, fine, and higher-repeat-offense penalties.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597b. (a) Except as provided in subdivisions (b) and (c), any person who, for amusement or gain, causes any bull, bear, or other animal, not including any dog, to fight with like kind of animal or creature, or causes any animal, including any dog, to fight with a different kind of animal or creature, or with any human being, or who, for amusement or gain, worries or injures any bull, bear, dog, or other animal, or causes any bull, bear, or other animal, not including any dog, to worry or injure each other, or any person who permits the same to be done on any premises under his or her charge or control, or any person who aids or abets the fighting or worrying of an animal or creature, is guilty of a misdemeanor punishable by imprisonment in a county jail for a period not to exceed one year, by a fine not to exceed ten thousand dollars ($10,000), or by both that imprisonment and fine. (b) Any person who, for amusement or gain, causes any cock to fight with another cock or with a different kind of animal or creature or with any human being; or who, for amusement or gain, worries or injures any cock, or causes any cock to worry or injure another animal; and any person who permits the same to be done on any premises under his or her charge or control, and any person who aids or abets the fighting or worrying of any cock is guilty of a misdemeanor punishable by imprisonment in a county jail for a period not to exceed one year, or by a fine not to exceed ten thousand dollars ($10,000), or by both that imprisonment and fine. (c) A second or subsequent conviction of this section is a misdemeanor or a felony punishable by imprisonment in a county jail for a period not to exceed one year or the state prison for 16 months, two, or three years, by a fine not to exceed twenty-five thousand dollars ($25,000), or by both that imprisonment and fine, except in unusual circumstances in which the interests of justice would be better served by the imposition of a lesser sentence. (d) For the purposes of this section, aiding and abetting a violation of this section shall consist of something more than merely being present or a spectator at a place where a violation is occurring. (Amended by Stats. 2012, Ch. 133, Sec. 1. (SB 1145) Effective January 1, 2013.)
  155. 597c

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A person who knowingly attends an animal fighting exhibition, or is present where preparations for certain animal-fighting acts are being made, commits a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597c. Any person who is knowingly present as a spectator at any place, building, or tenement for an exhibition of animal fighting, or who is knowingly present at that exhibition or is knowingly present where preparations are being made for the acts described in subdivision (a) or (b) of Section 597b, is guilty of a misdemeanor punishable by imprisonment in a county jail for a period not to exceed six months, or by a fine of five thousand dollars ($5,000), or by both that imprisonment and fine. (Amended by Stats. 2012, Ch. 133, Sec. 2. (SB 1145) Effective January 1, 2013.)
  156. 597d

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    Certain peace officers may enter places tied to bird- or animal-fighting exhibitions and arrest people present without a warrant.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597d. Any sheriff, police, or peace officer, or officer qualified as provided in Section 14502 of the Corporations Code, may enter any place, building, or tenement, where there is an exhibition of the fighting of birds or animals, or where preparations are being made for such an exhibition, and, without a warrant, arrest all persons present. (Amended by Stats. 1997, Ch. 598, Sec. 11. Effective January 1, 1998.)
  157. 597e

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A person who impounds a domestic animal in an animal shelter must provide enough good food and water during confinement; otherwise, the person commits a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597e. Any person who impounds, or causes to be impounded in any animal shelter, any domestic animal, shall supply it during confinement with a sufficient quantity of good and wholesome food and water, and in default thereof, is guilty of a misdemeanor. In case any domestic animal is at any time so impounded and continues to be without necessary food and water for more than 12 consecutive hours, it is lawful for any person, from time to time, as may be deemed necessary, to enter into and upon any animal shelter in which the animal is confined, and supply it with necessary food and water so long as it remains so confined. That person is not liable for the entry and may collect the reasonable cost of the food and water from the owner of the animal, and the animal is subject to enforcement of a money judgment for the reasonable cost of food and water. (Amended by Stats. 2019, Ch. 7, Sec. 21. (AB 1553) Effective January 1, 2020.)
  158. 597g

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    Poling or tripping a horse is unlawful, and intentionally tripping or felling an equine for entertainment or sport is a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597g. (a) Poling a horse is a method of training horses to jump which consists of (1) forcing, persuading, or enticing a horse to jump in such manner that one or more of its legs will come in contact with an obstruction consisting of any kind of wire, or a pole, stick, rope or other object with brads, nails, tacks or other sharp points imbedded therein or attached thereto or (2) raising, throwing or moving a pole, stick, wire, rope or other object, against one or more of the legs of a horse while it is jumping an obstruction so that the horse, in either case, is induced to raise such leg or legs higher in order to clear the obstruction. Tripping a horse is an act that consists of the use of any wire, pole, stick, rope, or other object or apparatus whatsoever to cause a horse to fall or lose its balance. The poling or tripping of any horse is unlawful and any person violating the provisions of this section is guilty of a misdemeanor. (b) It is a misdemeanor for any person to intentionally trip or fell an equine by the legs by any means whatsoever for the purposes of entertainment or sport. (c) This section does not apply to the lawful laying down of a horse for medical or identification purposes, nor shall the section be construed as condemning or limiting any cultural or historical activities, except those prohibited herein. (Amended by Stats. 1994, 1st Ex. Sess., Ch. 8, Sec. 1. Effective November 30, 1994.)
  159. 597h

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A person must not tie, attach, or fasten a live animal to a power-driven machine or device for the purpose of making the animal be chased by dogs.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597h. (a) It shall be unlawful for any person to tie or attach or fasten any live animal to any machine or device propelled by any power for the purpose of causing that animal to be pursued by a dog or dogs. (b) Any person violating any of the provisions of this section shall be guilty of a misdemeanor punishable by a fine of two thousand five hundred dollars ($2,500) or by imprisonment in a county jail not exceeding six months, or by both that imprisonment and fine. (Amended by Stats. 2011, Ch. 562, Sec. 2. (SB 425) Effective January 1, 2012.)
  160. 597i

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    Anyone may not make, buy, sell, trade, exchange, or possess gaffs, slashers, or similar sharp implements made to fit a gamecock or other fighting bird in place of its natural spur.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597i. (a) It shall be unlawful for anyone to manufacture, buy, sell, barter, exchange, or have in his or her possession any of the implements commonly known as gaffs or slashers, or any other sharp implement designed to be attached in place of the natural spur of a gamecock or other fighting bird. (b) Any person who violates any of the provisions of this section is guilty of a misdemeanor punishable by imprisonment in a county jail for a period not to exceed one year, by a fine not to exceed ten thousand dollars ($10,000), or by both that imprisonment and fine and upon conviction thereof shall, in addition to any judgment or sentence imposed by the court, forfeit possession or ownership of those implements. (Amended by Stats. 2012, Ch. 133, Sec. 3. (SB 1145) Effective January 1, 2013.)
  161. 597j

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    It is a misdemeanor to own, possess, keep, or train a bird or other animal with the intent that it be used in an animal fighting exhibition.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597j. (a) Any person who owns, possesses, keeps, or trains any bird or other animal with the intent that it be used or engaged by himself or herself, by his or her vendee, or by any other person in an exhibition of fighting as described in Section 597b is guilty of a misdemeanor punishable by imprisonment in a county jail for a period not to exceed one year, by a fine not to exceed ten thousand dollars ($10,000), or by both that imprisonment and fine. (b) This section shall not apply to an exhibition of fighting of a dog with another dog. (c) A second or subsequent conviction of this section is a misdemeanor punishable by imprisonment in a county jail for a period not to exceed one year or by a fine not to exceed twenty-five thousand dollars ($25,000), or by both that imprisonment and fine, except in unusual circumstances in which the interests of justice would be better served by the imposition of a lesser sentence. (Amended by Stats. 2012, Ch. 133, Sec. 4. (SB 1145) Effective January 1, 2013.)
  162. 597k

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A person with care, custody, or control of a horse or other animal must not use a bristle bur, tack bur, or similar device on the animal for any purpose.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597k. Anyone who, having care, custody or control of any horse or other animal, uses what is known as the bristle bur, tack bur, or other like device, by whatsoever name known or designated, on such horse or other animal for any purpose whatsoever, is guilty of a misdemeanor and is punishable by a fine of not less than fifty dollars ($50) nor more than five hundred dollars ($500), or by imprisonment in the county jail for not less than 10 days nor more than 175 days, or by both such fine and imprisonment. (Amended by Stats. 1983, Ch. 1092, Sec. 308. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  163. 597l

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    Pet shop operators must keep animal facilities sanitary and properly equipped, and pet sellers must give buyers written care recommendations. Some violations can lead to fines, jail, dismissal of first charges, or an infraction penalty.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597l. (a) It shall be unlawful for any person who operates a pet shop to fail to do all of the following: (1) Maintain the facilities used for the keeping of pet animals in a sanitary condition. (2) Provide proper heating and ventilation for the facilities used for the keeping of pet animals. (3) Provide adequate nutrition for, and humane care and treatment of, all pet animals under his or her care and control. (4) Take reasonable care to release for sale, trade, or adoption only those pet animals that are free of disease or injuries. (5) Provide adequate space appropriate to the size, weight, and specie of pet animals. (b) (1) Sellers of pet animals shall provide buyers of a pet animal with general written recommendations for the generally accepted care of the class of pet animal sold, including recommendations as to the housing, equipment, cleaning, environment, and feeding of the animal. This written information shall be in a form determined by the sellers of pet animals and may include references to Web sites, books, pamphlets, videos, and compact discs. (2) If a seller of pet animals distributes material prepared by a third party, the seller shall not be liable for damages caused by any erroneous information in that material unless a reasonable person exercising ordinary care should have known of the error causing the damage. (3) This subdivision shall apply to any private or public retail business that sells pet animals to the public and is required to possess a permit pursuant to Section 6066 of the Revenue and Taxation Code. (4) Charges brought against a seller of pet animals for a first violation of the provisions of this subdivision shall be dismissed if the person charged produces in court satisfactory proof of compliance. A second or subsequent violation is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250). (c) As used in this section, the following terms have the following meanings: (1) “Pet animals” means dogs, cats, monkeys and other primates, rabbits, birds, guinea pigs, hamsters, mice, snakes, iguanas, turtles, and any other species of animal sold or retained for the purpose of being kept as a household pet. (2) “Pet shop” means every place or premises where pet animals are kept for the purpose of either wholesale or retail sale. “Pet shop” does not include any place or premises where pet animals are occasionally sold. (d) Any person who violates any provision of subdivision (a) is guilty of a misdemeanor and is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding 90 days, or by both that fine and imprisonment. (Amended by Stats. 2003, Ch. 62, Sec. 228. Effective January 1, 2004.)
  164. 597m

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    It is unlawful for any person to promote, run, take part in, or otherwise conduct a bullfight exhibition, a bloodless bullfight contest or exhibition, or a similar contest or exhibition.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597m. It shall be unlawful for any person to promote, advertise, stage, hold, manage, conduct, participate in, engage in, or carry on any bullfight exhibition, any bloodless bullfight contest or exhibition, or any similar contest or exhibition, whether for amusement or gain or otherwise; provided, that nothing herein shall be construed to prohibit rodeos or to prohibit measures necessary to the safety of participants at rodeos. This section shall not, however, be construed as prohibiting bloodless bullfights, contests, or exhibitions held in connection with religious celebrations or religious festivals. Any person violating the provisions of this section is guilty of a misdemeanor. (Added by Stats. 1957, Ch. 2243.)
  165. 597n

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    In California, a person must not dock a horse or cattle tail, cause it to be done, or import, use, race, or deal in unregistered docked horses, except as allowed by Section 597r or the emergency cattle-tail exception.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597n. (a) Any person who cuts the solid part of the tail of any horse or cattle in the operation known as “docking,” or in any other operation performed for the purpose of shortening the tail of any horse or cattle, within the State of California, or procures the same to be done, or imports or brings into this state any docked horse, or horses, or drives, works, uses, races, or deals in any unregistered docked horse, or horses, within the State of California except as provided in Section 597r, is guilty of a misdemeanor. (b) Subdivision (a) shall not apply to “docking” when the solid part of any cattle’s tail must be removed in an emergency for the purpose of saving the cattle’s life or relieving the cattle’s pain, provided that the emergency treatment is performed consistent with the Veterinary Medicine Practice Act (commencing with Section 4811) of Article 1 of Chapter 11 of Division 2 of the Business and Professions Code. (c) For the purposes of this section, “cattle” means any animal of the bovine species. (Amended by Stats. 2009, Ch. 344, Sec. 1. (SB 135) Effective January 1, 2010.)
  166. 597o

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    People transporting equines to slaughter must meet vehicle and handling requirements, give 72 hours’ notice to a humane officer, and avoid transporting certain unfit animals.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597o. (a) Any person who transports an equine in a vehicle to slaughter shall meet the following requirements: (1) The vehicle shall have sufficient clearance to allow the equine to be transported in a standing position with its head in a normal upright position above its withers. (2) Any ramps and floors in the vehicle shall be covered with a nonskid surface to prevent the equine from slipping. (3) The vehicle shall provide adequate ventilation to the equine while the equine is being transported. (4) The sides and overhead of the vehicle shall be constructed to withstand the weight of any equine which may put pressure against the sides or overhead. (5) Any compartments in the interior of the vehicle shall be constructed of smooth materials and shall contain no protrusions or sharp objects. (6) The size of the vehicle shall be appropriate for the number of equine being transported and the welfare of the equine shall not be jeopardized by overcrowding. (7) Stallions shall be segregated during transportation to slaughter. (8) Diseased, sick, blind, dying, or otherwise disabled equine shall not be transported out of this state. (9) Any equine being transported shall be able to bear weight on all four feet. (10) Unweaned foals shall not be transported. (11) Mares in their last trimester of pregnancy shall not be transported. (12) The person shall notify a humane officer having jurisdiction 72 hours before loading the equine in order that the humane officer may perform a thorough inspection of the vehicle to determine if all requirements of this section have been satisfied. (b) (1) Any person who violates this section is guilty of a misdemeanor and is subject to a fine of one hundred dollars ($100) per equine being transported. (2) Any person who violates this section for a second or subsequent time is guilty of a misdemeanor and shall be fined five hundred dollars ($500) per equine being transported. (c) Whenever a person is taken into custody by an officer for a violation of this section, the officer shall take charge of the vehicle and its contents and deposit the property in some place of custody. (d) (1) Any necessary expense incurred for taking care of and keeping the property described in subdivision (c) is a lien thereon, to be paid before the property can be lawfully recovered. (2) If the expense, or any part thereof, remains unpaid, it may be recovered by the person incurring the expense from the owner of the equine in an action therefor. (e) For the purposes of this section, “equine” means any horse, pony, burro, or mule. (Added by Stats. 1993, Ch. 1183, Sec. 1. Effective January 1, 1994.)
  167. 597p

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

    Verify source ↗

    Owners or users of docked horses in California must register them with the county clerk within 30 days after the act’s passage.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597p. Within 30 days after the passage of this act, every owner, or user of any docked horse, within the State of California, shall register his or her docked horse, or horses by filing in the office of the county clerk of the county in which such docked horse, or horses, may then be kept, a certificate, which certificate shall contain the name, or names of the owner, together with his or her post office address, a full description of the color, age, size and the use made of such docked horse, or horses; which certificate shall be signed by the owner, or his, or her agent. The county clerk shall number such certificate consecutively and record the name in a book, or register to be kept for that purpose only; and shall receive as a fee for recording of such certificate, the sum of fifty cents ($0.50), and the clerk shall thereupon issue to such person so registering such horse or horses a certificate containing the facts recited in this section which upon demand shall be exhibited to any peace officer, and the same shall be conclusive evidence of a compliance with the provisions of Section 597n of this code. (Added by renumbering Section 597b (as added by Stats. 1907, Ch. 220) by Stats. 1963, Ch. 372.)
  168. 597q

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    Using an unregistered docked horse, after 60 days after passage of the act, is prima facie evidence that the person using it docked the horse’s tail.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597q. The driving, working, keeping, racing or using of any unregistered docked horse, or horses, after 60 days after the passage of this act, shall be deemed prima facie evidence of the fact that the party driving, working, keeping, racing or using such unregistered docked horse, or horses, docked the tail of such horse or horses. (Added by renumbering Section 597c (as added by Stats. 1907, Ch. 220) by Stats. 1963, Ch. 372.)
  169. 597r

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    Violating any provision of this act is a misdemeanor. Certain imported or native-bred docked stallions and mares used only for breeding or exhibition are excepted from Sections 597n, 597p, and 597q if a required description is filed with the county clerk within 30 days after importation.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597r. Any person or persons violating any of the provisions of this act, shall be deemed guilty of a misdemeanor; provided, however, that the provisions of Sections 597n, 597p, and 597q, shall not be applied to persons owning or possessing any docked purebred stallions and mares imported from foreign countries for breeding or exhibition purposes only, as provided by an act of Congress entitled “An act regulating the importation of breeding animals” and approved March 3, 1903, and to docked native-bred stallions and mares brought into this State and used for breeding or exhibition purposes only; and provided further, that a description of each such animal so brought into the State, together with the date of importation and name and address of importer, be filed with the county clerk of the county where such animal is kept, within 30 days after the importation of such animal. (Added by renumbering Section 597d (as added by Stats. 1907, Ch. 220) by Stats. 1963, Ch. 372.)
  170. 597s

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    Willfully abandoning any animal is a misdemeanor, but the section does not apply to certain native California wildlife release or rehabilitation activities.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597s. (a) Every person who willfully abandons any animal is guilty of a misdemeanor. (b) This section shall not apply to the release or rehabilitation and release of native California wildlife pursuant to statute or regulations of the California Department of Fish and Game. (Amended by Stats. 1999, Ch. 303, Sec. 1. Effective January 1, 2000.)
  171. 597t

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A person keeping an animal confined in an enclosed area must provide an adequate exercise area, and any leash, rope, or chain must be attached so the animal cannot tangle or get injured and can reach shelter, food, and water.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597t. Every person who keeps an animal confined in an enclosed area shall provide it with an adequate exercise area. If the animal is restricted by a leash, rope, or chain, the leash, rope, or chain shall be affixed in such a manner that it will prevent the animal from becoming entangled or injured and permit the animal’s access to adequate shelter, food, and water. Violation of this section constitutes a misdemeanor. This section shall not apply to an animal which is in transit, in a vehicle, or in the immediate control of a person. (Amended by Stats. 1971, Ch. 243.)
  172. 597u

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597u. (a) A person, peace officer, officer of a humane society, or officer of an animal shelter or animal regulation department of a public agency shall not kill an animal by using either of the following methods: (1) Carbon monoxide gas. (2) Intracardiac injection of a euthanasia agent on a conscious animal, unless the animal is heavily sedated or anesthetized in a humane manner, or comatose, or unless, in light of all the relevant circumstances, the procedure is justifiable. (b) With respect to the killing of a dog or cat, a person, peace officer, officer of a humane society, or officer of an animal shelter or animal regulation department of a public agency shall not use any of the methods specified in subdivision (a) or any of the following methods: (1) High-altitude decompression chamber. (2) Nitrogen gas. (3) Carbon dioxide gas. (Amended by Stats. 2019, Ch. 7, Sec. 23. (AB 1553) Effective January 1, 2020.)
  173. 597v

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597v. No person, peace officer, officer of a humane society, or officer of an animal shelter or animal regulation department of a public agency shall kill any newborn dog or cat whose eyes have not yet opened by any other method than by the use of chloroform vapor or by inoculation of barbiturates. (Amended by Stats. 2019, Ch. 7, Sec. 24. (AB 1553) Effective January 1, 2020.)
  174. 597x

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    It is unlawful for any person to sell, load, transport, or try to sell, load, or transport a disabled live horse, mule, burro, or pony when it is meant for commercial slaughter outside the state.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597x. (a) Notwithstanding Section 18734 of the Food and Agricultural Code or any other provision of law, it is unlawful for any person to sell, attempt to sell, load, cause to be loaded, transport, or attempt to transport any live horse, mule, burro, or pony that is disabled, if the animal is intended to be sold, loaded, or transported for commercial slaughter out of the state. (b) For the purposes of this section, “disabled animal” includes, but is not limited to, any animal that has broken limbs, is unable to stand and balance itself without assistance, cannot walk, or is severely injured. (c) A person who violates this section is guilty of a misdemeanor and subject to the same penalties imposed upon a person convicted of a misdemeanor under Section 597a. (Added by Stats. 1993, Ch. 1213, Sec. 1. Effective January 1, 1994.)
  175. 597y

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

    Verify source ↗

    A violation of Section 597u or 597v is a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597y. A violation of Section 597u or 597v is a misdemeanor. (Amended by Stats. 2011, Ch. 296, Sec. 206. (AB 1023) Effective January 1, 2012.)
  176. 597z

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    It is a crime to sell dogs under eight weeks old unless, before the dogs are transferred, a California-licensed veterinarian has approved the sale in writing.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 597z. (a) (1) Except as otherwise authorized under any other provision of law, it shall be a crime, punishable as specified in subdivision (b), for any person to sell one or more dogs under eight weeks of age, unless, prior to any physical transfer of the dog or dogs from the seller to the purchaser, the dog or dogs are approved for sale, as evidenced by written documentation from a veterinarian licensed to practice in California. (2) For the purposes of this section, the sale of a dog or dogs shall not be considered complete, and thereby subject to the requirements and penalties of this section, unless and until the seller physically transfers the dog or dogs to the purchaser. (b) (1) Any person who violates this section shall be guilty of an infraction or a misdemeanor. (2) An infraction under this section shall be punishable by a fine not to exceed two hundred fifty dollars ($250). (3) With respect to the sale of two or more dogs in violation of this section, each dog unlawfully sold shall represent a separate offense under this section. (c) This section shall not apply to any of the following: (1) An organization, as defined in Section 501(c)(3) of the Internal Revenue Code, or any other organization that provides, or contracts to provide, services as a public animal sheltering agency. (2) A pet dealer as defined under Article 2 (commencing with Section 122125) of Chapter 5 of Part 6 of Division 105 of the Health and Safety Code. (3) A public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group regulated under Division 14 (commencing with Section 30501) of the Food and Agricultural Code. (Added by Stats. 2005, Ch. 669, Sec. 1. Effective January 1, 2006.)
  177. 598.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    People may not harm or trap birds, destroy bird nests, or remove eggs or young birds in a public cemetery or burying ground, except for swallows’ nests.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 598. Every person who, within any public cemetery or burying ground, kills, wounds, or traps any bird, or destroys any bird’s nest other than swallows’ nests, or removes any eggs or young birds from any nest, is guilty of a misdemeanor. (Enacted 1872.)
  178. 598.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    This section lets the prosecuting agency seek forfeiture of property connected to certain animal-fighting crimes and sets notice, claim, hearing, and distribution rules.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 598.1. (a) The prosecuting agency in a criminal proceeding in which the defendant has been charged with the commission of any of the crimes listed in subdivision (a) of Section 597.5 or subdivision (b) of Section 597b may, in conjunction with the criminal proceeding, file a petition for forfeiture as provided in subdivision (c). If the prosecuting agency has filed a petition for forfeiture pursuant to subdivision (c) and the defendant is convicted of any of the crimes described in subdivision (a) of Section 597.5 or subdivision (b) of Section 597b, the assets listed in subdivision (b) shall be subject to forfeiture upon proof of the elements of subdivision (b) and in accordance with this section. (b) (1) Any property interest, whether tangible or intangible, that was acquired through the commission of any of the crimes listed in subdivision (a) of Section 597.5 or subdivision (b) of Section 597b shall be subject to forfeiture, including both personal and real property, profits, proceeds, and the instrumentalities acquired, accumulated, or used by cockfighting or dogfighting participants, organizers, transporters of animals and equipment, breeders and trainers of fighting birds or fighting dogs, and persons who steal or illegally obtain dogs or other animals for fighting, including bait and sparring animals. (2) Notwithstanding paragraph (1), the following property shall not be subject to forfeiture under this section: (A) Property solely owned by a bona fide purchaser for value, who was without knowledge that the property was intended to be used for a purpose which would subject it to forfeiture under this section, or is subject to forfeiture under this section. (B) Property used as a family residence and owned by two or more inhabitants, one of whom had no knowledge of its unlawful use. (c) (1) If the prosecuting agency proceeds under subdivision (a), that agency shall, in conjunction with the criminal proceeding, file a petition for forfeiture with the superior court of the county in which the defendant has been charged with the commission of any of the crimes listed in subdivision (a) of Section 597.5 or subdivision (b) of Section 597b, that shall allege that the defendant has committed those crimes and the property is forfeitable pursuant to subdivision (a). (2) The prosecuting agency shall make service of process of a notice regarding that petition upon every individual who may have a property interest in the alleged proceeds, and that notice shall state that any interested party may file a verified claim with the superior court stating the amount of the party’s claimed interest and an affirmation or denial of the prosecuting agency’s allegation. (3) If the notices cannot be served by registered mail or personal delivery, the notices shall be published for at least three consecutive weeks in a newspaper of general circulation in the county where the property is located. (4) If the property alleged to be subject to forfeiture is real property, the prosecuting agency shall, at the time of filing the petition for forfeiture, record a lis pendens in each county in which real property alleged to be subject to forfeiture is located. (5) The judgment of forfeiture shall not affect the interest of any third party in real property that was acquired prior to the recording of the lis pendens. (6) All notices shall set forth the time within which a claim of interest in the property seized is required to be filed pursuant to this section. (d) Any person claiming an interest in the property or proceeds seized may, at any time within 30 days from the date of the first publication of the notice of seizure, or within 30 days after receipt of the actual notice, file with the superior court of the county in which the action is pending a verified claim stating his or her interest in the property or proceeds. A verified copy of the claim shall be given by the claimant to the Attorney General, or the district or city attorney, whichever is the prosecuting agency of the underlying crime. (e) (1) If, at the end of the time set forth in subdivision (d), an interested person, other than the defendant, has not filed a claim, the court, upon a motion, shall declare that the person has defaulted upon his or her alleged interest, and that interest shall be subject to forfeiture upon proof of the elements of subdivision (b). (2) The defendant may admit or deny that the property is subject to forfeiture pursuant to this section. If the defendant fails to admit or deny, or fails to file a claim of interest in the property or proceeds, the court shall enter a response of denial on behalf of the defendant. (f) (1) The forfeiture proceeding shall be set for hearing in the superior court in which the underlying criminal offense will be tried. (2) If the defendant is found guilty of the underlying offense, the issue of forfeiture shall be promptly tried, either before the same jury or before a new jury in the discretion of the court, unless waived by the consent of all parties. (g) At the forfeiture hearing, the prosecuting agency shall have the burden of establishing beyond a reasonable doubt that the defendant was engaged in any of the crimes described in subdivision (a) of Section 597.5 or subdivision (b) of Section 597b and that the property comes within the provisions of subdivision (b). (h) Concurrent with, or subsequent to, the filing of the petition, the prosecuting agency may move the superior court for the following pendente lite orders to preserve the status quo of the property alleged in the petition of forfeiture: (1) An injunction to restrain all interested parties and enjoin them from transferring, encumbering, hypothecating, or otherwise disposing of that property. (2) Appointment of a receiver to take possession of, care for, manage, and operate the assets and properties so that the property may be maintained and preserved. (i) (1) No preliminary injunction may be granted or receiver appointed without notice to the interested parties and a hearing to determine that the order is necessary to preserve the property, pending the outcome of the criminal proceedings, and that there is probable cause to believe that the property alleged in the forfeiture proceedings are proceeds or property interests forfeitable under subdivision (a). However, a temporary restraining order may issue pending that hearing pursuant to the provisions of Section 527 of the Code of Civil Procedure. (2) Notwithstanding any other provision of law, the court, when granting or issuing these orders may order a surety bond or undertaking to preserve the property interests of the interested parties. The court shall, in making its orders, seek to protect the interest of those who may be involved in the same enterprise as the defendant, but who are not involved in any of the crimes described in subdivision (a) of Section 597.5 or subdivision (b) of Section 597b. (j) If the trier of fact at the forfeiture hearing finds that the alleged property or proceeds are forfeitable pursuant to subdivision (a), and that the defendant was convicted of a crime listed in subdivision (a) of Section 597.5 or subdivision (b) of Section 597b, the court shall declare that property or proceeds forfeited to the state or local governmental entity, subject to distribution as provided in subdivision (l). (k) (1) If the trier of fact at the forfeiture hearing finds that the alleged property is forfeitable pursuant to subdivision (a) but does not find that a person holding a valid lien, mortgage, security interest, or interest under a conditional sales contract acquired that interest with actual knowledge that the property was to be used for a purpose for which forfeiture is permitted, and the amount due to that person is less than the appraised value of the property, that person may pay to the state or the local governmental entity that initiated the forfeiture proceeding the amount of the registered owner’s equity, which shall be deemed to be the difference between the appraised value and the amount of the lien, mortgage, security interest, or interest under a conditional sales contract. Upon that payment, the state or local governmental entity shall relinquish all claims to the property. (2) If the holder of the interest elects not to make that payment to the state or local governmental entity, the property shall be deemed forfeited to the state or local governmental entity. (3) The appraised value shall be determined as of the date judgment is entered either by agreement between the legal owner and the governmental entity involved, or if they cannot agree, then by a court-appointed appraiser for the county in which the action is brought. (4) If the amount due to a person holding a valid lien, mortgage, security interest, or interest under a conditional sales contract is less than the value of the property and the person elects not to make payment to the governmental entity, the property shall be sold at public auction by the Department of General Services or by the local governmental entity which shall provide notice of that sale by one publication in a newspaper published and circulated in the city, community, or locality where the sale is to take place. Proceeds of the sale shall be distributed pursuant to subdivision (l). (l) Notwithstanding that no response or claim has been filed pursuant to subdivision (d), in all cases where property is forfeited pursuant to this section and is sold by the Department of General Services or a local governmental entity, the property forfeited or the proceeds of the sale shall be distributed by the state or local governmental entity, as follows: (1) To the bona fide or innocent purchaser, conditional sales vendor, or holder of a valid lien, mortgage, or security interest, if any, up to the amount of his or her interest in the property or proceeds, when the court declaring the forfeiture orders a distribution to that person. The court shall endeavor to discover all those lienholders and protect their interests and may, at its discretion, order the proceeds placed in escrow for a period not to exceed 60 additional days to ensure that all valid claims are received and processed. (2) To the Department of General Services or local governmental entity for all expenditures made or incurred by it in connection with the sale of the property, including expenditures for any necessary repairs, storage, or transportation of any property seized under this section. (3) To local nonprofit organizations exempt under Section 501(c)(3) of the Internal Revenue Code, the primary activities of which include ongoing rescue, foster, or other care of animals that are the victims of cockfighting or dogfighting, and to law enforcement entities, including multiagency task forces, that actively investigate and prosecute animal fighting crimes. (4) Any remaining funds not fully distributed to organizations or entities pursuant to paragraph (3) shall be deposited in an escrow account or restricted fund to be distributed as soon as possible in accordance with paragraph (3). (Amended by Stats. 2011, Ch. 562, Sec. 3. (SB 425) Effective January 1, 2012.)
  179. 598a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    It is a misdemeanor for any person to kill, possess, import, sell, buy, give away, or accept a dog or cat, or its pelt, when the purpose is to sell or give away the pelt.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 598a. (a) Every person is guilty of a misdemeanor who kills any dog or cat with the sole intent of selling or giving away the pelt of such animal. (b) Every person is guilty of a misdemeanor who possesses, imports into this state, sells, buys, gives away or accepts any pelt of a dog or cat with the sole intent of selling or giving away the pelt of the dog or cat, or who possesses, imports into this state, sells, buys, gives away, or accepts any dog or cat, with the sole intent of killing or having killed such dog or cat for the purpose of selling or giving away the pelt of such animal. (Added by Stats. 1973, Ch. 778.)
  180. 598b

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    It is a misdemeanor for any person to handle certain pet or companion animals, or their carcasses, for food-related use, and the section does not interfere with listed agricultural or lawful wildlife-related activities.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 598b. (a) Every person is guilty of a misdemeanor who possesses, imports into, or exports from, this state, sells, buys, gives away, or accepts any carcass or part of any carcass of any animal traditionally or commonly kept as a pet or companion with the intent of using or having another person use any part of that carcass for food. (b) Every person is guilty of a misdemeanor who possesses, imports into, or exports from, this state, sells, buys, gives away, or accepts any animal traditionally or commonly kept as a pet or companion with the intent of killing or having another person kill that animal for the purpose of using or having another person use any part of the animal for food. (c) This section shall not be construed to interfere with the production, marketing, or disposal of any livestock, poultry, fish, shellfish, or any other agricultural commodity produced in this state. Nor shall this section be construed to interfere with the lawful killing of wildlife, or the lawful killing of any other animal under the laws of this state pertaining to game animals. (Amended by Stats. 1996, Ch. 381, Sec. 1. Effective January 1, 1997.)
  181. 598c

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A person must not possess, import, export, sell, buy, give away, hold, or accept a horse for killing if they know or should know part of it will be used for human consumption.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 598c. (a) Notwithstanding any other provision of law, it is unlawful for any person to possess, to import into or export from the state, or to sell, buy, give away, hold, or accept any horse with the intent of killing, or having another kill, that horse, if that person knows or should have known that any part of that horse will be used for human consumption. (b) For purposes of this section, “horse” means any equine, including any horse, pony, burro, or mule. (c) Violation of this section is a felony punishable by imprisonment in the state prison for 16 months, or two or three years. (d) It is not the intent of this section to affect any commonly accepted commercial, noncommercial, recreational, or sporting activity that relates to horses. (e) It is not the intent of this section to affect any existing law that relates to horse taxation or zoning. (Amended (as amended by Stats. 2011, Ch. 15) by Stats. 2011, Ch. 39, Sec. 18. (AB 117) Effective June 30, 2011. Operative October 1, 2011, pursuant to Secs. 68 and 69 of Ch. 39. Note: This section was added on Nov. 3, 1998, by initiative Prop. 6.)
  182. 598d

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    Horsemeat may not be offered for sale or served for human consumption, including by restaurants and other public eating places.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 598d. (a) Notwithstanding any other provision of law, horsemeat may not be offered for sale for human consumption. No restaurant, cafe, or other public eating place may offer horsemeat for human consumption. (b) Violation of this section is a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), or by confinement in jail for not less than 30 days nor more than two years, or by both that fine and confinement. (c) A second or subsequent offense under this section is punishable by imprisonment in the state prison for not less than two years nor more than five years. (Amended (as amended by Stats. 2011, Ch. 15) by Stats. 2011, Ch. 39, Sec. 19. (AB 117) Effective June 30, 2011. Operative October 1, 2011, pursuant to Secs. 68 and 69 of Ch. 39. Note: This section was added on Nov. 3, 1998, by initiative Prop. 6.)
  183. 599.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    Section 599 makes it a misdemeanor to sell, give away, dye, possess, display, or otherwise handle live chicks, rabbits, ducklings, or other fowl in the listed prohibited ways.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 599. Every person is guilty of a misdemeanor who: (a) Sells or gives away, any live chicks, rabbits, ducklings, or other fowl as a prize for, or as an inducement to enter, any contest, game or other competition or as an inducement to enter a place of amusement or place of business; or (b) Dyes or otherwise artificially colors any live chicks, rabbits, ducklings or other fowl, or sells, offers for sale, or gives away any live chicks, rabbits, ducklings, or other fowl which has been dyed or artificially colored; or (c) Maintains or possesses any live chicks, rabbits, ducklings, or other fowl for the purpose of sale or display without adequate facilities for supplying food, water and temperature control needed to maintain the health of such fowl or rabbit; or (d) Sells, offers for sale, barters, or for commercial purposes gives away, any live chicks, rabbits, ducklings, or other fowl on any street or highway. This section shall not be construed to prohibit established hatchery management procedures or the display, or sale of natural chicks, rabbits, ducklings, or other fowl in proper facilities by dealers, hatcheries, poultrymen, or stores regularly engaged in the business of selling the same. (Amended by Stats. 1967, Ch. 708.)
  184. 599a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    If a sworn complaint alleges that laws about dumb animals or birds are being or are about to be violated in a building or place, the magistrate must immediately issue a warrant.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 599a. When complaint is made, on oath, to any magistrate authorized to issue warrants in criminal cases, that the complainant believes that any provision of law relating to, or in any way affecting, dumb animals or birds, is being, or is about to be violated in any particular building or place, the magistrate must issue and deliver immediately a warrant directed to any sheriff, police or peace officer or officer of any incorporated association qualified as provided by law, authorizing him to enter and search that building or place, and to arrest any person there present violating, or attempting to violate, any law relating to, or in any way affecting, dumb animals or birds, and to bring that person before some court or magistrate of competent jurisdiction, within the city, city and county, or judicial district within which the offense has been committed or attempted, to be dealt with according to law, and the attempt must be held to be a violation of Section 597. (Amended by Stats. 1996, Ch. 872, Sec. 112. Effective January 1, 1997.)
  185. 599b

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    This section defines several words used in the title, including “animal,” “torment,” “torture,” “cruelty,” “owner,” and “person.”

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 599b. In this title, the word “animal” includes every dumb creature; the words “torment,” “torture,” and “cruelty” include every act, omission, or neglect whereby unnecessary or unjustifiable physical pain or suffering is caused or permitted; and the words “owner” and “person” include corporations as well as individuals; and the knowledge and acts of any agent of, or person employed by, a corporation in regard to animals transported, owned, or employed by, or in the custody of, the corporation, must be held to be the act and knowledge of the corporation as well as the agent or employee. (Amended by Stats. 2002, Ch. 787, Sec. 14. Effective January 1, 2003.)
  186. 599c

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    This section says Title 14 does not override game laws, bird-destruction laws, certain rights to destroy dangerous animals, the right to kill animals used for food, or properly conducted scientific experiments or investigations authorized by a medical college or university faculty.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 599c. No part of this title shall be construed as interfering with any of the laws of this state known as the “game laws,” or any laws for or against the destruction of certain birds, nor must this title be construed as interfering with the right to destroy any venomous reptile, or any animal known as dangerous to life, limb, or property, or to interfere with the right to kill all animals used for food, or with properly conducted scientific experiments or investigations performed under the authority of the faculty of a regularly incorporated medical college or university of this state. (Added by Stats. 1905, Ch. 519.)
  187. 599d

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    The provision states a policy against euthanizing adoptable animals or treatable animals when adoption into a suitable home is possible.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 599d. (a) It is the policy of the state that no adoptable animal should be euthanized if it can be adopted into a suitable home. Adoptable animals include only those animals eight weeks of age or older that, at or subsequent to the time the animal is impounded or otherwise taken into possession, have manifested no sign of a behavioral or temperamental defect that could pose a health or safety risk or otherwise make the animal unsuitable for placement as a pet, and have manifested no sign of disease, injury, or congenital or hereditary condition that adversely affects the health of the animal or that is likely to adversely affect the animal’s health in the future. (b) It is the policy of the state that no treatable animal should be euthanized. A treatable animal shall include any animal that is not adoptable but that could become adoptable with reasonable efforts. This subdivision, by itself, shall not be the basis of liability for damages regarding euthanasia. (Added by Stats. 1998, Ch. 752, Sec. 20. Effective January 1, 1999.)
  188. 599e

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    An owner or lawful possessor must kill an unfit animal within 12 hours after notice, unless the owner keeps an old or diseased animal on the owner’s premises with proper care.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 599e. Every animal which is unfit, by reason of its physical condition, for the purpose for which those animals are usually employed, and when there is no reasonable probability of that animal ever becoming fit for the purpose for which it is usually employed, shall be by the owner or lawful possessor of the same, deprived of life within 12 hours after being notified by any peace officer, officer of said society, or employee of an animal shelter or animal regulation department of a public agency who is a veterinarian, to kill the animal, and the owner, possessor, or person omitting or refusing to comply with the provisions of this section shall, upon conviction, be deemed guilty of a misdemeanor, and after that conviction the court or magistrate having jurisdiction of that offense shall order any peace officer, officer of said society, or officer of an animal shelter or animal regulation department of a public agency, to immediately kill that animal; provided, that this shall not apply to the owner of any old or diseased animal keeping the animal on the owner’s premises with proper care. (Amended by Stats. 2019, Ch. 7, Sec. 26. (AB 1553) Effective January 1, 2020.)
  189. 599f

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    This section bans buying, selling, receiving, transporting, holding, processing, or moving nonambulatory animals in specified livestock and slaughter settings, and requires immediate humane euthanasia or veterinary care in some cases.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 599f. (a) No slaughterhouse, stockyard, auction, market agency, or dealer shall buy, sell, or receive a nonambulatory animal. (b) No slaughterhouse shall process, butcher, or sell meat or products of nonambulatory animals for human consumption. (c) No slaughterhouse shall hold a nonambulatory animal without taking immediate action to humanely euthanize the animal. (d) No stockyard, auction, market agency, or dealer shall hold a nonambulatory animal without taking immediate action to humanely euthanize the animal or to provide immediate veterinary treatment. (e) While in transit or on the premises of a stockyard, auction, market agency, dealer, or slaughterhouse, a nonambulatory animal may not be dragged at any time, or pushed with equipment at any time, but shall be moved with a sling or on a stoneboat or other sled-like or wheeled conveyance. (f) No person shall sell, consign, or ship any nonambulatory animal for the purpose of delivering a nonambulatory animal to a slaughterhouse, stockyard, auction, market agency, or dealer. (g) No person shall accept a nonambulatory animal for transport or delivery to a slaughterhouse, stockyard, auction, market agency, or dealer. (h) A violation of this section is subject to imprisonment in a county jail for a period not to exceed one year, or by a fine of not more than twenty thousand dollars ($20,000), or by both that fine and imprisonment. (i) As used in this section, “nonambulatory” means unable to stand and walk without assistance. (j) As used in this section, “animal” means live cattle, swine, sheep, or goats. (k) As used in this section, “humanely euthanize” means to kill by a mechanical, chemical, or electrical method that rapidly and effectively renders the animal insensitive to pain. (Amended by Stats. 2009, Ch. 140, Sec. 141. (AB 1164) Effective January 1, 2010.)
  190. 600.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    This section makes it a crime to willfully and maliciously injure, obstruct, or interfere with a horse or dog used by or supervised under a peace officer, and it sets imprisonment, fines, and restitution.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 600. (a) Any person who willfully and maliciously and with no legal justification strikes, beats, kicks, cuts, stabs, shoots with a firearm, administers any poison or other harmful or stupefying substance to, or throws, hurls, or projects at, or places any rock, object, or other substance which is used in such a manner as to be capable of producing injury and likely to produce injury, on or in the path of, a horse being used by, or a dog under the supervision of, a peace officer in the discharge or attempted discharge of his or her duties, or a volunteer who is acting under the direct supervision of a peace officer in the discharge or attempted discharge of his or her assigned volunteer duties, is guilty of a public offense. If the injury inflicted is a serious injury, as described in subdivision (c), the person shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, two or three years, or in a county jail for not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both a fine and imprisonment. If the injury inflicted is not a serious injury, the person shall be punished by imprisonment in the county jail for not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both a fine and imprisonment. (b) Any person who willfully and maliciously and with no legal justification interferes with or obstructs a horse or dog being used by a peace officer in the discharge or attempted discharge of his or her duties, or a volunteer who is acting under the direct supervision of a peace officer in the discharge or attempted discharge of his or her assigned volunteer duties, by frightening, teasing, agitating, harassing, or hindering the horse or dog shall be punished by imprisonment in a county jail for not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both a fine and imprisonment. (c) Any person who, in violation of this section, and with intent to inflict that injury or death, personally causes the death, destruction, or serious physical injury including bone fracture, loss or impairment of function of any bodily member, wounds requiring extensive suturing, or serious crippling, of a horse or dog, shall, upon conviction of a felony under this section, in addition and consecutive to the punishment prescribed for the felony, be punished by an additional term of imprisonment pursuant to subdivision (h) of Section 1170 for one year. (d) Any person who, in violation of this section, and with the intent to inflict that injury, personally causes great bodily injury, as defined in Section 12022.7, to any person not an accomplice, shall, upon conviction of a felony under this section, in addition and consecutive to the punishment prescribed for the felony, be punished by an additional term of imprisonment in the state prison for two years unless the conduct described in this subdivision is an element of any other offense of which the person is convicted or receives an enhancement under Section 12022.7. (e) A defendant convicted of a violation of this section shall be ordered to make restitution to the agency owning the animal and employing the peace officer, to a volunteer who is acting under the direct supervision of a peace officer who is using his or her horse or supervising his or her dog in the performance of his or her assigned duties, or to the agency that provides, or the individual who provides, veterinary health care coverage or veterinary care for a horse or dog being used by, or under the supervision of, a volunteer who is acting under the direct supervision of a peace officer for any veterinary bills, replacement costs of the animal if it is disabled or killed, and, if applicable, the salary of the peace officer for the period of time his or her services are lost to the agency. (Amended by Stats. 2015, Ch. 201, Sec. 1. (AB 794) Effective January 1, 2016.)
  191. 600.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A person may not let a dog they own, harbor, or control injure or kill a guide, signal, or service dog.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 600.2. (a) It is a crime for a person to permit a dog that is owned, harbored, or controlled by the person to cause injury to, or the death of, a guide, signal, or service dog. (b) A violation of this section is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) if the injury or death to a guide, signal, or service dog is caused by the person’s failure to exercise ordinary care in the control of the person’s dog. (c) A violation of this section is a misdemeanor if the injury or death to a guide, signal, or service dog is caused by the person’s reckless disregard in the exercise of control over the person’s dog, under circumstances that constitute such a departure from the conduct of a reasonable person as to be incompatible with a proper regard for the safety and life of a guide, signal, or service dog. A violation of this subdivision is punishable by imprisonment in a county jail not exceeding one year, or by a fine of not less than two thousand five hundred dollars ($2,500) nor more than five thousand dollars ($5,000), or both that fine and imprisonment. The court shall consider the costs ordered pursuant to subdivision (d) when determining the amount of any fines. (d) A defendant who is convicted of a violation of this section shall be ordered to make restitution to the person with a disability who has custody or ownership of the guide, signal, or service dog for any veterinary bills, replacement costs of the dog if it is disabled or killed, medical or medical-related expenses of the person with a disability, loss of wages or income of the person with a disability, or other reasonable costs deemed appropriate by the court. The costs ordered pursuant to this subdivision shall be paid prior to any fines. The person with the disability may apply for compensation by the California Victim Compensation Board pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code, in an amount not to exceed ten thousand dollars ($10,000). (e) For the purposes of this section, the following definitions apply: (1) “Guide, signal, or service dog” means a guide dog, signal dog, or service dog, as defined in Section 54.1 of the Civil Code. “Guide, signal, or service dog” also includes a dog enrolled in a training school or program, located in this state, for guide, signal, or service dogs. (2) “Located in this state” includes the training of a guide, signal, or service dog that occurs in this state, even if the training school or program is located in another state. (3) “Loss of wages or income” means wages or income that are lost by the person with a disability as a direct result of a violation of this section. (4) “Replacement costs” means all costs that are incurred in the replacement of the guide, signal, or service dog, including, but not limited to, the training costs for a new dog, if needed, the cost of keeping the now-disabled dog in a kennel while the handler travels to receive the new dog, and, if needed, the cost of the travel required for the handler to receive the new dog. (Amended by Stats. 2019, Ch. 604, Sec. 1. (AB 169) Effective January 1, 2020.)
  192. 600.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    It is a misdemeanor to intentionally injure or kill a guide, signal, or service dog.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 600.5. (a) A person who intentionally causes injury to, or the death of, a guide, signal, or service dog is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment. The court shall consider the costs ordered pursuant to subdivision (b) when determining the amount of any fines. (b) A defendant who is convicted of a violation of this section shall be ordered to make restitution to the person with a disability who has custody or ownership of the dog for any veterinary bills, replacement costs of the dog if it is disabled or killed, medical or medical-related expenses of the person with a disability, loss of wages or income of the person with a disability, or other reasonable costs deemed appropriate by the court. The costs ordered pursuant to this subdivision shall be paid prior to any fines. The person with the disability may apply for compensation by the California Victim Compensation Board pursuant to Chapter 5 (commencing with Section 13950) of Part 4 of Division 3 of Title 2 of the Government Code, in an amount not to exceed ten thousand dollars ($10,000). (c) For the purposes of this section, the following definitions apply: (1) “Guide, signal, or service dog” means a guide dog, signal dog, or service dog, as defined in Section 54.1 of the Civil Code. “Guide, signal, or service dog” also includes a dog enrolled in a training school or program, located in this state, for guide, signal, or service dogs. (2) “Located in this state” includes the training of a guide, signal, or service dog that occurs in this state, even if the training school or program is located in another state. (3) “Loss of wages or income” means wages or income that are lost by the person with a disability as a direct result of a violation of this section. (4) “Replacement costs” means all costs that are incurred in the replacement of the guide, signal, or service dog, including, but not limited to, the training costs for a new dog, if needed, the cost of keeping the now-disabled dog in a kennel while the handler travels to receive the new dog, and, if needed, the cost of the travel required for the handler to receive the new dog. (Amended by Stats. 2019, Ch. 604, Sec. 2. (AB 169) Effective January 1, 2020.)
  193. 600.8.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    If a defendant on probation is covered by this section, the court must order counseling, may consider a mental health evaluation, and any needed higher-level treatment must be completed as directed by the court. The defendant generally pays for these services, subject to ability-to-pay and a cost exemption for people meeting Government Code section 68632 criteria.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 600.8. (a) For a defendant who is granted probation for an offense specified in subdivision (d), the court shall order the defendant to successfully complete counseling, as determined by the court, designed to evaluate and treat behavior or conduct disorders, unless the defendant is ordered to complete treatment as specified in subdivision (b). (b) The court shall consider whether to order the convicted person to undergo a mental health evaluation by an evaluator chosen by the court. Upon evaluation, if the evaluating mental health professional deems a higher level of treatment than described in subdivision (a) is necessary, the defendant shall complete such treatment as directed by the court. (c) Counseling or mental health evaluations and any subsequent treatment described in subdivisions (a) and (b) shall be paid for by the defendant. The court shall determine the defendant’s ability to pay. If the court finds that the defendant is financially unable to pay, the court may develop a sliding fee schedule based on the defendant’s ability to pay. A person who meets the criteria set forth in Section 68632 of the Government Code shall not be responsible for any costs. The counseling specified in this section shall be in addition to any other terms and conditions of probation, including any term of imprisonment and fine. (d) This section applies to a conviction for any of the following offenses: (1) Section 286.5. (2) Section 596. (3) Section 597. (4) Section 597.1. (5) Section 600.5. (e) A finding that the defendant suffers from a mental disorder, and any progress reports concerning the defendant’s treatment, or any other records created pursuant to this section, shall be confidential and shall not be released or used in connection with any civil or criminal proceeding without the defendant’s consent. (Added by Stats. 2023, Ch. 546, Sec. 3. (AB 829) Effective January 1, 2024.)
  194. 6001.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 4. Division of Juvenile Facilities [6001 - 6005] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 10, Sec. 51. )

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    Starting July 1, 2005, the Youth Authority’s listed functions are continued in the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 4. Division of Juvenile Facilities [6001 - 6005] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 10, Sec. 51. ) ## 6001. Commencing July 1, 2005, the establishment, organization, jurisdiction, powers, duties, responsibilities, and functions of the Youth Authority as provided in the Youth Authority Act (Chapter 1 (commencing with Section 1700) of Division 2.5 of the Welfare and Institutions Code), as it existed on June 30, 2005, are continued in the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. (Amended by Stats. 2005, Ch. 10, Sec. 52. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10.)
  195. 6005.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 4. Division of Juvenile Facilities [6001 - 6005] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 10, Sec. 51. )

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    This section allows reimbursement of certain costs tied to trying a public offense committed inside a correctional institution, and requires cost statements and a six-month claim deadline.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 4. Division of Juvenile Facilities [6001 - 6005] ( Heading of Chapter 4 amended by Stats. 2005, Ch. 10, Sec. 51. ) ## 6005. (a) Whenever a person confined to a correctional institution under the supervision of the Department of Corrections and Rehabilitation is charged with a public offense committed within the confines of that institution and is tried for that public offense, a city, county, or superior court shall be entitled to reimbursement for reasonable and necessary costs connected with that matter. (b) The appropriate financial officer or other designated official of a county or the city finance officer of a city incurring any costs in connection with that matter shall make out a statement of all the costs incurred by the county or city for the investigation, the preparation for the trial, participation in the actual trial of the case, all guarding and keeping of the person, and the execution of the sentence of the person, properly certified to by a judge of the superior court of the county. The statement may not include any costs that are incurred by the superior court pursuant to subdivision (c). The statement shall be sent to the department for its approval. After the approval the department must cause the amount of the costs to be paid out of the money appropriated for the support of the department to the county treasurer of the county or the city finance officer of the city incurring those costs. (c) The superior court shall prepare a statement of all costs incurred by the court for the preparation of the trial and the actual trial of the case. The statement may not include any costs that are incurred by the city or county pursuant to subdivision (a). The statement shall be sent to the Administrative Office of the Courts for approval and reimbursement. (d) No city, county, or other jurisdiction may file, and the state may not reimburse, a claim pursuant to this section that is presented to the Department of Corrections and Rehabilitation or to any other agency or department of the state more than six months after the close of the month in which the costs were incurred. (Amended by Stats. 2007, Ch. 175, Sec. 12. Effective August 24, 2007.)
  196. 6006.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 4.5. Examination of Staff for Tuberculosis [6006 - 6009] ( Chapter 4.5 heading added by Stats. 1993, Ch. 932, Sec. 5. )

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    The Department of Corrections and Rehabilitation must adopt rules for tuberculosis testing or examination of department staff, including annual exams for certain institutional employees and preemployment screening, while keeping test results confidential except as Section 6007 allows.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 4.5. Examination of Staff for Tuberculosis [6006 - 6009] ( Chapter 4.5 heading added by Stats. 1993, Ch. 932, Sec. 5. ) ## 6006. The Department of Corrections and Rehabilitation shall develop rules regarding the mandatory examination or testing for tuberculosis of the staff of the department. These rules shall include mandated annual examination for tuberculosis of employees whose primary job functions require them to work inside an institution and as a part of preemployment requirements. Except as provided in Section 6007, the confidentiality of the test results shall be maintained. However, statistical summaries that do not identify specific individuals may be prepared. (Amended by Stats. 2025, Ch. 10, Sec. 9. (AB 134) Effective June 27, 2025.)
  197. 6006.5.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 4.5. Examination of Staff for Tuberculosis [6006 - 6009] ( Chapter 4.5 heading added by Stats. 1993, Ch. 932, Sec. 5. )

    Verify source ↗

    This section defines TB-screening terms, the Department, institutions, follow-up care, and medical evaluation for this chapter.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 4.5. Examination of Staff for Tuberculosis [6006 - 6009] ( Chapter 4.5 heading added by Stats. 1993, Ch. 932, Sec. 5. ) ## 6006.5. For purposes of this chapter, the following definitions shall apply: (a) “Annual TB screening” means a yearly risk assessment to determine the presence of tuberculosis (TB) symptoms in an individual. (b) “Baseline TB screening and testing” means a process that includes an individual TB risk assessment and an initial TB test, as defined by the federal Centers for Disease Control and Prevention (CDC). (c) “Certificate” means a document signed by a licensed health care professional or their designee. The certificate shall indicate that the baseline TB screening and testing, annual TB screening, or medical evaluation was performed in accordance with the recommendations of the federal CDC. (d) “Department” means the Department of Corrections and Rehabilitation. (e) “Follow up care” means continued medical evaluations or treatment of a person after their initial baseline TB screening and testing or annual TB screening. (f) “Institution” means any state prison, camp, or other facility where incarcerated persons are housed under the jurisdiction of the Department of Corrections and Rehabilitation. (g) “Medical evaluation” means a gathering of patient information by a licensed health care professional, which may include, but is not limited to, a comprehensive history, physical examination, or tests in accordance with the recommendations of the federal CDC used to diagnose, assess, and treat TB. (Repealed and added by Stats. 2025, Ch. 10, Sec. 11. (AB 134) Effective June 27, 2025.)
  198. 6007.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 4.5. Examination of Staff for Tuberculosis [6006 - 6009] ( Chapter 4.5 heading added by Stats. 1993, Ch. 932, Sec. 5. )

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    Employees in the department who work inside an institution must complete TB screening and provide a certificate; the department must also manage screening, reporting, and records.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 4.5. Examination of Staff for Tuberculosis [6006 - 6009] ( Chapter 4.5 heading added by Stats. 1993, Ch. 932, Sec. 5. ) ## 6007. (a) A person who is employed by the department and whose primary job functions require them to work inside an institution shall complete baseline TB screening and testing and shall provide a certificate to the department within seven days of appointment to their position showing they are free of active tuberculosis. The employee shall not be allowed to perform any job duties within a licensed area within the institution until the certificate has been submitted and accepted by the department. (b) (1) An employee whose primary job functions require them to work inside an institution shall receive annual TB screening and ensure that certificates are submitted and accepted by the department showing they are free of active tuberculosis. If an employee is suspected of having active tuberculosis during an annual TB screening, the employee shall have a medical evaluation to determine the need for follow up care in accordance with the recommendations of the federal CDC. (2) The department may require more frequent TB screening or testing, including skin or blood tests, if there is a known exposure or ongoing transmission within an institution. (c) The department shall ensure that all annual TB screenings are: (1) Offered to the employee promptly at a reasonable time and place. (2) Offered at no cost to the employee. (3) Performed by, or under the supervision of, a licensed health care professional. (d) The department may contract with a licensed health care professional to administer the baseline TB screening and testing, annual TB screening, or medical evaluations. An employee who declines the department’s offer of these services shall obtain the services through their personal licensed health care providers at no cost to the department. (e) Follow up care for tuberculosis shall be pursued through the workers’ compensation system as provided in Division 4 (commencing with Section 3200) and Division 5 (commencing with Section 6300) of the Labor Code for job-related incidents or through the employee’s health insurance plan for non-job-related incidents. The department shall file a report for an employee whose test or medical evaluation for tuberculosis is positive. In addition, the department shall follow the guidelines, policies, and procedures of the workers’ compensation early intervention program pursuant to Section 3214 of the Labor Code. (f) The department shall maintain a file containing an up-to-date certificate for each employee. (Repealed and added by Stats. 2025, Ch. 10, Sec. 13. (AB 134) Effective June 27, 2025.)
  199. 6009.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 4.5. Examination of Staff for Tuberculosis [6006 - 6009] ( Chapter 4.5 heading added by Stats. 1993, Ch. 932, Sec. 5. )

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    The Legislature declares tuberculosis a serious contagious disease and says staff should be examined and tested, with positive staff getting appropriate treatment to help control its spread in California institutions.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 4.5. Examination of Staff for Tuberculosis [6006 - 6009] ( Chapter 4.5 heading added by Stats. 1993, Ch. 932, Sec. 5. ) ## 6009. In enacting this chapter, the Legislature hereby finds and declares that tuberculosis is a serious contagious disease. It is vital to the health and safety of inmates, employees, and the public at large, to conduct appropriate examinations and testing and to ensure that staff who test positive for tuberculosis obtain appropriate treatment in order to control the spread of tuberculosis in California’s institutions. (Added by Stats. 1993, Ch. 932, Sec. 8. Effective October 8, 1993.)
  200. 601.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. )

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    A person commits trespass if they make a credible threat of serious bodily injury and, within 30 days, unlawfully enter the threatened person's residence or workplace for the threat-related purpose.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 14. MALICIOUS MISCHIEF [594 - 625c] ( Title 14 enacted 1872. ) ## 601. (a) Any person is guilty of trespass who makes a credible threat to cause serious bodily injury, as defined in subdivision (a) of Section 417.6, to another person with the intent to place that other person in reasonable fear for his or her safety, or the safety of his or her immediate family, as defined in subdivision (l) of Section 646.9, and who does any of the following: (1) Within 30 days of the threat, unlawfully enters into the residence or real property contiguous to the residence of the person threatened without lawful purpose, and with the intent to execute the threat against the target of the threat. (2) Within 30 days of the threat, knowing that the place is the threatened person’s workplace, unlawfully enters into the workplace of the person threatened and carries out an act or acts to locate the threatened person within the workplace premises without lawful purpose, and with the intent to execute the threat against the target of the threat. (b) Subdivision (a) shall not apply if the residence, real property, or workplace described in paragraph (1) or (2) that is entered is the residence, real property, or workplace of the person making the threat. (c) This section shall not apply to any person who is engaged in labor union activities which are permitted to be carried out on the property by the California Agricultural Labor Relations Act, Part 3.5 (commencing with Section 1140) of Division 2 of the Labor Code, or by the National Labor Relations Act. (d) A violation of this section shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170, or by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 415. (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.)

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