Penal Code — Part 25 | PEN — United States — California law | Esheria

Penal Code

Part 25 of 29 · provisions 4,801–5,000

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

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

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Provisions of Penal Code

Showing 200 of 5,647

  1. 629.78.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    A person who received intercepted communication information may disclose the contents or derivative evidence in certain sworn proceedings.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.78. Any person who has received, by any means authorized by this chapter, any information concerning a wire or electronic communication, or evidence derived therefrom, intercepted in accordance with the provisions of this chapter, may, pursuant to Section 629.82, disclose the contents of that communication or derivative evidence while giving testimony under oath or affirmation in any criminal court proceeding or in any grand jury proceeding, or in an administrative or disciplinary hearing involving the employment of a peace officer. (Amended by Stats. 2019, Ch. 645, Sec. 1. (SB 439) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 629.98.)
  2. 629.80.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    If an officer intercepts a privileged communication, the officer must stop for at least two minutes, may briefly resume to check whether it is still privileged, and must keep alternating stops and brief checks until the communication is no longer privileged or ends.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.80. No otherwise privileged communication intercepted in accordance with, or in violation of, the provisions of this chapter shall lose its privileged character. When a peace officer or federal law enforcement officer, while engaged in intercepting wire or electronic communications in the manner authorized by this chapter, intercepts wire or electronic communications that are of a privileged nature he or she shall immediately cease the interception for at least two minutes. After a period of at least two minutes, interception may be resumed for up to 30 seconds during which time the officer shall determine if the nature of the communication is still privileged. If still of a privileged nature, the officer shall again cease interception for at least two minutes, after which the officer may again resume interception for up to 30 seconds to redetermine the nature of the communication. The officer shall continue to go online and offline in this manner until the time that the communication is no longer privileged or the communication ends. The recording device shall be metered so as to authenticate upon review that interruptions occurred as set forth in this chapter. (Amended by Stats. 2010, Ch. 707, Sec. 18. (SB 1428) Effective January 1, 2011. Repealed as of January 1, 2030, pursuant to Section 629.98.)
  3. 629.82.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    This section limits when intercepted wire or electronic communications may be disclosed or used, and requires annual reporting when peace-officer-related evidence is used in discipline matters.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.82. (a) If a peace officer or federal law enforcement officer, while engaged in intercepting wire or electronic communications in the manner authorized by this chapter, intercepts wire or electronic communications relating to crimes other than those specified in the order of authorization, but that are enumerated in subdivision (a) of Section 629.52, grand theft involving a firearm, a violation of Section 18750 or 18755, or a violent felony as defined in subdivision (c) of Section 667.5, (1) the contents thereof, and evidence derived therefrom, may be disclosed or used as provided in Sections 629.74 and 629.76 and (2) the contents and any evidence derived therefrom may be used under Section 629.78 when authorized by a judge if the judge finds, upon subsequent application, that the contents were otherwise intercepted in accordance with the provisions of this chapter. The application shall be made as soon as practicable. (b) If a peace officer or federal law enforcement officer, while engaged in intercepting wire or electronic communications in the manner authorized by this chapter, intercepts wire or electronic communications relating to crimes other than those specified in subdivision (a), the contents thereof, and evidence derived therefrom, may not be disclosed or used as provided in Sections 629.74 and 629.76, except to prevent the commission of a public offense. The contents and any evidence derived therefrom may not be used under Section 629.78, except where the evidence was obtained through an independent source or inevitably would have been discovered, and the use is authorized by a judge who finds that the contents were intercepted in accordance with this chapter. (c) The use of the contents of an intercepted wire or electronic communication relating to crimes other than those specified in the order of authorization to obtain a search or arrest warrant entitles the person named in the warrant to notice of the intercepted wire or electronic communication and a copy of the contents thereof that were used to obtain the warrant. (d) (1) If a peace officer or federal law enforcement officer, while engaged in intercepting wire or electronic communications in the manner authorized by this chapter, intercepts wire or electronic communications relating to crimes, other than those specified in subdivision (a), and involving the employment of a peace officer, the contents thereof, and evidence derived therefrom, may not be disclosed or used as provided in Sections 629.74 and 629.76, except to prevent the commission of a public offense or in an administrative or disciplinary hearing involving the employment of a peace officer. The contents and any evidence derived therefrom may not be used under Section 629.78, except if the evidence was obtained through an independent source or inevitably would have been discovered, and the use is authorized by a judge who finds that the contents were intercepted in accordance with this chapter. (2) This section does not authorize the use of an intercepted wire or electronic communication involving acts that only involve a violation of a departmental rule or guideline that is not a public offense under California law. (3) If an agency employing peace officers utilizes evidence obtained pursuant to this subdivision in an administrative or disciplinary proceeding, the agency shall, on an annual basis, report both of the following to the Attorney General: (A) The number of administrative or disciplinary proceedings involving the employment of a peace officer in which the agency utilized evidence obtained pursuant to this subdivision. (B) The specific offenses for which evidence obtained pursuant to this subdivision was used in those administrative or disciplinary proceedings. (4) (A) The Attorney General may issue regulations prescribing the form of the reports required to be filed pursuant to paragraph (3) by an agency utilizing intercepted wire or electronic communications in an administrative or disciplinary proceeding against a peace officer. (B) The Attorney General shall include information received pursuant to paragraph (3) in its annual report made pursuant to Section 629.62. (Amended by Stats. 2019, Ch. 645, Sec. 2. (SB 439) Effective January 1, 2020. Repealed as of January 1, 2030, pursuant to Section 629.98.)
  4. 629.84.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    A violation of this chapter can be punished with a fine up to $2,500, county jail imprisonment up to one year, imprisonment under Section 1170(h), or both fine and imprisonment.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.84. Any violation of this chapter is punishable by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in the county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 427. (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. Repealed as of January 1, 2030, pursuant to Section 629.98.)
  5. 629.86.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    A person whose wire or electronic communication was intercepted, disclosed, or used in violation of this chapter can sue and recover damages and litigation costs.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.86. Any person whose wire or electronic communication is intercepted, disclosed, or used in violation of this chapter shall have the following remedies: (a) Have a civil cause of action against any person who intercepts, discloses, or uses, or procures any other person to intercept, disclose, or use, the communications. (b) Be entitled to recover, in that action, all of the following: (1) Actual damages but not less than liquidated damages computed at the rate of one hundred dollars ($100) a day for each day of violation or one thousand dollars ($1,000), whichever is greater. (2) Punitive damages. (3) Reasonable attorney’s fees and other litigation costs reasonably incurred. A good faith reliance on a court order is a complete defense to any civil or criminal action brought under this chapter, or under Chapter 1.5 (commencing with Section 630) or any other law. (Amended by Stats. 2010, Ch. 707, Sec. 20. (SB 1428) Effective January 1, 2011. Repealed as of January 1, 2030, pursuant to Section 629.98.)
  6. 629.88.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    This section says certain wire/electronic interceptions and related evidence or disclosures are not prohibited if done under this chapter’s rules, and it does not apply to conduct authorized by Section 633.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.88. Nothing in Section 631, 632.5, 632.6, or 632.7 shall be construed as prohibiting any peace officer or federal law enforcement officer from intercepting any wire or electronic communication pursuant to an order issued in accordance with the provisions of this chapter. Nothing in Section 631, 632.5, 632.6, or 632.7 shall be construed as rendering inadmissible in any criminal proceeding in any court or before any grand jury any evidence obtained by means of an order issued in accordance with the provisions of this chapter. Nothing in Section 637 shall be construed as prohibiting the disclosure of the contents of any wire or electronic communication obtained by any means authorized by this chapter, if the disclosure is authorized by this chapter. Nothing in this chapter shall apply to any conduct authorized by Section 633. (Amended by Stats. 2010, Ch. 707, Sec. 21. (SB 1428) Effective January 1, 2011. Repealed as of January 1, 2030, pursuant to Section 629.98.)
  7. 629.89.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    Orders under this chapter may not authorize covert entry into a residential dwelling, hotel room, or motel room to install, remove, or otherwise use an interception device.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.89. No order issued pursuant to this chapter shall either directly or indirectly authorize covert entry into or upon the premises of a residential dwelling, hotel room, or motel room for installation or removal of any interception device or for any other purpose. Notwithstanding that this entry is otherwise prohibited by any other section or code, this chapter expressly prohibits covert entry of a residential dwelling, hotel room, or motel room to facilitate an order to intercept wire or electronic communications. (Amended by Stats. 2010, Ch. 707, Sec. 22. (SB 1428) Effective January 1, 2011. Repealed as of January 1, 2030, pursuant to Section 629.98.)
  8. 629.90.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    If interception of a wire or electronic communication is authorized, certain service providers or other persons must promptly give the applicant the information, facilities, and technical assistance needed to carry it out, and the applicant must fully pay the reasonable costs.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.90. An order authorizing the interception of a wire or electronic communication shall direct, upon request of the applicant, that a public utility engaged in the business of providing communications services and facilities, a landlord, custodian, or any other person furnish the applicant forthwith all information, facilities, and technical assistance necessary to accomplish the interception unobtrusively and with a minimum of interference with the services which the public utility, landlord, custodian, or other person is providing the person whose communications are to be intercepted. Any such public utility, landlord, custodian, or other person furnishing facilities or technical assistance shall be fully compensated by the applicant for the reasonable costs of furnishing the facilities and technical assistance. (Amended by Stats. 2010, Ch. 707, Sec. 23. (SB 1428) Effective January 1, 2011. Repealed as of January 1, 2030, pursuant to Section 629.98.)
  9. 629.91.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    Good-faith reliance on a qualifying court order is a complete defense to civil or criminal actions under this chapter and related provisions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.91. A good faith reliance on a court order issued in accordance with this chapter by any public utility, landlord, custodian, or any other person furnishing information, facilities, and technical assistance as directed by the order is a complete defense to any civil or criminal action brought under this chapter, Chapter 1.5 (commencing with Section 630), or any other law. (Added by Stats. 1995, Ch. 971, Sec. 10. Effective January 1, 1996. Repealed as of January 1, 2030, pursuant to Section 629.98.)
  10. 629.92.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    A court handling an application under this chapter may take evidence, make findings, or issue orders needed to align the proceeding or authorization order with U.S. constitutional law, U.S. law, or this chapter.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.92. Notwithstanding any other provision of law, any court to which an application is made in accordance with this chapter may take any evidence, make any finding, or issue any order required to conform the proceedings or the issuance of any order of authorization or approval to the provisions of the Constitution of the United States, any law of the United States, or this chapter. (Added by Stats. 1995, Ch. 971, Sec. 10. Effective January 1, 1996. Repealed as of January 1, 2030, pursuant to Section 629.98.)
  11. 629.94.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    The Commission on Peace Officer Standards and Training must create training on interception of private wire or electronic communications, and the Attorney General must set certification standards for eligible persons. Both bodies may also charge reasonable fees.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.94. (a) The Commission on Peace Officer Standards and Training, in consultation with the Attorney General, shall establish a course of training in the legal, practical, and technical aspects of the interception of private wire or electronic communications and related investigative techniques. (b) The Attorney General shall set minimum standards for certification and periodic recertification of the following persons as eligible to apply for orders authorizing the interception of private wire or electronic communications, to conduct the interceptions, and to use the communications or evidence derived from them in official proceedings: (1) Investigative or law enforcement officers. (2) Other persons, when necessary, to provide linguistic interpretation who are designated by the Attorney General, Chief Deputy Attorney General, or Chief Assistant Attorney General, Criminal Law Division, or the district attorney, or the district attorney’s designee and are supervised by an investigative or law enforcement officer. (c) The Commission on Peace Officer Standards and Training may charge a reasonable enrollment fee for those students who are employed by an agency not eligible for reimbursement by the commission to offset the costs of the training. The Attorney General may charge a reasonable fee to offset the cost of certification. (Amended by Stats. 2010, Ch. 707, Sec. 24. (SB 1428) Effective January 1, 2011. Repealed as of January 1, 2030, pursuant to Section 629.98.)
  12. 629.96.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    If part of this chapter is invalid, the rest of the chapter still applies.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.96. If any provision of this chapter, or the application thereof to any person or circumstances, is held invalid, the remainder of the chapter, and the application of its provisions to other persons or circumstances, shall not be affected thereby. (Added by Stats. 1995, Ch. 971, Sec. 10. Effective January 1, 1996. Repealed as of January 1, 2030, pursuant to Section 629.98.)
  13. 629.98.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. )

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    This chapter stays in effect only until January 1, 2030, and is repealed on that date.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.4. Interception of Wire, Electronic Digital Pager, or Electronic Cellular Telephone Communications [629.50 - 629.98] ( Chapter 1.4 added by Stats. 1995, Ch. 971, Sec. 10. ) ## 629.98. This chapter shall remain in effect only until January 1, 2030, and as of that date is repealed. (Amended by Stats. 2023, Ch. 488, Sec. 1. (SB 514) Effective January 1, 2024. Repealed as of January 1, 2030, by its own provisions. Note: Repeal affects Chapter 1.4, commencing with Section 629.50.)
  14. 630.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

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    This section states that the chapter is meant to protect privacy from eavesdropping devices and techniques, while not adding greater limits on law enforcement use than existed before the chapter took effect.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 630. The Legislature hereby declares that advances in science and technology have led to the development of new devices and techniques for the purpose of eavesdropping upon private communications and that the invasion of privacy resulting from the continual and increasing use of such devices and techniques has created a serious threat to the free exercise of personal liberties and cannot be tolerated in a free and civilized society. The Legislature by this chapter intends to protect the right of privacy of the people of this state. The Legislature recognizes that law enforcement agencies have a legitimate need to employ modern listening devices and techniques in the investigation of criminal conduct and the apprehension of lawbreakers. Therefore, it is not the intent of the Legislature to place greater restraints on the use of listening devices and techniques by law enforcement agencies than existed prior to the effective date of this chapter. (Added by Stats. 1967, Ch. 1509.)
  15. 6300.

    ## 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 10. Regional Jail Camps [6300 - 6304] ( Chapter 10 added by Stats. 1957, Ch. 1646. )

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    The Department of Corrections may establish and operate regional jail camps.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 10. Regional Jail Camps [6300 - 6304] ( Chapter 10 added by Stats. 1957, Ch. 1646. ) ## 6300. The Department of Corrections is authorized to establish and operate regional jail camps. (Added by Stats. 1957, Ch. 1646.)
  16. 6301.

    ## 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 10. Regional Jail Camps [6300 - 6304] ( Chapter 10 added by Stats. 1957, Ch. 1646. )

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    The camps’ primary purpose is to confine, treat, and care for people sentenced to long jail terms, including people imprisoned as a condition of probation.

    ## 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 10. Regional Jail Camps [6300 - 6304] ( Chapter 10 added by Stats. 1957, Ch. 1646. ) ## 6301. The primary purpose of the camps shall be the confinement, treatment, and care of persons sentenced to long jail terms, including persons so imprisoned as a condition of probation. (Amended by Stats. 1987, Ch. 828, Sec. 166.)
  17. 6302.

    ## 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 10. Regional Jail Camps [6300 - 6304] ( Chapter 10 added by Stats. 1957, Ch. 1646. )

    Verify source ↗

    The Director of Corrections must make rules for eligibility, transfers, and the government of regional jail camps. A county prisoner may be committed to one of these camps instead of a county jail if the Director’s rules are followed and the county has the required Section 6303 contract.

    ## 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 10. Regional Jail Camps [6300 - 6304] ( Chapter 10 added by Stats. 1957, Ch. 1646. ) ## 6302. The Director of Corrections shall make rules and regulations governing eligibility for commitment or transfer to such camps and rules and regulations for the government of such camps. Subject to the rules and regulations of the Director of Corrections, and if there is in effect for the county a contract entered into pursuant to Section 6303, a county prisoner may be committed to a regional jail camp in lieu of commitment to a county jail or other county detention facility. (Added by Stats. 1957, Ch. 1646.)
  18. 6303.

    ## 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 10. Regional Jail Camps [6300 - 6304] ( Chapter 10 added by Stats. 1957, Ch. 1646. )

    Verify source ↗

    This section lets the director contract with a county for county-prisoner confinement, care, treatment, and employment, with required approvals and county reimbursement.

    ## 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 10. Regional Jail Camps [6300 - 6304] ( Chapter 10 added by Stats. 1957, Ch. 1646. ) ## 6303. (a) The director may enter into a contract, with the approval of the Director of General Services, with any county of the state, upon the request of the board of supervisors thereof, wherein the Director of Corrections agrees to furnish confinement, care, treatment, and employment of county prisoners. The county shall reimburse the state for the cost of such services, such cost to be determined by the Director of Finance. Each county auditor shall include in his state settlement report rendered to the Controller in the months of January and June the amounts due under any contract authorized by this section, and the county treasurer, at the time of settlement with the state in such months, shall pay to the State Treasurer upon order of the Controller, the amounts found to be due. (b) The Department of Corrections shall accept such county prisoner if it believes that the prisoner can be materially benefited by such confinement, care, treatment, and employment, and if adequate facilities to provide such care are available. No such person shall be transported to any facility under the jurisdiction of the Department of Corrections until the director has notified the referring court of the place to which said person is to be transmitted and the time at which he can be received. (c) The sheriff of the county in which such an order is made placing a misdemeanant in a jail camp pursuant to this chapter, or any other peace officer designated by the court, shall execute an order placing such county prisoner in the jail camp or returning him therefrom to the court. The expense of such sheriff or peace officer incurred in executing such order is a charge upon the county in which the court is situated. (Amended by Stats. 1974, Ch. 1221.)
  19. 6304.

    ## 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 10. Regional Jail Camps [6300 - 6304] ( Chapter 10 added by Stats. 1957, Ch. 1646. )

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    The Director of Corrections may send a person back to the committing authority if there is no suitable work or if the person violates regional jail camp rules.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 10. Regional Jail Camps [6300 - 6304] ( Chapter 10 added by Stats. 1957, Ch. 1646. ) ## 6304. The Director of Corrections may return to the committing authority any person committed transferred to a regional jail camp pursuant to this chapter when there is no suitable employment or when such person is guilty of any violation of rules and regulations of the regional jail camp. (Added by Stats. 1957, Ch. 1646.)
  20. 631.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

    Verify source ↗

    Section 631 prohibits unauthorized tapping, interception, or use of telephone/telegraph communications, and sets criminal penalties.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 631. (a) Any person who, by means of any machine, instrument, or contrivance, or in any other manner, intentionally taps, or makes any unauthorized connection, whether physically, electrically, acoustically, inductively, or otherwise, with any telegraph or telephone wire, line, cable, or instrument, including the wire, line, cable, or instrument of any internal telephonic communication system, or who willfully and without the consent of all parties to the communication, or in any unauthorized manner, reads, or attempts to read, or to learn the contents or meaning of any message, report, or communication while the same is in transit or passing over any wire, line, or cable, or is being sent from, or received at any place within this state; or who uses, or attempts to use, in any manner, or for any purpose, or to communicate in any way, any information so obtained, or who aids, agrees with, employs, or conspires with any person or persons to unlawfully do, or permit, or cause to be done any of the acts or things mentioned above in this section, is punishable 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 imprisonment pursuant to subdivision (h) of Section 1170, or by both a fine and imprisonment in the county jail or pursuant to subdivision (h) of Section 1170. If the person has previously been convicted of a violation of this section or Section 632, 632.5, 632.6, 632.7, or 636, the offense is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment. (b) This section shall not apply to any of the following: (1) Any public utility, or telephone company, engaged in the business of providing communications services and facilities, or to the officers, employees or agents thereof, where the acts otherwise prohibited herein are for the purpose of construction, maintenance, conduct or operation of the services and facilities of the public utility or telephone company. (2) The use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of a public utility. (3) Any telephonic communication system used for communication exclusively within a state, county, city and county, or city correctional facility. (c) For purposes of this section, “telephone company” is defined in paragraph (3) of subdivision (c) of Section 638. (d) Except as proof in an action or prosecution for violation of this section, no evidence obtained in violation of this section shall be admissible in any judicial, administrative, legislative, or other proceeding. (Amended by Stats. 2022, Ch. 27, Sec. 1. (SB 1272) Effective January 1, 2023.)
  21. 632.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

    Verify source ↗

    A person may not intentionally and without everyone’s consent use an electronic device to eavesdrop on or record a confidential communication.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 632. (a) A person who, intentionally and without the consent of all parties to a confidential communication, uses an electronic amplifying or recording device to eavesdrop upon or record the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500) per violation, or imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has previously been convicted of a violation of this section or Section 631, 632.5, 632.6, 632.7, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000) per violation, by imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. (b) For the purposes of this section, “person” means an individual, business association, partnership, corporation, limited liability company, or other legal entity, and an individual acting or purporting to act for or on behalf of any government or subdivision thereof, whether federal, state, or local, but excludes an individual known by all parties to a confidential communication to be overhearing or recording the communication. (c) For the purposes of this section, “confidential communication” means any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties thereto, but excludes a communication made in a public gathering or in any legislative, judicial, executive, or administrative proceeding open to the public, or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded. (d) Except as proof in an action or prosecution for violation of this section, evidence obtained as a result of eavesdropping upon or recording a confidential communication in violation of this section is not admissible in any judicial, administrative, legislative, or other proceeding. (e) This section does not apply (1) to any public utility engaged in the business of providing communications services and facilities, or to the officers, employees, or agents thereof, if the acts otherwise prohibited by this section are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility, (2) to the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of a public utility, or (3) to any telephonic communication system used for communication exclusively within a state, county, city and county, or city correctional facility. (f) This section does not apply to the use of hearing aids and similar devices, by persons afflicted with impaired hearing, for the purpose of overcoming the impairment to permit the hearing of sounds ordinarily audible to the human ear. (Amended by Stats. 2016, Ch. 855, Sec. 1. (AB 1671) Effective January 1, 2017.)
  22. 632.01.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

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    This section punishes certain unauthorized disclosures of confidential communications with a health care provider and sets fines or jail/prison penalties.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 632.01. (a) (1) A person who violates subdivision (a) of Section 632 shall be punished pursuant to subdivision (b) if the person intentionally discloses or distributes, in any manner, in any forum, including, but not limited to, Internet Web sites and social media, or for any purpose, the contents of a confidential communication with a health care provider that is obtained by that person in violation of subdivision (a) of Section 632. For purposes of this subdivision, “social media” means an electronic service or account, or electronic content, including, but not limited to, videos or still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations. (2) Notwithstanding any other provision of law, to aid and abet a violation of paragraph (1), for the purposes of Section 31, the person shall either violate, or aid and abet in a violation of, both Section 632 and paragraph (1). (b) A violation of subdivision (a) shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500) per violation, or imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has previously been convicted of a violation of this section, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000) per violation, by imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. (c) For purposes of this section, “health care provider” means any of the following: (1) A person licensed or certified pursuant to Division 2 (commencing with Section 500) of the Business and Professions Code. (2) A person licensed pursuant to the Osteopathic Initiative Act or the Chiropractic Initiative Act. (3) A person certified pursuant to Division 2.5 (commencing with Section 1797) of the Health and Safety Code. (4) A clinic, health dispensary, or health facility licensed or exempt from licensure pursuant to Division 2 (commencing with Section 1200) of the Health and Safety Code. (5) An employee, volunteer, or contracted agent of any group practice prepayment health care service plan regulated pursuant to the Knox-Keene Health Care Service Plan Act of 1975 (Chapter 2.2 (commencing with Section 1340) of Division 2 of the Health and Safety Code). (6) An employee, volunteer, independent contractor, or professional student of a clinic, health dispensary, or health care facility or health care provider described in this subdivision. (7) A professional organization that represents any of the other health care providers described in this subdivision. (d) (1) Subdivision (a) does not apply to the disclosure or distribution of a confidential communication pursuant to any of the following: (A) Any party as described in Section 633 acting within the scope of his or her authority overhearing or recording a confidential communication that he or she may lawfully overhear or record pursuant to that section. (B) Any party as described in Section 633.02 overhearing or recording a confidential communication related to sexual assault or other sexual offense that he or she may lawfully overhear or record pursuant to that section, or using or operating a body-worn camera as authorized pursuant to that section. (C) A city attorney as described in Section 633.05 overhearing or recording any communication that he or she may lawfully overhear or record pursuant to that section. (D) An airport law enforcement officer recording a communication received on an incoming telephone line pursuant to Section 633.1. (E) A party to a confidential communication recording the communication for the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of a crime as specified in Section 633.5. (F) A victim of domestic violence recording a prohibited communication made to him or her by the perpetrator pursuant to Section 633.6. (G) A peace officer using electronic amplifying or recording devices to eavesdrop on and record the otherwise confidential oral communications of individuals within a location when responding to an emergency situation that involves the taking of a hostage or the barricading of a location pursuant to Section 633.8. (2) This section does not affect the admissibility of any evidence that would otherwise be admissible pursuant to the authority of any section specified in paragraph (1). (Added by Stats. 2016, Ch. 855, Sec. 2. (AB 1671) Effective January 1, 2017.)
  23. 632.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

    Verify source ↗

    It is an offence to maliciously intercept, receive, or help intercept or receive certain communications between cellular telephones or between a cellular telephone and a landline without consent of all parties.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 632.5. (a) Every person who, maliciously and without the consent of all parties to the communication, intercepts, receives, or assists in intercepting or receiving a communication transmitted between cellular radio telephones or between any cellular radio telephone and a landline telephone shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in the county jail not exceeding one year or in the state prison, or by both that fine and imprisonment. If the person has been previously convicted of a violation of this section or Section 631, 632, 632.6, 632.7, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail not exceeding one year or in the state prison, or by both that fine and imprisonment. (b) In the following instances, this section shall not apply: (1) To any public utility engaged in the business of providing communications services and facilities, or to the officers, employees, or agents thereof, where the acts otherwise prohibited are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility. (2) To the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of the public utility. (3) To any telephonic communication system used for communication exclusively within a state, county, city and county, or city correctional facility. (c) As used in this section and Section 635, “cellular radio telephone” means a wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular radio telephones. (Amended by Stats. 1992, Ch. 298, Sec. 4. Effective January 1, 1993.)
  24. 632.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

    Verify source ↗

    It is an offense for a person, maliciously and without everyone’s consent, to intercept, receive, or help intercept or receive certain communications involving cordless telephones; penalties include fines and jail or prison.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 632.6. (a) Every person who, maliciously and without the consent of all parties to the communication, intercepts, receives, or assists in intercepting or receiving a communication transmitted between cordless telephones as defined in subdivision (c), between any cordless telephone and a landline telephone, or between a cordless telephone and a cellular telephone shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has been convicted previously of a violation of Section 631, 632, 632.5, 632.7, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. (b) This section shall not apply in any of the following instances: (1) To any public utility engaged in the business of providing communications services and facilities, or to the officers, employees, or agents thereof, where the acts otherwise prohibited are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility. (2) To the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of the public utility. (3) To any telephonic communications system used for communication exclusively within a state, county, city and county, or city correctional facility. (c) As used in this section and in Section 635, “cordless telephone” means a two-way low power communication system consisting of two parts—a “base” unit which connects to the public switched telephone network and a handset or “remote” unit—which are connected by a radio link and authorized by the Federal Communications Commission to operate in the frequency bandwidths reserved for cordless telephones. (Amended by Stats. 1992, Ch. 298, Sec. 5. Effective January 1, 1993.)
  25. 632.7.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

    Verify source ↗

    It is an offence to intercept, receive, or help record certain communications between specified telephones without the consent of all parties.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 632.7. (a) Every person who, without the consent of all of the parties to a communication, intercepts or receives and intentionally records, or assists in the interception or reception and intentional recordation of, a communication transmitted between two cellular radio telephones, a cellular radio telephone and a landline telephone, two cordless telephones, a cordless telephone and a landline telephone, or a cordless telephone and a cellular radio telephone, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has been convicted previously of a violation of this section or of Section 631, 632, 632.5, 632.6, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. (b) This section shall not apply to any of the following: (1) Any public utility, or telephone company, engaged in the business of providing communications services and facilities, or to the officers, employees, or agents thereof, where the acts otherwise prohibited are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility or telephone company. (2) The use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of the public utility. (3) Any telephonic communication system used for communication exclusively within a state, county, city and county, or city correctional facility. (c) For purposes of this section, “telephone company” is defined in paragraph (3) of subdivision (c) of Section 638. (d) As used in this section, each of the following terms have the following meaning: (1) “Cellular radio telephone” means a wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular radio telephones. (2) “Cordless telephone” means a two-way, low power communication system consisting of two parts, a “base” unit which connects to the public switched telephone network and a handset or “remote” unit, that are connected by a radio link and authorized by the Federal Communications Commission to operate in the frequency bandwidths reserved for cordless telephones. (3) “Communication” includes, but is not limited to, communications transmitted by voice, data, or image, including facsimile. (Amended by Stats. 2022, Ch. 27, Sec. 2. (SB 1272) Effective January 1, 2023.)
  26. 633.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

    Verify source ↗

    Certain listed law enforcement officers, and people acting under their direction, may overhear or record communications they could lawfully overhear or record before January 1, 1968.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 633. (a) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 prohibits the Attorney General, any district attorney, or any assistant, deputy, or investigator of the Attorney General or any district attorney, any officer of the California Highway Patrol, any peace officer of the Office of Internal Affairs of the Department of Corrections and Rehabilitation, any chief of police, assistant chief of police, or police officer of a city or city and county, any sheriff, undersheriff, or deputy sheriff regularly employed and paid in that capacity by a county, police officer of the County of Los Angeles, or any person acting pursuant to the direction of one of these law enforcement officers acting within the scope of his or her authority, from overhearing or recording any communication that they could lawfully overhear or record prior to January 1, 1968. (b) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 renders inadmissible any evidence obtained by the above-named persons by means of overhearing or recording any communication that they could lawfully overhear or record prior to January 1, 1968. (Amended by Stats. 2018, Ch. 175, Sec. 1. (AB 2669) Effective January 1, 2019.)
  27. 633.02.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

    Verify source ↗

    This section lets certain POST-certified police officials use body-worn cameras and, in specified sexual-offense investigations, overhear or record communications they could lawfully have recorded before January 1, 1968.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 633.02. (a) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 prohibits any POST-certified chief of police, assistant chief of police, or police officer of a university or college campus acting within the scope of his or her authority, from overhearing or recording any communication that he or she could lawfully overhear or record prior to January 1, 1968, in any criminal investigation related to sexual assault or other sexual offense. (b) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 shall prohibit any POST-certified chief of police, assistant chief of police, or police officer of a university or college campus from using or operating body-worn cameras. (c) This section shall not be construed to affect Section 633. (d) This section shall not be used to impinge upon the lawful exercise of constitutionally protected rights of freedom of speech or assembly, or the constitutionally protected right of personal privacy. (Added by Stats. 2015, Ch. 159, Sec. 1. (SB 424) Effective January 1, 2016.)
  28. 633.05.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

    Verify source ↗

    This section allows certain city attorneys, and people acting under their direction, to overhear or record communications they could lawfully overhear or record, if the authority was granted before January 1, 2012.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 633.05. (a) Nothing in Section 632, 632.5, 632.6, or 632.7 prohibits a city attorney acting under authority of Section 41803.5 of the Government Code, provided that authority is granted prior to January 1, 2012, or any person acting pursuant to the direction of one of those city attorneys acting within the scope of his or her authority, from overhearing or recording any communication that they could lawfully overhear or record. (b) Nothing in Section 632, 632.5, 632.6, or 632.7 renders inadmissible any evidence obtained by the above-named persons by means of overhearing or recording any communication that they could lawfully overhear or record. (Added by Stats. 2011, Ch. 659, Sec. 1. (AB 1010) Effective January 1, 2012.)
  29. 633.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

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    Airport law enforcement officers meeting the section’s conditions may record certain incoming calls without violating specified wiretap/privacy sections.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 633.1. (a) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 prohibits any person regularly employed as an airport law enforcement officer, as described in subdivision (d) of Section 830.33, acting within the scope of his or her authority, from recording any communication which is received on an incoming telephone line, for which the person initiating the call utilized a telephone number known to the public to be a means of contacting airport law enforcement officers. In order for a telephone call to be recorded under this subdivision, a series of electronic tones shall be used, placing the caller on notice that his or her telephone call is being recorded. (b) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 renders inadmissible any evidence obtained by an officer described in subdivision (a) if the evidence was received by means of recording any communication which is received on an incoming public telephone line, for which the person initiating the call utilized a telephone number known to the public to be a means of contacting airport law enforcement officers. (c) This section shall only apply to airport law enforcement officers who are employed at an airport which maintains regularly scheduled international airport service and which maintains permanent facilities of the United States Customs Service. (Amended by Stats. 1995, Ch. 62, Sec. 1. Effective January 1, 1996.)
  30. 633.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

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    A party to a confidential communication may record it to obtain evidence about certain serious crimes, and that evidence is not made inadmissible by the cited sections.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 633.5. Sections 631, 632, 632.5, 632.6, and 632.7 do not prohibit one party to a confidential communication from recording the communication for the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of the crime of extortion, kidnapping, bribery, any felony involving violence against the person, including, but not limited to, human trafficking, as defined in Section 236.1, or a violation of Section 653m, or domestic violence as defined in Section 13700. Sections 631, 632, 632.5, 632.6, and 632.7 do not render any evidence so obtained inadmissible in a prosecution for extortion, kidnapping, bribery, any felony involving violence against the person, including, but not limited to, human trafficking, as defined in Section 236.1, a violation of Section 653m, or domestic violence as defined in Section 13700, or any crime in connection therewith. (Amended by Stats. 2017, Ch. 191, Sec. 1. (AB 413) Effective January 1, 2018.)
  31. 633.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

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    This section lets a domestic violence victim record certain communications in limited circumstances and lets a judge add that permission to a restraining order; it also requires the Judicial Council to update its forms.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 633.6. (a) Notwithstanding the provisions of this chapter, and in accordance with federal law, upon the request of a victim of domestic violence who is seeking a domestic violence restraining order, a judge issuing the order may include a provision in the order that permits the victim to record any prohibited communication made to him or her by the perpetrator. (b) Notwithstanding the provisions of this chapter, and in accordance with federal law, a victim of domestic violence who is seeking a domestic violence restraining order from a court, and who reasonably believes that a confidential communication made to him or her by the perpetrator may contain evidence germane to that restraining order, may record that communication for the exclusive purpose and use of providing that evidence to the court. (c) The Judicial Council shall amend its domestic violence prevention application and order forms to incorporate the provisions of this section. (Amended by Stats. 2017, Ch. 191, Sec. 2. (AB 413) Effective January 1, 2018.)
  32. 633.8.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

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    This section lets a specially designated peace officer use or authorize audio-recording/eavesdropping devices in a hostage or barricade emergency if specific emergency findings are made.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 633.8. (a) It is the intent of the Legislature in enacting this section to provide law enforcement with the ability to use electronic amplifying or recording devices to eavesdrop on and record the otherwise confidential oral communications of individuals within a location when responding to an emergency situation that involves the taking of a hostage or the barricading of a location. It is the intent of the Legislature that eavesdropping on oral communications pursuant to this section comply with paragraph (7) of Section 2518 of Title 18 of the United States Code. (b) Notwithstanding the provisions of this chapter, and in accordance with federal law, a designated peace officer described in subdivision (c) may use, or authorize the use of, an electronic amplifying or recording device to eavesdrop on or record, or both, any oral communication within a particular location in response to an emergency situation involving the taking of a hostage or hostages or the barricading of a location if all of the following conditions are satisfied: (1) The officer reasonably determines that an emergency situation exists involving the immediate danger of death or serious physical injury to any person, within the meaning of Section 2518(7)(a)(i) of Title 18 of the United States Code. (2) The officer reasonably determines that the emergency situation requires that the eavesdropping on oral communication occur immediately. (3) There are grounds upon which an order could be obtained pursuant to Section 2516(2) of Title 18 of the United States Code in regard to the offenses enumerated therein. (c) Only a peace officer who has been designated by either a district attorney in the county where the emergency exists, or by the Attorney General to make the necessary determinations pursuant to paragraphs (1), (2), and (3) of subdivision (b) may make those determinations for purposes of this section. (d) If the determination is made by a designated peace officer described in subdivision (c) that an emergency situation exists, a peace officer shall not be required to knock and announce his or her presence before entering, installing, and using any electronic amplifying or recording devices. (e) If the determination is made by a designated peace officer described in subdivision (c) that an emergency situation exists and an eavesdropping device has been deployed, an application for an order approving the eavesdropping shall be made within 48 hours of the beginning of the eavesdropping and shall comply with the requirements of Section 629.50. A court may grant an application authorizing the use of electronic amplifying or recording devices to eavesdrop on and record otherwise confidential oral communications in barricade or hostage situations where there is probable cause to believe that an individual is committing, has committed, or is about to commit an offense listed in Section 2516(2) of Title 18 of the United States Code. (f) The contents of any oral communications overheard pursuant to this section shall be recorded on tape or other comparable device. The recording of the contents shall be done so as to protect the recording from editing or other alterations. (g) For purposes of this section, a “barricading” occurs when a person refuses to come out from a covered or enclosed position. Barricading also occurs when a person is held against his or her will and the captor has not made a demand. (h) For purposes of this section, a “hostage situation” occurs when a person is held against his or her will and the captor has made a demand. (i) A judge shall not grant an application made pursuant to this section in anticipation that an emergency situation will arise. A judge shall grant an application authorizing the use of electronic amplifying or recording devices to eavesdrop on and record otherwise confidential oral communications in barricade or hostage situations where there is probable cause to believe that an individual is committing, has committed, or is about to commit an offense listed in Section 2516(2) of Title 18 of the United States Code, and only if the peace officer has fully complied with the requirements of this section. If an application is granted pursuant to this section, an inventory shall be served pursuant to Section 629.68. (j) This section does not require that a peace officer designated pursuant to subdivision (c) undergo training pursuant to Section 629.94. (k) A peace officer who has been designated pursuant to subdivision (c) to use an eavesdropping device shall cease use of the device upon the termination of the barricade or hostage situation, or upon the denial by a judge of an application for an order to approve the eavesdropping, whichever is earlier. (l) Nothing in this section shall be deemed to affect the admissibility or inadmissibility of evidence. (Amended by Stats. 2011, Ch. 304, Sec. 6. (SB 428) Effective January 1, 2012.)
  33. 634.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

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    A person who trespasses on property to commit or try to commit certain privacy offenses can be punished by a fine, jail, prison, or both; repeat violations carry a higher maximum fine.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 634. Any person who trespasses on property for the purpose of committing any act, or attempting to commit any act, in violation of Section 631, 632, 632.5, 632.6, 632.7, or 636 shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in the county jail not exceeding one year or in the state prison, or by both that fine and imprisonment. If the person has previously been convicted of a violation of this section or Section 631, 632, 632.5, 632.6, 632.7, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail not exceeding one year or in the state prison, or by both that fine and imprisonment. (Amended by Stats. 1992, Ch. 298, Sec. 10. Effective January 1, 1993.)
  34. 635.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

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    This section bans making, selling, possessing, transporting, importing, or supplying devices meant for eavesdropping or unauthorized interception of certain communications, with listed exceptions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 635. (a) Every person who manufactures, assembles, sells, offers for sale, advertises for sale, possesses, transports, imports, or furnishes to another any device which is primarily or exclusively designed or intended for eavesdropping upon the communication of another, or any device which is primarily or exclusively designed or intended for the unauthorized interception or reception of communications between cellular radio telephones or between a cellular radio telephone and a landline telephone in violation of Section 632.5, or communications between cordless telephones or between a cordless telephone and a landline telephone in violation of Section 632.6, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has previously been convicted of a violation of this section, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. (b) This section does not apply to either of the following: (1) An act otherwise prohibited by this section when performed by any of the following: (A) A communication utility or an officer, employee or agent thereof for the purpose of construction, maintenance, conduct, or operation of, or otherwise incident to the use of, the services or facilities of the utility. (B) A state, county, or municipal law enforcement agency or an agency of the federal government. (C) A person engaged in selling devices specified in subdivision (a) for use by, or resale to, agencies of a foreign government under terms approved by the federal government, communication utilities, state, county, or municipal law enforcement agencies, or agencies of the federal government. (2) Possession by a subscriber to communication utility service of a device specified in subdivision (a) furnished by the utility pursuant to its tariffs. (Amended by Stats. 1990, Ch. 696, Sec. 8.)
  35. 6350.

    ## 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 10.5. Prison Visitor Services [6350 - 6356] ( Heading of Chapter 10.5 renumbered from Chapter 11 (as added by Stats. 1982, Ch. 17) by Stats. 1987, Ch. 56, Sec. 137. )

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    The Legislature states that prison visitor services and inmate family/community contact can help reduce recidivism and discourage violent prisoner activity.

    ## 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 10.5. Prison Visitor Services [6350 - 6356] ( Heading of Chapter 10.5 renumbered from Chapter 11 (as added by Stats. 1982, Ch. 17) by Stats. 1987, Ch. 56, Sec. 137. ) ## 6350. The Legislature finds and declares the following: (a) Maintaining an inmate’s family and community relationships is an effective correctional technique which reduces recidivism. (b) Enhancing visitor services increases the frequency and quality of visits, thereby discouraging violent prisoner activity. (c) The location of prisons and lack of services to assist visitors impedes visiting. (Added by Stats. 1982, Ch. 17, Sec. 1.)
  36. 6351.

    ## 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 10.5. Prison Visitor Services [6350 - 6356] ( Heading of Chapter 10.5 renumbered from Chapter 11 (as added by Stats. 1982, Ch. 17) by Stats. 1987, Ch. 56, Sec. 137. )

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    The Department of Corrections must contract with private nonprofit agency or agencies to establish and operate a visitor center outside each California state adult prison with more than 300 inmates.

    ## 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 10.5. Prison Visitor Services [6350 - 6356] ( Heading of Chapter 10.5 renumbered from Chapter 11 (as added by Stats. 1982, Ch. 17) by Stats. 1987, Ch. 56, Sec. 137. ) ## 6351. The Department of Corrections shall contract with a private nonprofit agency or agencies to establish and operate a visitor center outside each state adult prison in California which has a population of more than 300 inmates. (Added by Stats. 1982, Ch. 17, Sec. 1.)
  37. 6352.

    ## 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 10.5. Prison Visitor Services [6350 - 6356] ( Heading of Chapter 10.5 renumbered from Chapter 11 (as added by Stats. 1982, Ch. 17) by Stats. 1987, Ch. 56, Sec. 137. )

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    Each visitor center must provide a minimum set of services to prison visitors and maintain working relations with the local community and institution.

    ## 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 10.5. Prison Visitor Services [6350 - 6356] ( Heading of Chapter 10.5 renumbered from Chapter 11 (as added by Stats. 1982, Ch. 17) by Stats. 1987, Ch. 56, Sec. 137. ) ## 6352. Each visitor center shall provide, at a minimum, each of the following services to prison visitors: (a) Assistance to visitors with transportation between public transit terminals and prisons. (b) Child care for visitors’ children. (c) Emergency clothing. (d) Information on visiting regulations and processes. (e) Referral to other agencies and services. (f) A sheltered area, which is outside of the security perimeter, for visitors who are waiting before or after visits. In addition, each center shall maintain working relations with the local community and institution. (Amended by Stats. 1988, Ch. 160, Sec. 143.)
  38. 6353.

    ## 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 10.5. Prison Visitor Services [6350 - 6356] ( Heading of Chapter 10.5 renumbered from Chapter 11 (as added by Stats. 1982, Ch. 17) by Stats. 1987, Ch. 56, Sec. 137. )

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    A contracted nonprofit agency must send the department and the Legislature an annual report.

    ## 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 10.5. Prison Visitor Services [6350 - 6356] ( Heading of Chapter 10.5 renumbered from Chapter 11 (as added by Stats. 1982, Ch. 17) by Stats. 1987, Ch. 56, Sec. 137. ) ## 6353. Each nonprofit agency which the department contracts with pursuant to Section 6351 shall submit to the department and to the Legislature an annual report which includes, but is not limited to, the following information: (a) A description of the barriers to visiting. (b) A quantitative and narrative description of the services which it rendered. (c) A description of the impact of the centers which it provided on visiting. (d) A description of areas for improvement of services or coordination with other public or private agencies. (e) A description of the community resources which it utilized. (Added by Stats. 1982, Ch. 17, Sec. 1.)
  39. 6354.

    ## 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 10.5. Prison Visitor Services [6350 - 6356] ( Heading of Chapter 10.5 renumbered from Chapter 11 (as added by Stats. 1982, Ch. 17) by Stats. 1987, Ch. 56, Sec. 137. )

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    The Department of Corrections must use specified criteria when choosing the agency or agencies it contracts with under Section 6351.

    ## 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 10.5. Prison Visitor Services [6350 - 6356] ( Heading of Chapter 10.5 renumbered from Chapter 11 (as added by Stats. 1982, Ch. 17) by Stats. 1987, Ch. 56, Sec. 137. ) ## 6354. The Department of Corrections shall employ all the following criteria in selecting the agency or agencies with which it contracts pursuant to Section 6351: (a) The number and quality of services proposed in comparison to direct program costs. (b) Prior experience in establishing and operating prison visitor service centers in California. (c) Prior experience in working cooperatively with the department, other correctional agencies, community programs, inmates, visitors, and the general public. (d) The ability to use volunteers and other community resources to maximize the cost effectiveness of this program. (e) The identified needs of visitors. (Added by Stats. 1982, Ch. 17, Sec. 1.)
  40. 6355.

    ## 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 10.5. Prison Visitor Services [6350 - 6356] ( Heading of Chapter 10.5 renumbered from Chapter 11 (as added by Stats. 1982, Ch. 17) by Stats. 1987, Ch. 56, Sec. 137. )

    Verify source ↗

    This section says the department is not limited from developing additional programs or making reasonable efforts to promote visits to prisoners.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 10.5. Prison Visitor Services [6350 - 6356] ( Heading of Chapter 10.5 renumbered from Chapter 11 (as added by Stats. 1982, Ch. 17) by Stats. 1987, Ch. 56, Sec. 137. ) ## 6355. Nothing in this chapter is intended to limit the department in developing additional programs or making all reasonable efforts to promote visits to prisoners. (Added by Stats. 1982, Ch. 17, Sec. 1.)
  41. 6356.

    ## 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 10.5. Prison Visitor Services [6350 - 6356] ( Heading of Chapter 10.5 renumbered from Chapter 11 (as added by Stats. 1982, Ch. 17) by Stats. 1987, Ch. 56, Sec. 137. )

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    The department must cooperate with the Department of Transportation to develop public transportation services to prisons.

    ## 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 10.5. Prison Visitor Services [6350 - 6356] ( Heading of Chapter 10.5 renumbered from Chapter 11 (as added by Stats. 1982, Ch. 17) by Stats. 1987, Ch. 56, Sec. 137. ) ## 6356. The department shall cooperate with the Department of Transportation in the development of public transportation services to prisons, pursuant to Section 14035.9 of the Government Code and Section 99317.9 of the Public Utilities Code. (Added by Stats. 1987, Ch. 603, Sec. 2.)
  42. 636.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

    Verify source ↗

    This section prohibits certain unauthorized eavesdropping on or recording of protected conversations, and sets penalties for violations.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 636. (a) Every person who, without permission from all parties to the conversation, eavesdrops on or records, by means of an electronic device, a conversation, or any portion thereof, between a person who is in the physical custody of a law enforcement officer or other public officer, or who is on the property of a law enforcement agency or other public agency, and that person’s attorney, religious adviser, or licensed physician, is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170. (b) Every person who, intentionally and without permission from all parties to the conversation, nonelectronically eavesdrops upon a conversation, or any portion thereof, that occurs between a person who is in the physical custody of a law enforcement officer or other public officer and that person’s attorney, religious adviser, or licensed physician, is guilty of a public offense. This subdivision applies to conversations that occur in a place, and under circumstances, where there exists a reasonable expectation of privacy, including a custody holding area, holding area, or anteroom. This subdivision does not apply to conversations that are inadvertently overheard or that take place in a courtroom or other room used for adjudicatory proceedings. A person who is convicted of violating this subdivision shall be punished by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail for a term not to exceed one year, or by a fine not to exceed two thousand five hundred dollars ($2,500), or by both that fine and imprisonment. (c) This section shall not apply to any employee of a public utility engaged in the business of providing service and facilities for telephone or telegraph communications while engaged in the construction, maintenance, conduct, or operation of the service or facilities of that public utility who listens in to conversations for the limited purpose of testing or servicing equipment. (Amended by Stats. 2011, Ch. 15, Sec. 429. (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.)
  43. 636.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

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    It is a misdemeanor for a person not authorized by the sender to intercept certain public safety radio communications for criminal or evasion purposes, or to disclose them to a suspect to help that suspect evade enforcement.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 636.5. Any person not authorized by the sender, who intercepts any public safety radio service communication, by use of a scanner or any other means, for the purpose of using that communication to assist in the commission of a criminal offense or to avoid or escape arrest, trial, conviction, or punishment or who divulges to any person he or she knows to be a suspect in the commission of any criminal offense, the existence, contents, substance, purport, effect or meaning of that communication concerning the offense with the intent that the suspect may avoid or escape from arrest, trial, conviction, or punishment is guilty of a misdemeanor. Nothing in this section shall preclude prosecution of any person under Section 31 or 32. As used in this section, “public safety radio service communication” means a communication authorized by the Federal Communications Commission to be transmitted by a station in the public safety radio service. (Amended by Stats. 1999, Ch. 853, Sec. 13. Effective January 1, 2000.)
  44. 636.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

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    This section makes it an offence to make, import, sell, buy, market, or operate a signal jammer unless authorized by the FCC, and it adds higher penalties for repeat or more dangerous uses.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 636.6. (a) (1) A person who manufactures, imports, markets, purchases, sells, or operates a signal jammer, unless authorized to do so by the Federal Communications Commission, is guilty of an infraction, punishable by a fine not to exceed five hundred dollars ($500) for a first offense. (2) A second or subsequent violation of paragraph (1) is a misdemeanor, punishable by imprisonment in a county jail not exceeding year, by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. (b) A person who operates a signal jammer in conjunction with the commission of a misdemeanor or felony is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding one year, or by a fine not to exceed one thousand dollars ($1,000), or by both that fine and imprisonment. (c) A person who willfully or maliciously uses a signal jammer to block state or local public safety communications, and who knows or should know that using the signal jammer is likely to result in death or great bodily injury and great bodily injury or death is sustained by any person as a result of that use, is guilty of a crime, punishable by imprisonment in a county jail not exceeding one year or pursuant to subdivision (h) of Section 1170. (d) A conviction under this section requires forfeiture of the signal jamming device. (e) This section does not apply to the authorized and lawful use of signal jammers by local or state law enforcement. (f) For the purposes of this section, the following terms have the following meanings: (1) “Signal jammer” means a device that intentionally blocks, jams, or interferes with authorized radio or wireless communications. (2) “Public safety communications” means the systems, technologies, and methods used by emergency response agencies, including law enforcement, firefighters, and EMS, to communicate with each other. (Added by Stats. 2025, Ch. 458, Sec. 1. (SB 701) Effective January 1, 2026.)
  45. 637.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

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    A person who is not part of a telegraphic or telephonic communication must not willfully disclose its contents without permission, unless a court orders it.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 637. Every person not a party to a telegraphic or telephonic communication who willfully discloses the contents of a telegraphic or telephonic message, or any part thereof, addressed to another person, without the permission of that person, unless directed so to do by the lawful order of a court, is punishable by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 430. (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.)
  46. 637.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

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    People not connected with a telegraph or telephone office must not open sealed envelopes containing telegraphic or telephonic messages addressed to someone else, or falsely pose as another person to get the message delivered to themselves.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 637.1. Every person not connected with any telegraph or telephone office who, without the authority or consent of the person to whom the same may be directed, willfully opens any sealed envelope enclosing a telegraphic or telephonic message, addressed to another person, with the purpose of learning the contents of such message, or who fraudulently represents another person and thereby procures to be delivered to himself any telegraphic or telephonic message addressed to such other person, with the intent to use, destroy, or detain the same from the person entitled to receive such message, is punishable as provided in Section 637. (Added by Stats. 1967, Ch. 1509.)
  47. 637.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

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    People injured by a violation of this chapter may sue for damages, and any person may seek an injunction to stop violations.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 637.2. (a) Any person who has been injured by a violation of this chapter may bring an action against the person who committed the violation for the greater of the following amounts: (1) Five thousand dollars ($5,000) per violation. (2) Three times the amount of actual damages, if any, sustained by the plaintiff. (b) Any person may, in accordance with 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 chapter, and may in the same action seek damages as provided by subdivision (a). (c) It is not a necessary prerequisite to an action pursuant to this section that the plaintiff has suffered, or be threatened with, actual damages. (d) This section shall not be construed to affect Title 4 (commencing with Section 3425.1) of Part 1 of Division 4 of the Civil Code. (Amended by Stats. 2016, Ch. 855, Sec. 4. (AB 1671) Effective January 1, 2017.)
  48. 637.3.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

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    This section generally forbids using voice-print or voice-stress systems to test whether someone’s statements are true unless that person gives advance express written consent.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 637.3. (a) No person or entity in this state shall use any system which examines or records in any manner voice prints or other voice stress patterns of another person to determine the truth or falsity of statements made by such other person without his or her express written consent given in advance of the examination or recordation. (b) This section shall not apply to any peace officer, as defined in Section 830, while he is carrying out his official duties. (c) Any person who has been injured by a violator of this section may bring an action against the violator for his actual damages or one thousand dollars ($1,000), whichever is greater. (Added by Stats. 1978, Ch. 1251.)
  49. 637.4.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

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    Certain state or local crime-investigation or prosecution agencies, and their employees, must not require or ask a complaining witness to take a polygraph before an accusatory pleading is filed in specified sex-offense cases.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 637.4. (a) No state or local governmental agency involved in the investigation or prosecution of crimes, or any employee thereof, shall require or request any complaining witness, in a case involving the use of force, violence, duress, menace, or threat of great bodily harm in the commission of any sex offense, to submit to a polygraph examination as a prerequisite to filing an accusatory pleading. (b) Any person who has been injured by a violator of this section may bring an action against the violator for his actual damages or one thousand dollars ($1,000), whichever is greater. (Added by Stats. 1980, Ch. 880, Sec. 1.)
  50. 637.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

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    Satellite or cable television businesses must protect subscriber privacy, limit disclosure and use of subscriber information, give required notices, and allow subscriber access and correction rights.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 637.5. (a) No person who owns, controls, operates, or manages a satellite or cable television corporation, or who leases channels on a satellite or cable system shall: (1) Use any electronic device to record, transmit, or observe any events or listen to, record, or monitor any conversations that take place inside a subscriber’s residence, workplace, or place of business, without obtaining the express written consent of the subscriber. A satellite or cable television corporation may conduct electronic sweeps of subscriber households to monitor for signal quality. (2) Provide any person with any individually identifiable information regarding any of its subscribers, including, but not limited to, the subscriber’s television viewing habits, shopping choices, interests, opinions, energy uses, medical information, banking data or information, or any other personal or private information, without the subscriber’s express written consent. (b) Individual subscriber viewing responses or other individually identifiable information derived from subscribers may be retained and used by a satellite or cable television corporation only to the extent reasonably necessary for billing purposes and internal business practices, and to monitor for unauthorized reception of services. A satellite or cable television corporation may compile, maintain, and distribute a list containing the names and addresses of its subscribers if the list contains no other individually identifiable information and if subscribers are afforded the right to elect not to be included on the list. However, a satellite or cable television corporation shall maintain adequate safeguards to ensure the physical security and confidentiality of the subscriber information. (c) (1) A satellite or cable television corporation shall not make individual subscriber information available to government agencies in the absence of legal compulsion, including, but not limited to, a court order or subpoena. If requests for information are made, a satellite or cable television corporation shall promptly notify the subscriber of the nature of the request and what government agency has requested the information prior to responding unless otherwise prohibited from doing so by law. (2) Nothing in this section shall be construed to prevent local franchising authorities from obtaining information necessary to monitor franchise compliance pursuant to franchise or license agreements. This information shall be provided so as to omit individually identifiable subscriber information whenever possible. Information obtained by local franchising authorities shall be used solely for monitoring franchise compliance and shall not be subject to the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (d) Any individually identifiable subscriber information gathered by a satellite or cable television corporation shall be made available for subscriber examination within 30 days of receiving a request by a subscriber to examine the information on the premises of the corporation. Upon a reasonable showing by the subscriber that the information is inaccurate, a satellite or cable television corporation shall correct the information. (e) Upon a subscriber’s application for satellite or cable television service, including, but not limited to, interactive service, a satellite or cable television corporation shall provide the applicant with a separate notice in an appropriate form explaining the subscriber’s right to privacy protection afforded by this section. (f) As used in this section: (1) “Cable television corporation” shall have the same meaning as that term is given by Section 216.4 of the Public Utilities Code. (2) “Individually identifiable information” means any information identifying an individual or the individual’s use of any service provided by a satellite or cable system other than the mere fact that the individual is a satellite or cable television subscriber. “Individually identifiable information” shall not include anonymous, aggregate, or any other information that does not identify an individual subscriber of a video provider service. (3) “Person” includes an individual, business association, partnership, corporation, limited liability company, or other legal entity, and an individual acting or purporting to act for or on behalf of any government, or subdivision thereof, whether federal, state, or local. (4) “Interactive service” means any service offered by a satellite or cable television corporation involving the collection, reception, aggregation, storage, or use of electronic information transmitted from a subscriber to any other receiving point under the control of the satellite or cable television corporation, or vice versa. (g) Nothing in this section shall be construed to limit the ability of a satellite or cable television corporation to market satellite or cable television or ancillary services to its subscribers. (h) Any person receiving subscriber information from a satellite or cable television corporation shall be subject to the provisions of this section. (i) Any aggrieved person may commence a civil action for damages for invasion of privacy against any satellite or cable television corporation, service provider, or person that leases a channel or channels on a satellite or cable television system that violates the provisions of this section. (j) Any person who violates the provisions of this section is guilty of a misdemeanor punishable by a fine not exceeding three thousand dollars ($3,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment. (k) The penalties and remedies provided by subdivisions (i) and (j) are cumulative, and shall not be construed as restricting any penalty or remedy, provisional or otherwise, provided by law for the benefit of any person, and no judgment under this section shall preclude any person from obtaining additional relief based upon the same facts. (l) The provisions of this section are intended to set forth minimum state standards for protecting the privacy of subscribers to cable television services and are not intended to preempt more restrictive local standards. (Amended by Stats. 2021, Ch. 615, Sec. 336. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)
  51. 637.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

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    Businesses that access personal information for carpooling or ridesharing programs must not disclose or reuse it for another purpose without the individual’s prior written consent.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 637.6. (a) No person who, in the course of business, acquires or has access to personal information concerning an individual, including, but not limited to, the individual’s residence address, employment address, or hours of employment, for the purpose of assisting private entities in the establishment or implementation of carpooling or ridesharing programs, shall disclose that information to any other person or use that information for any other purpose without the prior written consent of the individual. (b) As used in this section, “carpooling or ridesharing programs” include, but shall not be limited to, the formation of carpools, vanpools, buspools, the provision of transit routes, rideshare research, and the development of other demand management strategies such as variable working hours and telecommuting. (c) Any person who violates this section is guilty of a misdemeanor, punishable by imprisonment in the county jail for not exceeding one year, or by a fine of not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (Added by Stats. 1990, Ch. 304, Sec. 1.)
  52. 637.7.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

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    No person or entity in this state may use an electronic tracking device to determine a person’s location or movement, unless the vehicle owner/lessee has consented or the use is lawful for a law enforcement agency.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 637.7. (a) No person or entity in this state shall use an electronic tracking device to determine the location or movement of a person. (b) This section shall not apply when the registered owner, lessor, or lessee of a vehicle has consented to the use of the electronic tracking device with respect to that vehicle. (c) This section shall not apply to the lawful use of an electronic tracking device by a law enforcement agency. (d) As used in this section, “electronic tracking device” means any device attached to a vehicle or other movable thing that reveals its location or movement by the transmission of electronic signals. (e) A violation of this section is a misdemeanor. (f) A violation of this section by a person, business, firm, company, association, partnership, or corporation licensed under Division 3 (commencing with Section 5000) of the Business and Professions Code shall constitute grounds for revocation of the license issued to that person, business, firm, company, association, partnership, or corporation, pursuant to the provisions that provide for the revocation of the license as set forth in Division 3 (commencing with Section 5000) of the Business and Professions Code. (Added by Stats. 1998, Ch. 449, Sec. 2. Effective January 1, 1999.)
  53. 637.9.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

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    This section makes certain business conduct involving mailing lists and children’s personal information a misdemeanor, and it requires list brokers and child-directed mail marketers to follow parent request procedures and stop certain mailings.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 637.9. (a) Any person who, in the course of business, provides mailing lists, computerized or telephone-based reference services, or similar products or services utilizing lists, as defined, knowingly does any of the following is guilty of a misdemeanor: (1) Fails, prior to selling or distributing a list to a first-time buyer, to obtain the buyer’s name, address, telephone number, tax identification number if the buyer is a forprofit entity, a sample of the type of material to be distributed using the list, or to make a good-faith effort to verify the nature and legitimacy of the business or organization to which the list is being sold or distributed. (2) Knowingly provides access to personal information about children to any person who he or she knows is registered or required to register as a sex offender. (b) Any person who uses personal information about a child that was obtained for commercial purposes to directly contact the child or the child’s parent to offer a commercial product or service to the child and who knowingly fails to comply with the parent’s request to take steps to limit access to personal information about a child only to authorized persons is guilty of a misdemeanor. (c) Any person who knowingly distributes or receives any personal information about a child with knowledge that the information will be used to abuse or physically harm the child is guilty of a misdemeanor. (d) (1) List brokers shall, upon a written request from a parent that specifically identifies the child, provide the parent with procedures that the parent must follow in order to withdraw consent to use personal information relating to his or her child. Any list broker who fails to discontinue disclosing personal information about a child within 20 days after being so requested in writing by the child’s parent, is guilty of a misdemeanor. (2) Any person who, through the mail, markets or sells products or services directed to children, shall maintain a list of all individuals, and their addresses, who have requested in writing that the person discontinue sending any marketing or sales materials to the individual or the individual’s child or children. No person who is obligated to maintain that list shall cause any marketing or sales materials, other than those that are already in the process of dissemination, to be sent to any individual’s child or children, after that individual has made that written request. Any person who is subject to the provisions of this paragraph, who fails to comply with the requirements of this paragraph or who violates the provisions of this paragraph is guilty of a misdemeanor. (e) The following shall be exempt from subdivisions (a) and (b): (1) Any federal, state, or local government agency or law enforcement agency. (2) The National Center for Missing and Exploited Children. (3) Any educational institution, consortia, organization, or professional association, which shall include, but not be limited to, the California community colleges; the California State University, and each campus, branch, and function thereof; each campus, branch, and function of the University of California; the California Maritime Academy; or any independent institution of higher education accredited by an agency recognized by the federal Department of Education. For the purposes of this paragraph, “independent institution of higher education” means any nonpublic higher education institution that grants undergraduate degrees, graduate degrees, or both undergraduate and graduate degrees, is formed as a nonprofit corporation in this state, and is accredited by an agency recognized by the federal Department of Education; or any private postsecondary vocational institution registered, approved, or exempted by the Bureau of Private Postsecondary Vocational Education. (4) Any nonprofit organization that is exempt from taxation under Section 23701d of the Revenue and Taxation Code. (f) As used in this section: (1) “Child” means a person who is under 16 years of age. (2) “Parent” shall include a legal guardian. (3) “Personal information” means any information that identifies a child and that would suffice to locate and contact the child, including, but not limited to, the name, postal or electronic mail address, telephone number, social security number, date of birth, physical description of the child, or family income. (4) “List” may include, but is not limited to, a collection of name and address records of individuals sharing a common interest, purchase history, demographic profile, membership, or affiliation. (Added by Stats. 1998, Ch. 763, Sec. 1. Effective January 1, 1999.)
  54. 638.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

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    It is unlawful to buy, sell, offer, conspire, procure, or try to obtain telephone calling pattern records or lists without subscriber consent or by fraud/deceit.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 638. (a) Any person who purchases, sells, offers to purchase or sell, or conspires to purchase or sell any telephone calling pattern record or list, without the written consent of the subscriber, or any person who procures or obtains through fraud or deceit, or attempts to procure or obtain through fraud or deceit any telephone calling pattern record or list shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both a fine and imprisonment. If the person has previously been convicted of a violation of this section, he or she is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year, or by both a fine and imprisonment. (b) Any personal information contained in a telephone calling pattern record or list that is obtained in violation of this section shall be inadmissible as evidence in any judicial, administrative, legislative, or other proceeding except when that information is offered as proof in an action or prosecution for a violation of this section, or when otherwise authorized by law, in any criminal prosecution. (c) For purposes of this section: (1) “Person” includes an individual, business association, partnership, limited partnership, corporation, limited liability company, or other legal entity. (2) “Telephone calling pattern record or list” means information retained by a telephone company that relates to the telephone number dialed by the subscriber, or other person using the subscriber’s telephone with permission, or the incoming number of a call directed to the subscriber, or other data related to such calls typically contained on a subscriber telephone bill such as the time the call started and ended, the duration of the call, any charges applied, and any information described in subdivision (a) of Section 2891 of the Public Utilities Code whether the call was made from or to a telephone connected to the public switched telephone network, a cordless telephone, as defined in Section 632.6, a telephony device operating over the Internet utilizing voice over Internet protocol, a satellite telephone, or commercially available interconnected mobile phone service that provides access to the public switched telephone network via a mobile communication device employing radiowave technology to transmit calls, including cellular radiotelephone, broadband Personal Communications Services, and digital Specialized Mobile Radio. (3) “Telephone company” means a telephone corporation as defined in Section 234 of the Public Utilities Code or any other person that provides residential or commercial telephone service to a subscriber utilizing any of the technologies or methods enumerated in paragraph (2). (4) For purposes of this section, “purchase” and “sell” shall not include information provided to a collection agency or assignee of the debt by the telephone corporation, and used exclusively for the collection of the unpaid debt assigned by the telephone corporation, provided that the collection agency or assignee of the debt shall be liable for any disclosure of the information that is in violation of this section. (d) An employer of, or entity contracting with, a person who violates subdivision (a) shall only be subject to prosecution pursuant to that provision if the employer or contracting entity knowingly allowed the employee or contractor to engage in conduct that violated subdivision (a). (e) It is the intent of the Legislature to ensure that telephone companies maintain telephone calling pattern records or lists in the strictest confidence, and protect the privacy of their subscribers with all due care. While it is not the intent of the Legislature in this act to preclude the sharing of information that is currently allowed by both state and federal laws and rules governing those records, it is the Legislature’s intent in this act to preclude any unauthorized purchase or sale of that information. (f) This section shall not be construed to prevent a law enforcement or prosecutorial agency, or any officer, employee, or agent thereof from obtaining telephone records in connection with the performance of the official duties of the agency consistent with any other applicable state and federal law. (g) Nothing in this section shall preclude prosecution under any other provision of law. (h) The Legislature hereby finds and declares that, notwithstanding the prohibition on specific means of making available or obtaining personal calling records pursuant to this section, the disclosure of personal calling records through any other means is no less harmful to the privacy and security interests of Californians. This section is not intended to limit the scope or force of Section 2891 of the Public Utilities Code in any way. (Added by Stats. 2006, Ch. 626, Sec. 1. Effective January 1, 2007.)
  55. 638.50.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

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    This section defines several privacy-related terms used in the chapter, including wire communication, electronic communication, pen register, trap and trace device, and prohibited violation.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 638.50. For purposes of this chapter, the following terms have the following meanings: (a) “Wire communication” and “electronic communication” have the meanings set forth in subdivision (a) of Section 629.51. (b) “Pen register” means a device or process that records or decodes dialing, routing, addressing, or signaling information transmitted by an instrument or facility from which a wire or electronic communication is transmitted, but not the contents of a communication. “Pen register” does not include a device or process used by a provider or customer of a wire or electronic communication service for billing, or recording as an incident to billing, for communications services provided by such provider, or a device or process used by a provider or customer of a wire communication service for cost accounting or other similar purposes in the ordinary course of its business. (c) “Trap and trace device” means a device or process that captures the incoming electronic or other impulses that identify the originating number or other dialing, routing, addressing, or signaling information reasonably likely to identify the source of a wire or electronic communication, but not the contents of a communication. (d) “Prohibited violation” has the same meaning as that term is defined in Section 629.51. (Amended by Stats. 2022, Ch. 627, Sec. 4. (AB 1242) Effective September 27, 2022.)
  56. 638.51.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

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    A person generally may not install or use a pen register or trap and trace device without a court order, except as allowed in subdivision (b).

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 638.51. (a) Except as provided in subdivision (b), a person may not install or use a pen register or a trap and trace device without first obtaining a court order pursuant to Section 638.52 or 638.53. (b) A provider of electronic or wire communication service may use a pen register or a trap and trace device for any of the following purposes: (1) To operate, maintain, and test a wire or electronic communication service. (2) To protect the rights or property of the provider. (3) To protect users of the service from abuse of service or unlawful use of service. (4) To record the fact that a wire or electronic communication was initiated or completed to protect the provider, another provider furnishing service toward the completion of the wire communication, or a user of that service, from fraudulent, unlawful, or abusive use of service. (5) If the consent of the user of that service has been obtained. (c) A violation of this section is punishable 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 imprisonment pursuant to subdivision (h) of Section 1170, or by both that fine and imprisonment. (d) A good faith reliance on an order issued pursuant to Section 638.52, or an authorization made pursuant to Section 638.53, is a complete defense to a civil or criminal action brought under this section or under this chapter. (Added by Stats. 2015, Ch. 204, Sec. 2. (AB 929) Effective January 1, 2016.)
  57. 638.52.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

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    This section lets a peace officer ask a magistrate for a pen register or trap-and-trace order, and requires court findings before the order can issue.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 638.52. (a) A peace officer may make an application to a magistrate for an order or an extension of an order authorizing or approving the installation and use of a pen register or a trap and trace device. The application shall be in writing under oath or equivalent affirmation, and shall include the identity of the peace officer making the application and the identity of the law enforcement agency conducting the investigation. The applicant shall certify that the information likely to be obtained is relevant to an ongoing criminal investigation and shall include a statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates. (b) The magistrate shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device if the magistrate finds that the information likely to be obtained by the installation and use of a pen register or a trap and trace device is relevant to an ongoing investigation and that there is probable cause to believe that the pen register or trap and trace device will lead to any of the following: (1) Recovery of stolen or embezzled property. (2) Property or things used as the means of committing a felony. (3) Property or things in the possession of a person with the intent to use them as a means of committing a public offense, or in the possession of another to whom they may have delivered them for the purpose of concealing them or preventing them from being discovered. (4) Evidence that tends to show a felony has been committed, or tends to show that a particular person has committed or is committing a felony. (5) Evidence that tends to show that sexual exploitation of a child, in violation of Section 311.3, or possession of matter depicting sexual conduct of a person under 18 years of age, in violation of Section 311.11, has occurred or is occurring. (6) The location of a person who is unlawfully restrained or reasonably believed to be a witness in a criminal investigation or for whose arrest there is probable cause. (7) Evidence that tends to show a violation of Section 3700.5 of the Labor Code, or tends to show that a particular person has violated Section 3700.5 of the Labor Code. (8) Evidence that does any of the following: (A) Tends to show that a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code, has been committed or is being committed. (B) Tends to show that a particular person has committed or is committing a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code. (C) Will assist in locating an individual who has committed or is committing a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor violation of the Public Resources Code. (c) Information acquired solely pursuant to the authority for a pen register or a trap and trace device shall not include any information that may disclose the physical location of the subscriber, except to the extent that the location may be determined from the telephone number. Upon the request of the person seeking the pen register or trap and trace device, the magistrate may seal portions of the application pursuant to People v. Hobbs (1994) 7 Cal.4th 948, and Sections 1040, 1041, and 1042 of the Evidence Code. (d) An order issued pursuant to subdivision (b) shall specify all of the following: (1) The identity, if known, of the person to whom is leased or in whose name is listed the telephone line to which the pen register or trap and trace device is to be attached. (2) The identity, if known, of the person who is the subject of the criminal investigation. (3) The number and, if known, physical location of the telephone line to which the pen register or trap and trace device is to be attached and, in the case of a trap and trace device, the geographic limits of the trap and trace order. (4) A statement of the offense to which the information likely to be obtained by the pen register or trap and trace device relates. (5) The order shall direct, if the applicant has requested, the furnishing of information, facilities, and technical assistance necessary to accomplish the installation of the pen register or trap and trace device. (e) An order issued under this section shall authorize the installation and use of a pen register or a trap and trace device for a period not to exceed 60 days. (f) Extensions of the original order may be granted upon a new application for an order under subdivisions (a) and (b) if the officer shows that there is a continued probable cause that the information or items sought under this subdivision are likely to be obtained under the extension. The period of an extension shall not exceed 60 days. (g) An order or extension order authorizing or approving the installation and use of a pen register or a trap and trace device shall direct that the order be sealed until the order, including any extensions, expires, and that the person owning or leasing the line to which the pen register or trap and trace device is attached not disclose the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber or to any other person. (h) Upon the presentation of an order, entered under subdivisions (b) or (f), by a peace officer authorized to install and use a pen register, a provider of wire or electronic communication service, landlord, custodian, or other person shall immediately provide the peace officer all information, facilities, and technical assistance necessary to accomplish the installation of the pen register unobtrusively and with a minimum of interference with the services provided to the party with respect to whom the installation and use is to take place, if the assistance is directed by the order. (i) Upon the request of a peace officer authorized to receive the results of a trap and trace device, a provider of a wire or electronic communication service, landlord, custodian, or other person shall immediately install the device on the appropriate line and provide the peace officer all information, facilities, and technical assistance, including installation and operation of the device unobtrusively and with a minimum of interference with the services provided to the party with respect to whom the installation and use is to take place, if the installation and assistance is directed by the order. (j) A provider of a wire or electronic communication service, landlord, custodian, or other person who provides facilities or technical assistance pursuant to this section shall be reasonably compensated by the requesting peace officer’s law enforcement agency for the reasonable expenses incurred in providing the facilities and assistance. (k) Unless otherwise ordered by the magistrate, the results of the pen register or trap and trace device shall be provided to the peace officer at reasonable intervals during regular business hours for the duration of the order. (l) The magistrate, before issuing the order pursuant to subdivision (b), may examine on oath the person seeking the pen register or the trap and trace device, and any witnesses the person may produce, and shall take their affidavit or their affidavits in writing, and cause the affidavit or affidavits to be subscribed by the parties making them. (m) Notwithstanding any other provision in this section, no magistrate shall enter an ex parte order authorizing the installation and use of a pen register or a trap and trace device for the purpose of investigating or recovering evidence of a prohibited violation, as defined in Section 629.51. (Amended by Stats. 2022, Ch. 627, Sec. 5. (AB 1242) Effective September 27, 2022.)
  58. 638.53.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

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    A magistrate may orally approve installation and use of a pen register or trap and trace device in an emergency, and the peace officer must file a written application by midnight of the second full court day after installation. If no authorizing order is issued, use must stop as soon as the information is obtained, the order is denied, or that deadline arrives, whichever is earlier. Service providers, landlords, custodians, and others who assist must be reasonably compensated for their reasonable expenses.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 638.53. (a) Except as otherwise provided in this chapter, upon an oral application by a peace officer, a magistrate may grant oral approval for the installation and use of a pen register or a trap and trace device, without an order, if he or she determines all of the following: (1) There are grounds upon which an order could be issued under Section 638.52. (2) There is probable cause to believe that an emergency situation exists with respect to the investigation of a crime. (3) There is probable cause to believe that a substantial danger to life or limb exists justifying the authorization for immediate installation and use of a pen register or a trap and trace device before an order authorizing the installation and use can, with due diligence, be submitted and acted upon. (b) (1) By midnight of the second full court day after the pen register or trap and trace device is installed, a written application pursuant to Section 638.52 shall be submitted by the peace officer who made the oral application to the magistrate who orally approved the installation and use of a pen register or trap and trace device. If an order is issued pursuant to Section 638.52, the order shall also recite the time of the oral approval under subdivision (a) and shall be retroactive to the time of the original oral approval. (2) In the absence of an authorizing order pursuant to paragraph (1), the use shall immediately terminate when the information sought is obtained, when the application for the order is denied, or by midnight of the second full court day after the pen register or trap and trace device is installed, whichever is earlier. (c) A provider of a wire or electronic communication service, landlord, custodian, or other person who provides facilities or technical assistance pursuant to this section shall be reasonably compensated by the requesting peace officer’s law enforcement agency for the reasonable expenses incurred in providing the facilities and assistance. (Added by Stats. 2015, Ch. 204, Sec. 4. (AB 929) Effective January 1, 2016.)
  59. 638.54.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

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    A government entity must notify identified targets when it obtains information under the cited sections, unless this section provides otherwise.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 638.54. (a) Except as otherwise provided in this section, a government entity that obtains information pursuant to Section 638.52, or obtains information pursuant to oral authorization pursuant to Section 638.53, shall serve upon, or deliver to by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective, the identified targets of the order a notice that informs the recipient that information about the recipient has been compelled or requested and states with reasonable specificity the nature of the government investigation under which the information is sought. The notice shall include a copy of the order or a written statement setting forth facts giving rise to the emergency. The notice shall be provided no later than 30 days after the termination of the period of the order, any extensions, or an emergency request. (b) (1) Prior to the expiration of the 30-day period specified in subdivision (a), the government entity may submit a request, supported by a sworn affidavit, for an order delaying unsealing of the order and notification and prohibiting the person owning or leasing the line to which the pen register or trap and trace device is attached from disclosing the existence of the pen register or trap and trace device or the existence of the investigation to the listed subscriber or any other person. The court shall issue the order if the court determines that there is reason to believe that notification may have an adverse result, but only for the period of time that the court finds there is reason to believe that the notification may have that adverse result, and not to exceed 90 days. (2) The court may grant extensions of the delay of up to 90 days each on the same grounds as provided in paragraph (1). (3) Upon expiration of the period of delay of the notification, the government entity shall serve upon, or deliver to by registered or first-class mail, electronic mail, or other means reasonably calculated to be effective as specified by the court issuing the order authorizing delayed notification, the identified targets of the order or emergency authorization a document that includes the information described in subdivision (a) and a copy of all electronic information obtained or a summary of that information, including, at a minimum, the number and types of records disclosed, the date and time when the earliest and latest records were created, and a statement of the grounds for the court’s determination to grant a delay in notifying the individual. The notice shall be provided no later than three days after the expiration of the period of delay of the notification. (c) If there is no identified target of an order or emergency request at the time of its issuance, the government entity shall submit to the Department of Justice, no later than three days after the termination of the period of the order, any extensions, or an emergency request, all of the information required in subdivision (a). If an order delaying notice is obtained pursuant to subdivision (b), the government entity shall submit to the department, no later than three days after the expiration of the period of delay of the notification, all of the information required in paragraph (3) of subdivision (b). The department shall publish all those reports on its Internet Web site within 90 days of receipt. The department may redact names or other personal identifying information from the reports. (d) For the purposes of this section, “adverse result” has the meaning set forth in subdivision (a) of Section 1546. (Added by Stats. 2016, Ch. 511, Sec. 2. (AB 1924) Effective September 23, 2016.)
  60. 638.55.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. )

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    This section lets people seek suppression of unlawfully obtained wire or electronic information, lets the Attorney General sue to force compliance, and lets affected individuals or recipients ask a court to void, modify, or destroy covered process or information.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 1.5. Invasion of Privacy [630 - 638.55] ( Chapter 1.5 added by Stats. 1967, Ch. 1509. ) ## 638.55. (a) Any person in a trial, hearing, or proceeding may move to suppress wire or electronic information obtained or retained in violation of the Fourth Amendment to the United States Constitution or of this chapter. The motion shall be made, determined, and be subject to review in accordance with the procedures set forth in subdivisions (b) to (q), inclusive, of Section 1538.5. (b) The Attorney General may commence a civil action to compel any government entity to comply with the provisions of this chapter. (c) An individual whose information is targeted by a warrant, order, or other legal process that is not in compliance with this chapter, the California Constitution, or the United States Constitution, or a service provider or any other recipient of the warrant, order, or other legal process may petition the issuing court to void or modify the warrant, order, or process, or to order the destruction of any information obtained in violation of this chapter, the California Constitution, or the United States Constitution. (Added by Stats. 2016, Ch. 511, Sec. 3. (AB 1924) Effective September 23, 2016.)
  61. 639.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    It is a felony for a person to give, offer, or agree to give value to a financial institution’s director, officer, or employee to get a loan or extension of credit for someone.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 639. Every person who gives, offers, or agrees to give to any director, officer, or employee of a financial institution any emolument, gratuity, or reward, or any money, property, or thing of value for his own personal benefit or of personal advantage, for procuring or endeavoring to procure for any person a loan or extension of credit from such financial institution is guilty of a felony. As used in this section and Section 639a, “financial institution” means any person or persons engaged in the business of making loans or extending credit or procuring the making of loans or extension of credit, including, but not limited to, state and federal banks, savings and loan associations, trust companies, industrial loan companies, personal property brokers, consumer finance lenders, commercial finance lenders, credit unions, escrow companies, title insurance companies, insurance companies, small business investment companies, pawnbrokers, and retirement funds. As used in this section and Section 639a the word “person” includes any person, firm, partnership, association, corporation, limited liability company, company, syndicate, estate, trust, business trust, or organization of any kind. (Amended by Stats. 1994, Ch. 1010, Sec. 196. Effective January 1, 1995.)
  62. 639a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    Officers, directors, and employees of a financial institution must not take or agree to take value for themselves when helping procure a loan.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 639a. Any officer, director or employee of a financial institution who asks, receives, consents, or agrees to receive any commission, emolument, gratuity, or reward or any money, property, or thing of value for his own personal benefit or of personal advantage for procuring or endeavoring to procure for any person a loan from such financial institution is guilty of a felony. (Added by Stats. 1967, Ch. 1023.)
  63. 640.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    This section makes certain conduct on public transportation facilities or vehicles an infraction or misdemeanor and sets fines, jail, and community-service penalties.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 640. (a) (1) Any of the acts described in paragraphs (1) to (6), inclusive, of subdivision (b) is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violator’s hours of school attendance or employment. Except as provided in subdivision (g), any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c), upon a first or second violation, is an infraction punishable by a fine not to exceed two hundred fifty dollars ($250) and by community service for a total time not to exceed 48 hours over a period not to exceed 30 days, during a time other than during the violator’s hours of school attendance or employment. Except as provided in subdivision (g), a third or subsequent violation of any of the acts described in paragraphs (1) to (3), inclusive, of subdivision (c) is a misdemeanor punishable by a fine of not more than four hundred dollars ($400) or by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment. Any of the acts described in subdivision (d) shall be punishable by a fine of not more than four hundred dollars ($400), by imprisonment in a county jail for a period of not more than 90 days, or by both that fine and imprisonment. (2) This section shall apply only to acts committed on or in a facility or vehicle of a public transportation system. (b) (1) Eating or drinking in or on a system facility or vehicle in areas where those activities are prohibited by that system. (2) Playing unreasonably loud sound equipment on or in a system facility or vehicle, or failing to comply with the warning of a transit official related to disturbing another person by loud or unreasonable noise. (3) Smoking in or on a system facility or vehicle in areas where those activities are prohibited by that system. (4) Expectorating upon a system facility or vehicle. (5) Skateboarding, roller skating, bicycle riding, roller blading, or operating a motorized scooter or similar device, as defined in Section 407.5 of the Vehicle Code, in a system facility, vehicle, or parking structure. This paragraph does not apply to an activity that is necessary for utilization of the transit facility by a bicyclist, including, but not limited to, an activity that is necessary for parking a bicycle or transporting a bicycle aboard a transit vehicle, if that activity is conducted with the permission of the transit agency in a manner that does not interfere with the safety of the bicyclist or other patrons of the transit facility. (6) Selling or peddling any goods, merchandise, property, or services of any kind whatsoever on the facilities, vehicles, or property of the public transportation system if the public transportation system has prohibited those acts and neither the public transportation system nor its duly authorized representatives have granted written consent to engage in those acts. (c) (1) Evasion of the payment of a fare of the system. For purposes of this section, fare evasion includes entering an enclosed area of a public transit facility beyond posted signs prohibiting entrance without obtaining valid fare, in addition to entering a transit vehicle without valid fare. (2) Misuse of a transfer, pass, ticket, or token with the intent to evade the payment of a fare. (3) (A) Unauthorized use of a discount ticket or failure to present, upon request from a transit system representative, acceptable proof of eligibility to use a discount ticket, in accordance with Section 99155 of the Public Utilities Code and posted system identification policies when entering or exiting a transit station or vehicle. Acceptable proof of eligibility must be clearly defined in the posting. (B) If an eligible discount ticket user is not in possession of acceptable proof at the time of request, a citation issued shall be held for a period of 72 hours to allow the user to produce acceptable proof. If the proof is provided, the citation shall be voided. If the proof is not produced within that time period, the citation shall be processed. (d) (1) Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior. (2) Carrying an explosive, acid, or flammable liquid in a public transit facility or vehicle. (3) Urinating or defecating in a system facility or vehicle, except in a lavatory. However, this paragraph shall not apply to a person who cannot comply with this paragraph as a result of a disability, age, or a medical condition. (4) Willfully blocking the free movement of another person in a system facility or vehicle. This paragraph shall not be interpreted to affect any lawful activities permitted or First Amendment rights protected under the laws of this state or applicable federal law, including, but not limited to, laws related to collective bargaining, labor relations, or labor disputes. (5) Willfully tampering with, removing, displacing, injuring, or destroying any part of a facility or vehicle of a public transportation system. (e) Notwithstanding subdivision (a) or (g), a public transportation agency, as defined in paragraph (4) of subdivision (c) of Section 99580 of the Public Utilities Code, may do either of the following: (1) Enact and enforce an ordinance providing that a person who is the subject of a citation for any of the acts described in subdivision (b) of Section 99580 of the Public Utilities Code on or in a facility or vehicle described in subdivision (a) for which the public transportation agency has jurisdiction shall, under the circumstances set forth by the ordinance, be afforded an opportunity to complete an administrative process that imposes only an administrative penalty enforced in a civil proceeding. The ordinance for imposing and enforcing the administrative penalty shall be governed by Chapter 8 (commencing with Section 99580) of Part 11 of Division 10 of the Public Utilities Code. (2) Enforce as an infraction pursuant to subdivision (b) the act of failing to yield seating reserved for an elderly or disabled person in a facility or vehicle for which the public transportation agency has jurisdiction, provided that the governing board of the public transportation agency enacts an ordinance to that effect after a public hearing on the issue. (f) For purposes of this section, “facility or vehicle of a public transportation system” means any of the following: (1) A facility or vehicle of a public transportation system as defined by Section 99211 of the Public Utilities Code. (2) A facility of, or vehicle operated by, an entity subsidized by, the Department of Transportation. (3) A facility or vehicle of a rail authority, whether owned or leased, including, but not limited to, any part of a railroad, or track of a railroad, or any branch or branchway, switch, turnout, bridge, viaduct, culvert, embankment, station house, or other structure or fixture, or any part thereof, attached or connected to a railroad. (4) A leased or rented facility or vehicle for which any of the entities described in paragraph (1), (2), or (3) incurs costs of cleanup, repair, or replacement as a result of any of those acts. (g) A minor shall not be charged with an infraction or a misdemeanor for violation of paragraphs (1) to (3), inclusive, of subdivision (c). Nothing in this subdivision shall limit the ability of a public transportation agency to assess an administrative penalty as established in paragraph (1) of subdivision (e) and in Section 99580 of the Public Utilities Code, not to exceed one hundred twenty-five dollars ($125) upon a first or second violation and not to exceed two hundred dollars ($200) upon a third or subsequent violation, to permit the performance of community service in lieu of payment of the fare evasion or passenger conduct penalty pursuant to Section 99580 of the Public Utilities Code, or to allow payment of the fare evasion or passenger conduct penalty in installments or deferred payment pursuant to Section 99580 of the Public Utilities Code. (Amended by Stats. 2017, Ch. 219, Sec. 1. (SB 614) Effective January 1, 2018.)
  64. 640.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    A person may not put writing on or in products, boxes, packages, or other containers for consumer products offered for sale, unless consent is given by the listed owner, manager, designee, manufacturer, distributor, or retailer.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 640.2. (a) Any person who stamps, prints, places, or inserts any writing in or on any product or box, package, or other container containing a consumer product offered for sale is guilty of a misdemeanor. (b) This section does not apply if the owner or manager of the premises where the product is stored or sold, or his or her designee, or the product manufacturer or authorized distributor or retailer of the product consents to the placing or inserting of the writing. (c) As used in this section, “writing” means any form of representation or communication, including handbills, notices, or advertising, that contains letters, words, or pictorial representations. (Added by Stats. 1996, Ch. 140, Sec. 1. Effective July 12, 1996.)
  65. 640.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    This section makes graffiti on certain public or subsidized facilities or vehicles an infraction, with fines, community service, and possible probation conditions; repeat offenders face misdemeanor penalties and higher sanctions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 640.5. (a) (1) Any person who defaces with graffiti or other inscribed material the interior or exterior of the facilities or vehicles of a governmental entity, as defined by Section 811.2 of the Government Code, or the interior or exterior of the facilities or vehicles of a public transportation system as defined by Section 99211 of the Public Utilities Code, or the interior or exterior of the facilities of or vehicles operated by entities subsidized by the Department of Transportation or the interior or exterior of any leased or rented facilities or vehicles for which any of the above entities incur costs of less than two hundred fifty dollars ($250) for cleanup, repair, or replacement is guilty of an infraction, punishable by a fine not to exceed one thousand dollars ($1,000) and by a minimum of 48 hours of community service for a total time not to exceed 200 hours over a period not to exceed 180 days, during a time other than his or her hours of school attendance or employment. This subdivision does not preclude application of Section 594. (2) In lieu of the community service required pursuant to paragraph (1), 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 90 days. Participation of a parent or guardian is not required under this paragraph 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. (b) (1) If the person has been convicted previously of an infraction under subdivision (a) or has a prior conviction of Section 594, 594.3, 594.4, 640.6, or 640.7, the offense is 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. As a condition of probation, the court shall order the defendant to perform a minimum of 96 hours of community service not to exceed 400 hours over a period not to exceed 350 days during a time other than his or her hours of school attendance or employment. (2) In lieu of the community service required pursuant to paragraph (1), 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 180 days. Participation of a parent or guardian is not required under this paragraph 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) (1) Every person who, having been convicted previously under this section or Section 594, 594.3, 594.4, 640.6, or 640.7, or any combination of these offenses, 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 under this section, shall be punished by imprisonment in a county jail not to exceed one year, by a fine not to exceed three thousand dollars ($3,000), or by both that imprisonment and fine. As a condition of probation, the court may order the defendant to perform community service not to exceed 600 hours over a period not to exceed 480 days during a time other than his or her hours of school attendance or employment. (2) In lieu of the community service that may be ordered pursuant to paragraph (1), 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 240 days. Participation of a parent or guardian is not required under this paragraph 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. (d) (1) Upon conviction of any person under subdivision (a), the court, in addition to any punishment imposed pursuant to subdivision (a), (b), or (c), at the victim’s option, may order the defendant to perform the necessary labor to clean up, repair, or replace the property damaged by that person. (2) If a minor is personally unable to pay any fine levied for violating subdivision (a), (b), or (c), the parent or legal guardian of the minor shall be liable for payment of the fine. A court may waive payment of the fine or any part thereof by the parent or legal guardian upon a finding of good cause. (e) Any fine levied for a violation of subdivision (a), (b), or (c) shall be credited by the county treasurer pursuant to Section 1463.29 to the governmental entity having jurisdiction over, or responsibility for, the facility or vehicle involved, to be used for removal of the graffiti or other inscribed material or replacement or repair of the property defaced by the graffiti or other inscribed material. Before crediting these fines to the appropriate governmental entity, the county may determine the administrative costs it has incurred pursuant to this section, and retain an amount equal to those costs. Any community service which is required pursuant to subdivision (a), (b), or (c) of a person under the age of 18 years may be performed in the presence, and under the direct supervision, of the person’s parent or legal guardian. (f) 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. (g) The court may order any person ordered to perform community service or graffiti removal pursuant to subdivision (a), (b), (c), or (d) to undergo counseling. (Amended by Stats. 1996, Ch. 847, Sec. 1.5. Effective January 1, 1997.)
  66. 640.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    This section penalizes graffiti-related defacement of another person’s property and sets fines, jail exposure for repeat cases, and community-service orders.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 640.6. (a) (1) Except as provided in Section 640.5, any person who defaces with graffiti or other inscribed material any real or personal property not his or her own, when the amount of the defacement, damage, or destruction is less than two hundred fifty dollars ($250), is guilty of an infraction, punishable by a fine not to exceed one thousand dollars ($1,000). This subdivision does not preclude application of Section 594. In addition to the penalty set forth in this section, the court shall order the defendant to perform a minimum of 48 hours of community service not to exceed 200 hours over a period not to exceed 180 days during a time other than his or her hours of school attendance or employment. (2) In lieu of the community service required pursuant to paragraph (1), 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 90 days. Participation of a parent or guardian is not required under this paragraph 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. (b) (1) If the person has been convicted previously of an infraction under subdivision (a) or has a prior conviction of Section 594, 594.3, 594.4, 640.5, or 640.7, the offense is a misdemeanor, punishable by not to exceed six months in a county jail, by a fine not to exceed two thousand dollars ($2,000), or by both that imprisonment and fine. As a condition of probation, the court shall order the defendant to perform a minimum of 96 hours of community service not to exceed 400 hours over a period not to exceed 350 days during a time other than his or her hours of school attendance or employment. (2) In lieu of the community service required pursuant to paragraph (1), 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 180 days. Participation of a parent or guardian is not required under this paragraph 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) (1) Every person who, having been convicted previously under this section or Section 594, 594.3, 594.4, 640.5, or 640.7, or any combination of these offenses, 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 under this section, shall be punished by imprisonment in a county jail not to exceed one year, by a fine not to exceed three thousand dollars ($3,000), or by both that imprisonment and fine. As a condition of probation, the court may order the defendant to perform community service not to exceed 600 hours over a period not to exceed 480 days during a time other than his or her hours of school attendance or employment. (2) In lieu of the community service that may be ordered pursuant to paragraph (1), 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 240 days. Participation of a parent or guardian is not required under this paragraph 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. (d) Upon conviction of any person under subdivision (a), the court, in addition to any punishment imposed pursuant to subdivision (a), (b), or (c), at the victim’s option, may order the defendant to perform the necessary labor to clean up, repair, or replace the property damaged by that person. (e) If a minor is personally unable to pay any fine levied for violating subdivision (a), (b), or (c), the parent or legal guardian of the minor shall be liable for payment of the fine. A court may waive payment of the fine or any part thereof by the parent or legal guardian upon a finding of good cause. Any community service which is required pursuant to subdivision (a), (b), or (c) of a person under the age of 18 years may be performed in the presence, and under the direct supervision, of the person’s parent or legal guardian. (f) 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. (g) The court may order any person ordered to perform community service or graffiti removal pursuant to subdivision (a), (b), (c), or (d) to undergo counseling. (Amended by Stats. 1996, Ch. 847, Sec. 2.5. Effective January 1, 1997.)
  67. 640.7.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    A person who violates certain sections on or within 100 feet of a highway or its appurtenances commits a misdemeanor and can be fined or jailed, with higher jail exposure for a second conviction.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 640.7. Any person who violates Section 594, 640.5, or 640.6 on or within 100 feet of a highway, or its appurtenances, including, but not limited to, guardrails, signs, traffic signals, snow poles, and similar facilities, excluding signs naming streets, is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. A second conviction is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (Amended by Stats. 1998, Ch. 853, Sec. 3. Effective January 1, 1999.)
  68. 640.8.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    A person who violates Section 594, 640.5, or 640.6 on a freeway or its appurtenances commits a misdemeanor and may be punished by jail, a fine, or both.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 640.8. Any person who violates Section 594, 640.5, or 640.6, on a freeway, or its appurtenances, including sound walls, overpasses, overpass supports, guardrails, signs, signals, and other traffic control devices, is guilty of a misdemeanor, punishable by imprisonment in a county jail not to exceed one year, by a fine not to exceed five thousand dollars ($5,000), or by both that imprisonment and fine. As a condition of probation, the court may order the defendant to perform community service not to exceed 480 hours over a period not to exceed 420 days during a time other than his or her hours of school attendance or employment. (Added by Stats. 1996, Ch. 847, Sec. 3. Effective January 1, 1997.)
  69. 6400.

    ## 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 10.7. Prison Visitation [6400 - 6405] ( Chapter 10.7 added by Stats. 2002, Ch. 238, Sec. 1. )

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    Regulations affecting inmate visitation must recognize visiting’s value for prison safety, family/community connections, and rehabilitation.

    ## Penal Code - PEN ## PART 3. OF IMPRISONMENT AND THE DEATH PENALTY [2000 - 10008] ( Part 3 repealed and added by Stats. 1941, Ch. 106. ) ## TITLE 7. ADMINISTRATION OF THE STATE CORRECTIONAL SYSTEM [5000 - 7468] ( Title 7 added by Stats. 1944, 3rd Ex. Sess., Ch. 2. ) ## CHAPTER 10.7. Prison Visitation [6400 - 6405] ( Chapter 10.7 added by Stats. 2002, Ch. 238, Sec. 1. ) ## 6400. Any amendments to existing regulations and any future regulations adopted by the Department of Corrections which may impact the visitation of inmates shall do all of the following: (a) Recognize and consider the value of visiting as a means to improve the safety of prisons for both staff and inmates. (b) Recognize and consider the important role of inmate visitation in establishing and maintaining a meaningful connection with family and community. (c) Recognize and consider the important role of inmate visitation in preparing an inmate for successful release and rehabilitation. (Added by Stats. 2002, Ch. 238, Sec. 1. Effective January 1, 2003.)
  70. 6401.

    ## 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 10.7. Prison Visitation [6400 - 6405] ( Chapter 10.7 added by Stats. 2002, Ch. 238, Sec. 1. )

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    This section requires the department to help incarcerated people set up and update visitation and emergency-contact paperwork, and to provide prompt phone, notice, and visit access in serious medical or end-of-life situations.

    ## 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 10.7. Prison Visitation [6400 - 6405] ( Chapter 10.7 added by Stats. 2002, Ch. 238, Sec. 1. ) ## 6401. (a) (1) At intake, every incarcerated person shall be asked whom they want covered by the following documents and shall be assisted in completing the necessary paperwork for the following documents: (A) Approved visitor list. If the incarcerated person would like to add a visitor, the department shall provide a visitor application form for the incarcerated person to sign and send to the potential visitor, who may then complete and submit it to the visiting department of the facility. (B) Medical release of information form. (C) Medical power of attorney form. (D) Next of kin form authorizing control over body and possessions in case of death. (2) Incarcerated persons shall have the ability to update the forms in subparagraphs (A) to (D), inclusive, of paragraph (1) at any time. At least once a year, the department shall offer incarcerated persons the opportunity to review and update, as necessary, the forms in subparagraphs (A) to (D), inclusive, of paragraph (1). (b) Emergency telephone calls shall be made available to persons outside of the Department of Corrections and Rehabilitation and to incarcerated people, as specified under paragraphs (1) and (2). The department shall allow persons outside the facility to initiate a telephone call to an incarcerated person in either of the circumstances described in paragraphs (1) and (2). (1) When the incarcerated person has been admitted to the hospital for a serious or critical medical condition, as defined in subparagraph (A). (A) Within 24 hours of an incarcerated person being hospitalized for a serious or critical medical condition, the department shall inform all persons covered by the current medical release of information form about the incarcerated person’s health status, and shall facilitate telephone calls between the incarcerated person and those persons if the incarcerated person consents. A serious or critical medical condition may include any of the following: (i) A medical professional has determined that the incarcerated person needs medical treatment for a terminal disease. (ii) A medical professional has determined that the incarcerated person needs to receive life-sustaining medical treatment. (iii) The incarcerated person has been admitted to a public or community hospital. (B) If the incarcerated person has died, the department shall notify all persons covered by the current medical release of information form and next of kin form within 24 hours. (C) If the incarcerated person is able to provide knowing and voluntary consent, the department shall, within 24 hours of being admitted to a hospital within a prison, ask the incarcerated person whether they want to add people to any of the forms included in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a). The department shall promptly assist, as able, the incarcerated person in completing the paperwork. The department shall promptly inform the designated persons on the medical release form of the incarcerated person’s condition and facilitate a telephone call between the incarcerated person and the designated persons, if one is requested. (2) The department shall maintain a telephone line for outside people to call to inform the department that a family member or a person designated in any of the forms in subparagraphs (A) to (D), inclusive, of paragraph (1) of subdivision (a) has become critically ill or has died while the incarcerated person has been hospitalized. The department shall attempt to verify the identity of the caller and whether the person has become critically ill or has died, and promptly notify the incarcerated person of these calls upon their receipt. (c) Emergency in-person contact visits and video calls shall be made available whenever an incarcerated person is hospitalized due to a serious or critical medical condition, including imminent danger of dying. If in-person contact visits are unavailable at the facility due to a public health emergency or are inconsistent with the patient’s current medical treatment needs, as determined by their medical provider, video calls shall be made available. Any visitor approval process shall be conducted through an expedited process and any request responded to with an approval or a denial within 24 hours. If in-person visits are not able to occur within the 24-hour timeframe and the individual is in imminent danger of dying, a video visit shall be offered without clearance. When the incarcerated person is in imminent danger of dying, the department shall allow up to four visitors at one time to visit the incarcerated person. (d) For purposes of this section, “hospital” shall include an on-site facility set up to provide hospital-like services during a public health emergency. (Added by Stats. 2022, Ch. 837, Sec. 2. (SB 1139) Effective January 1, 2023. Conditionally operative as prescribed by its own provisions.)
  71. 6401.5.

    ## 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 10.7. Prison Visitation [6400 - 6405] ( Chapter 10.7 added by Stats. 2002, Ch. 238, Sec. 1. )

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    The department must have a grievance process that lets an incarcerated person, or an authorized designee, file a formal grievance about certain failures or decisions.

    ## 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 10.7. Prison Visitation [6400 - 6405] ( Chapter 10.7 added by Stats. 2002, Ch. 238, Sec. 1. ) ## 6401.5. The department shall have a grievance process in place by which the incarcerated person, or the person designated by the incarcerated person on a form specified in subparagraph (B) or (C) of paragraph (1) of subdivision (a) of Section 6401, may file a formal grievance to review the failure of the department to provide the incarcerated person’s health care information and records to the designated person, the department’s failure to provide notice to the designated person as required by subparagraph (A) or (C) of paragraph (1) of subdivision (b) of Section 6401, the decision of the department to deny visitation as required by subdivision (c) of Section 6401, or the department’s failure to provide adequate medical care and treatment. The department’s grievance process found in Article 5 (commencing with Section 3999.225) of Subchapter 2 of Chapter 2 of Division 3 of Title 15 of the California Code of Regulations satisfies the requirements of this section. (Added by Stats. 2022, Ch. 837, Sec. 3. (SB 1139) Effective January 1, 2023. Conditionally operative as prescribed by its own provisions.)
  72. 6401.8.

    ## 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 10.7. Prison Visitation [6400 - 6405] ( Chapter 10.7 added by Stats. 2002, Ch. 238, Sec. 1. )

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    Sections 6401 and 6401.5 operate only if funds for them are appropriated by express reference in the annual Budget Act or another statute.

    ## 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 10.7. Prison Visitation [6400 - 6405] ( Chapter 10.7 added by Stats. 2002, Ch. 238, Sec. 1. ) ## 6401.8. The operation of Sections 6401 and 6401.5 is contingent upon the appropriation of funds for these sections by express reference in the annual Budget Act or another statute. (Added by Stats. 2022, Ch. 837, Sec. 4. (SB 1139) Effective January 1, 2023.)
  73. 6402.

    ## 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 10.7. Prison Visitation [6400 - 6405] ( Chapter 10.7 added by Stats. 2002, Ch. 238, Sec. 1. )

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    CDCR must develop contraband-interdiction policies for people entering detention facilities, and those policies must cover the listed search and notice procedures.

    ## 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 10.7. Prison Visitation [6400 - 6405] ( Chapter 10.7 added by Stats. 2002, Ch. 238, Sec. 1. ) ## 6402. The Department of Corrections and Rehabilitation (CDCR) shall develop policies related to the department’s contraband interdiction efforts for individuals entering CDCR detention facilities. When developed, these policies shall include, but not be limited to, the following specifications: (a) Application to all individuals, including visitors, all department staff, including executive staff, volunteers, and contract employees. (b) Use of methods to ensure that profiling is not practiced during random searches or searches of all individuals entering the prison at that time. (c) Establishment of unpredictable, random search efforts and methods that ensures that no one, except department employees specifically designated to conduct the random search, shall have advance notice of when a random search is scheduled. (d) All visitors attempting to enter a CDCR detention facility shall be informed that they may refuse to be searched by a passive alert dog. (e) All visitors attempting to enter a CDCR detention facility who refuse to be searched by a passive alert dog shall be informed of options, including, but not limited to, the availability of a noncontact visit. (f) All individuals attempting to enter a CDCR detention facility, who have a positive alert for contraband by an electronic drug detection device, a passive alert dog, or other technology, shall be informed of further potential search or visitation options. (g) Establishment of a method by which an individual may demonstrate an authorized health-related use of a controlled substance when a positive alert is noted by an electronic drug detection device, a passive alert dog, or other technology. (h) Establishment of specific requirements for additional search options when multiple positive alerts occur on an individual employee within a specified timeframe. (i) In determining which additional search options to offer visitors and staff, CDCR shall consider the use of full-body scanners. (j) CDCR shall conduct an evaluation of a policy described in this section and provide an interim report to the Legislature by June 30, 2016, and a final report to the Legislature on April 30, 2017. This evaluation shall include, but not be limited to, the impact of the policy on: (1) The amount of contraband, including drugs and cellular phones, found in the prisons where the policy was implemented. (2) The number of staff assaults that occurred in the prisons where the policy was implemented. (3) The number of serious rules violation reports issued in prisons where the policy was implemented, including any reduction in offender violence. (4) The rates of drug use by inmates in the prisons where the policy was implemented. (k) (1) The requirement for submitting a report imposed under subdivision (j) is inoperative on June 30, 2020, pursuant to Section 10231.5 of the Government Code. (2) The reports to be submitted pursuant to subdivision (j) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2016, Ch. 33, Sec. 31. (SB 843) Effective June 27, 2016.)
  74. 6404.

    ## 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 10.7. Prison Visitation [6400 - 6405] ( Chapter 10.7 added by Stats. 2002, Ch. 238, Sec. 1. )

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    Inmates cannot be kept from family visits just because they were sentenced to life without parole or have no parole date from the Board of Parole Hearings.

    ## 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 10.7. Prison Visitation [6400 - 6405] ( Chapter 10.7 added by Stats. 2002, Ch. 238, Sec. 1. ) ## 6404. Inmates shall not be prohibited from family visits based solely on the fact that the inmate was sentenced to life without the possibility of parole or was sentenced to life and is without a parole date established by the Board of Parole Hearings. (Added by Stats. 2016, Ch. 33, Sec. 32. (SB 843) Effective June 27, 2016.)
  75. 6404.5.

    ## 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 10.7. Prison Visitation [6400 - 6405] ( Chapter 10.7 added by Stats. 2002, Ch. 238, Sec. 1. )

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    The department must speed up family visitation applications for incarcerated pregnant persons, and incarcerated mothers may be allowed family visitation with their newborn child unless the department decides they pose a threat of harm to the newborn.

    ## 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 10.7. Prison Visitation [6400 - 6405] ( Chapter 10.7 added by Stats. 2002, Ch. 238, Sec. 1. ) ## 6404.5. (a) The department shall expedite a family visitation application process for incarcerated pregnant persons in order to prevent delays for visitation for the incarcerated mother and newborn child following delivery. (b) Eligibility for family visitation for the incarcerated mother to see their newborn child shall be allowed as available, unless the department has made a case-by-case determination that the incarcerated mother would pose a threat of harm to their newborn child. (Added by Stats. 2024, Ch. 738, Sec. 3. (AB 2740) Effective January 1, 2025.)
  76. 6405.

    ## 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 10.7. Prison Visitation [6400 - 6405] ( Chapter 10.7 added by Stats. 2002, Ch. 238, Sec. 1. )

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    The department must scan certain visitor documents into SOMS on request and must allow visitors to bring specified items during in-person or approved family visits.

    ## 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 10.7. Prison Visitation [6400 - 6405] ( Chapter 10.7 added by Stats. 2002, Ch. 238, Sec. 1. ) ## 6405. (a) By July 1, 2024, upon request by a visitor, the department shall scan documents into the Strategic Offender Management Systems (SOMS), including, but not limited to, all of the following: (1) A birth certificate for a visiting minor. (2) A parental consent form for a visiting minor. (3) A marriage license or domestic partnership form for a person attending an approved family visit. (4) A birth certificate for a parent or sibling attending an approved family visit. (5) A medical note for a visitor. (b) For an in-person visit, the department shall allow a visitor with an infant or toddler to bring items, including, but not limited to, all of the following: (1) A combination of six factory-sealed single-serving packets of baby formula or four transparent plastic baby bottles or cups that are empty or contain premixed formula, milk, almond milk, soy milk, rice milk, lactose-free milk, juice, or water; a breast pump and associated supplies; and refrigerated or frozen breastmilk. (2) Six nonglass containers of baby food or snacks in sealed packaging. (3) Two plastic spoons. (4) Ten disposable diapers. (5) One sealed package of baby wipes. (6) Three changes of clothing. (7) Two small blankets. (8) Two pacifiers. (9) Three burp cloths. (10) Diaper cream. (11) A baby carrier or wrap. (12) A clear plastic diaper bag. (c) For an approved family visit, the department shall allow a visitor to bring items, including, but not limited to, all of the following: (1) Personal linens, including a mattress cover, flat sheet, fitted sheet, single layer blanket, bath towel, hand towel, and washcloth, for each person and for the length of the visit. (2) A bath mat and disposable shower curtain. (3) An unopened, sealed lubricant bottle. (4) Items for infants or toddlers, including all of the following: (A) A combination of 14 factory-sealed single-serving packets of baby formula; one factory-sealed container of milk for each day of the visit, including formula milk, almond milk, soy milk, oat milk, rice milk, or lactose-free milk; four transparent plastic baby bottles or cups; a breast pump and associated supplies; and refrigerated or frozen breastmilk. (B) Two gallons of factory-sealed distilled water. (C) Factory-sealed juice. (D) Six nonglass containers of baby food or snacks in sealed packaging for each day of the visit. (E) Two plastic spoons. (F) One package of diapers. (G) One sealed package of baby wipes. (H) Three changes of clothing for each day of the visit. (I) Two small blankets. (J) Two pacifiers. (K) Three burp cloths. (L) Diaper cream. (M) A baby carrier or wrap. (N) A clear plastic diaper bag. (d) For an in-person visit or an approved family visit, the department shall allow a visitor to bring menstrual hygiene products. (e) For an in-person visit or an approved family visit, the department shall allow a visiting minor to, at minimum, bring two non-battery-operated toys, two children’s books, and up to 10 pages of homework or coloring pages. (f) This section does not preclude the department from conducting routine inspections of these items, including to search for contraband and to identify potential security risks. (g) For purposes of this section, the following definitions apply: (1) “Infant” means a child less than 12 months of age. (2) “Toddler” means a child 12 to 36, inclusive, months of age. (Added by Stats. 2023, Ch. 47, Sec. 22. (AB 134) Effective July 10, 2023.)
  77. 640a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    This section makes it a misdemeanor to cheat coin-operated machines or to make, sell, or give away slugs or similar devices for unlawful use.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 640a. 1. Any person who shall knowingly and wilfully operate, or cause to be operated, or who shall attempt to operate, or attempt to cause to be operated, any automatic vending machine, slot machine or other receptacle designed to receive lawful coin of the United States of America in connection with the sale, use or enjoyment of property or service, by means of a slug or any false, counterfeited, mutilated, sweated or foreign coin, or by any means, method, trick or device whatsoever not lawfully authorized by the owner, lessee or licensee of such machine or receptacle, or who shall take, obtain or receive from or in connection with any automatic vending machine, slot machine or other receptacle designed to receive lawful coin of the United States of America in connection with the sale, use or enjoyment of property or service, any goods, wares, merchandise, gas, electric current, article of value, or the use or enjoyment of any musical instrument, phonograph or other property, without depositing in and surrendering to such machine or receptacle lawful coin of the United States of America to the amount required therefor by the owner, lessee or licensee of such machine or receptacle shall be guilty of a misdemeanor. 2. Any person who, with intent to cheat or defraud the owner, lessee, licensee or other person entitled to the contents of any automatic vending machine, slot machine or other receptacle, depository or contrivance designed to receive lawful coin of the United States of America in connection with the sale, use or enjoyment of property or service, or who, knowing or having cause to believe that the same is intended for unlawful use, shall manufacture for sale, or sell or give away any slug, device or substance whatsoever intended or calculated to be placed or deposited in any such automatic vending machine, slot machine or other such receptacle, depository or contrivance, shall be guilty of a misdemeanor. (Amended by Stats. 1957, Ch. 2096.)
  78. 640b

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    It is a misdemeanor to fraudulently use a coin-box telephone without paying the required coin, or to make or distribute slugs or similar items for that unlawful use.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 640b. 1. Any person who knowingly, wilfully and with intent to defraud the owner, lessee or licensee of any coin-box telephone, shall operate or cause to be operated, attempt to operate, or attempt to cause to be operated, any coin-box telephone by means of any slug or any false, counterfeited, mutilated, sweated or foreign coin, or by any means, method, trick or device whatsoever not lawfully authorized by such owner, lessee or licensee, or any person who, knowingly, wilfully and with intent to defraud the owner, lessee or licensee of any coin-box telephone, shall take, obtain or receive from or in connection with any such coin-box telephone, the use or enjoyment of any telephone or telegraph facilities or service, without depositing in or surrendering to such coin-box telephone lawful coin of the United States of America to the amount required therefor by such owner, lessee or licensee, shall be guilty of a misdemeanor. 2. Any person who, with the intent to cheat or defraud the owner, lessee or licensee or other person entitled to the contents of any coin-box telephone, or who, knowing or having cause to believe that the same is intended for unlawful use, shall manufacture for sale, or sell or give away any slug, device or substance whatsoever intended or calculated to be placed or deposited in any such coin-box telephone, shall be guilty of a misdemeanor. (Added by Stats. 1957, Ch. 2096.)
  79. 641.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    A person may not bribe or try to bribe telegraph or telephone personnel to disclose private messages or private information, or use information obtained that way.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 641. Every person who, by the payment or promise of any bribe, inducement, or reward, procures or attempts to procure any telegraph or telephone agent, operator, or employee to disclose any private message, or the contents, purport, substance, or meaning thereof, or offers to any agent, operator, or employee any bribe, compensation, or reward for the disclosure of any private information received by him or her by reason of his or her trust as agent, operator, or employee, or uses or attempts to use any information so obtained, is punishable as provided in Section 639. (Amended by Stats. 1987, Ch. 828, Sec. 40.)
  80. 641.3.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    This section makes it a crime for an employee to take or agree to take value, or for a person to give or offer value, in return for the employee using their position for someone else’s benefit, unless the value is $250 or less.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 641.3. (a) Any employee who solicits, accepts, or agrees to accept money or any thing of value from a person other than his or her employer, other than in trust for the employer, corruptly and without the knowledge or consent of the employer, in return for using or agreeing to use his or her position for the benefit of that other person, and any person who offers or gives an employee money or any thing of value under those circumstances, is guilty of commercial bribery. (b) This section does not apply where the amount of money or monetary worth of the thing of value is two hundred fifty dollars ($250) or less. (c) Commercial bribery is punishable by imprisonment in the county jail for not more than one year if the amount of the bribe is one thousand dollars ($1,000) or less, or by imprisonment in the county jail, or in the state prison for 16 months, or two or three years if the amount of the bribe exceeds one thousand dollars ($1,000). (d) For purposes of this section: (1) “Employee” means an officer, director, agent, trustee, partner, or employee. (2) “Employer” means a corporation, association, organization, trust, partnership, or sole proprietorship. (3) “Corruptly” means that the person specifically intends to injure or defraud (A) his or her employer, (B) the employer of the person to whom he or she offers, gives, or agrees to give the money or a thing of value, (C) the employer of the person from whom he or she requests, receives, or agrees to receive the money or a thing of value, or (D) a competitor of any such employer. (Amended by Stats. 2009, 3rd Ex. Sess., Ch. 28, Sec. 35. (SB 18 3x) Effective January 25, 2010.)
  81. 641.4.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    Certain title insurance and escrow employees, and licensees, commit commercial bribery if they corruptly exchange consideration to induce title-business placement or referral; the offense carries jail time, a fine, or both.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 641.4. (a) An employee of a title insurer, underwritten title company, or controlled escrow company who corruptly violates Section 12404 of the Insurance Code by paying, directly or indirectly, a commission, compensation, or other consideration to a licensee, as defined in Section 10011 of the Business and Professions Code, or a licensee who corruptly violates Section 10177.4 of the Business and Professions Code by receiving from an employee of a title insurer, underwritten title company, or controlled escrow company a commission, compensation, or other consideration, as an inducement for the placement or referral of title business, is guilty of commercial bribery. (b) For purposes of this section, commercial bribery is punishable by imprisonment in a county jail for not more than one year, or by a fine of ten thousand dollars ($10,000) for each unlawful transaction, or by both a fine and imprisonment. (c) For purposes of this section, “title business” has the same meaning as that used in Section 12404 of the Insurance Code. (d) This section shall not preclude prosecution under any other law. (e) This section shall not be construed to supersede or affect Section 641.3. A person may be charged with a violation of this section and Section 641.3. However, a defendant may not be punished under this section and Section 641.3 for the same act that constitutes a violation of both this section and Section 641.3. (Added by Stats. 1997, Ch. 718, Sec. 3. Effective January 1, 1998.)
  82. 641.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    Dry cleaning establishments using more than one gallon of certain chlorinated-hydrocarbon solvent must keep the dry cleaning processes in approved enclosed, ventilated equipment or in a properly designed single room/compartment, and violations are misdemeanors.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 641.5. (a) In any clothes cleaning establishment in which more than one gallon of a volatile, commercially moisture-free solvent of the chlorinated hydrocarbon type is used for dry cleaning, the performance of all the dry cleaning, drying, and deodorizing processes shall be completed entirely within fluid-tight machines or apparatus vented to the open air at a point not less than eight feet from any window or other opening and so used and operated as to prevent the escape of fumes, gases, or vapors into workrooms or workplaces. (b) Except when operations are performed as provided in subdivision (a), no person shall operate a clothes cleaning establishment in which more than one gallon of a volatile, commercially moisture-free solvent of the chlorinated hydrocarbon type is used for dry cleaning except under either of the following conditions: (1) All of the dry cleaning, drying, and deodorizing processes are performed in a single room or compartment designed and ventilated in such a manner that dangerous toxic concentrations of vapors will not accumulate in working areas. (2) The dry cleaning processes are performed in fluid-tight machines or apparatus designed, installed, and operated in a manner that will prevent the escape of dangerous toxic concentrations of vapors to the working areas. (c) “Volatile, commercially moisture-free solvent” means either of the following: (1) Any commercially moisture-free liquid, volatile product or substance having the capacity to evaporate and, during evaporation, to generate and emit a gas or vapor. (2) Any solvent commonly known to the clothes cleaning industry as a “chlorinated hydrocarbon solvent.” (d) Any violation of this section is a misdemeanor. (Added by Stats. 1986, Ch. 478, Sec. 2.)
  83. 641.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    Dry cleaners must not use carbon tetrachloride or trichlorethylene as a cleaning agent during onsite dry cleaning.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 641.6. Notwithstanding any other provision of law, no person engaged in the business of dry cleaning shall use carbon tetrachloride or trichlorethylene as a cleaning agent when engaged in onsite dry cleaning. For purposes of this section, “onsite dry cleaning” means dry cleaning which is performed in a residence or any commercial or public building other than a clothes cleaning establishment or plant. A violation of this section is a misdemeanor. (Added by Stats. 1986, Ch. 478, Sec. 3.)
  84. 642.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    It is a crime to willfully and maliciously remove, keep, or use for yourself valuable articles taken from a dead human body.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 642. Every person who wilfully and maliciously removes and keeps possession of and appropriates for his own use articles of value from a dead human body, the theft of which articles would be petty theft is guilty of a misdemeanor, or if the theft of the articles would be grand theft, a felony. This section shall not apply to articles removed at the request or direction of one of the persons enumerated in section 7111 of the Health and Safety Code. (Added by Stats. 1939, Ch. 691.)
  85. 643.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    No person may knowingly dispose of fetal remains in a public or private dump, refuse, disposal site, or place open to public view.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 643. No person knowingly shall dispose of fetal remains in a public or private dump, refuse, or disposal site or place open to public view. For the purposes of this section, “fetal remains” means the lifeless product of conception regardless of the duration of the pregnancy. Any violation of this section is a misdemeanor. (Added by Stats. 1971, Ch. 377.)
  86. 645.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    Section 645 requires certain parolees convicted twice of listed offenses against victims under 13 to undergo medroxyprogesterone acetate treatment, and allows treatment for first convictions at the court’s discretion.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 645. (a) Any person guilty of a first conviction of any offense specified in subdivision (c), where the victim has not attained 13 years of age, may, upon parole, undergo medroxyprogesterone acetate treatment or its chemical equivalent, in addition to any other punishment prescribed for that offense or any other provision of law, at the discretion of the court. (b) Any person guilty of a second conviction of any offense specified in subdivision (c), where the victim has not attained 13 years of age, shall, upon parole, undergo medroxyprogesterone acetate treatment or its chemical equivalent, in addition to any other punishment prescribed for that offense or any other provision of law. (c) This section shall apply to the following offenses: (1) Subdivision (c) or (d) of Section 286. (2) Paragraph (1) of subdivision (b) of Section 288. (3) Subdivision (c) or (d) of Section 287 or of former Section 288a. (4) Subdivision (a) or (j) of Section 289. (d) The parolee shall begin medroxyprogesterone acetate treatment one week prior to his or her release from confinement in the state prison or other institution and shall continue treatments until the Department of Corrections demonstrates to the Board of Prison Terms that this treatment is no longer necessary. (e) If a person voluntarily undergoes a permanent, surgical alternative to hormonal chemical treatment for sex offenders, he or she shall not be subject to this section. (f) The Department of Corrections shall administer this section and implement the protocols required by this section. Nothing in the protocols shall require an employee of the Department of Corrections who is a physician and surgeon licensed pursuant to Chapter 5 (commencing with Section 2000) of Division 2 of the Business and Professions Code or the Osteopathic Initiative Act to participate against his or her will in the administration of the provisions of this section. These protocols shall include, but not be limited to, a requirement to inform the person about the effect of hormonal chemical treatment and any side effects that may result from it. A person subject to this section shall acknowledge the receipt of this information. (Amended by Stats. 2018, Ch. 423, Sec. 62. (SB 1494) Effective January 1, 2019.)
  87. 646.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    A person may not solicit or seek business to collect certain California personal injury or wrongful death claims for filing suit outside the state, and violations are misdemeanors.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 646. It is unlawful for any person with the intent, or for the purpose of instituting a suit thereon outside of this state, to seek or solicit the business of collecting any claim for damages for personal injury sustained within this state, or for death resulting therefrom, with the intention of instituting suit thereon outside of this state, in cases where such right of action rests in a resident of this state, or his legal representative, and is against a person, copartnership, or corporation subject to personal service within this state. Any person violating any of the provisions of this section is guilty of a misdemeanor, and is punishable by a fine of not less than one hundred dollars ($100) nor more than one thousand dollars ($1,000), by imprisonment in the county jail not less than 30 days nor more than six months, or by both fine and imprisonment at the discretion of the court but within said limits. (Amended by Stats. 1983, Ch. 1092, Sec. 314. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  88. 646.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    A person must not knowingly and directly solicit employment from an injured person, or others acting for them, to get authorization to act as an investigator for the injury-related incident.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 646.5. No person shall knowingly and directly solicit employment from any injured person or from any other person to obtain authorization on behalf of the injured person, as an investigator to investigate the accident or act which resulted in injury or death to such person or damage to the property of such person. Nothing in this section shall prohibit the soliciting of employment as an investigator from such injured person’s attorney. Any person violating any provision of this section is guilty of a misdemeanor. This section shall not apply to any business agent or attorney employed by a labor organization. (Added by Stats. 1971, Ch. 694.)
  89. 646.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    A person may not knowingly and directly solicit an injured person, or someone acting for them, to sell or use accident-related photographs. A violation is a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 646.6. No person shall knowingly and directly solicit any injured person, or anyone acting on behalf of any injured person, for the sale or use of photographs relating to the accident which resulted in the injury or death of such injured person. Any person violating any provision of this section is guilty of a misdemeanor. Nothing in this section shall prohibit a person, other than a public employee acting within the scope of his or her employment, from soliciting the injured person’s attorney for the sale or use of such photographs. (Amended by Stats. 1976, Ch. 495.)
  90. 646.9.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 646.9. (a) Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for their safety, or the safety of their immediate family, is guilty of the crime of stalking, punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison. (b) Any person who violates subdivision (a) when there is a temporary restraining order, injunction, or any other court order in effect prohibiting the behavior described in subdivision (a) against the same party, shall be punished by imprisonment in the state prison for two, three, or four years. (c) (1) Every person who, after having been convicted of a felony under Section 273.5, 273.6, or 422, commits a violation of subdivision (a) shall be punished by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or five years. (2) Every person who, after having been convicted of a felony under subdivision (a), commits a violation of this section shall be punished by imprisonment in the state prison for two, three, or five years. (d) In addition to the penalties provided in this section, the sentencing court may order a person convicted of a felony under this section to register as a sex offender pursuant to Section 290.006. (e) For the purposes of this section, “harass” means engages in a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose. (f) For the purposes of this section, “course of conduct” means two or more acts occurring over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct.” (g) For the purposes of this section, “credible threat” means a verbal or written threat, including a threat performed through the use of an electronic communication device, or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct, including threats to a person’s pet, service animal, emotional support animal, or horse, made with the intent to place the person that is the target of the threat in reasonable fear for their safety, or the safety of their family, and made with the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for their safety or the safety of their family. It is not necessary to prove that the defendant had the intent to actually carry out the threat. The present incarceration of a person making the threat shall not be a bar to prosecution under this section. Constitutionally protected activity is not included within the meaning of “credible threat.” (h) For purposes of this section, the term “electronic communication device” includes, but is not limited to, telephones, cellular phones, computers, video recorders, fax machines, or pagers. “Electronic communication” has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code. (i) This section shall not apply to conduct that occurs during labor picketing. (j) If probation is granted, or the execution or imposition of a sentence is suspended, for any person convicted under this section, it shall be a condition of probation that the person participate in counseling, as designated by the court. However, the court, upon a showing of good cause, may find that the counseling requirement shall not be imposed. (k) (1) The sentencing court also shall consider issuing an order restraining the defendant from any contact with the victim, that may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, the safety of the victim and their immediate family, and the information provided to the court pursuant to Section 273.75. (2) This protective order may be issued by the court whether the defendant is sentenced to state prison, county jail, or if imposition of sentence is suspended and the defendant is placed on probation. (l) For purposes of this section, “immediate family” means any spouse, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household. (m) The court shall consider whether the defendant would benefit from treatment pursuant to Section 2684. If it is determined to be appropriate, the court shall recommend that the Department of Corrections and Rehabilitation make a certification as provided in Section 2684. Upon the certification, the defendant shall be evaluated and transferred to the appropriate hospital for treatment pursuant to Section 2684. (Amended by Stats. 2025, Ch. 576, Sec. 1. (SB 221) Effective January 1, 2026.)
  91. 646.91.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    A judicial officer may issue an ex parte emergency protective order for stalking-related danger, and peace officers must process, serve, file, and enter the order; the protected order also bars the subject from firearm possession while it is in effect.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 646.91. (a) Notwithstanding any other law, a judicial officer may issue an ex parte emergency protective order if a peace officer, as defined in Section 830.1, 830.2, 830.32, or subdivision (a) of Section 830.33, asserts reasonable grounds to believe that a person is in immediate and present danger of stalking based upon the person’s allegation that he or she has been willfully, maliciously, and repeatedly followed or harassed by another person who has made a credible threat with the intent of placing the person who is the target of the threat in reasonable fear for his or her safety, or the safety of his or her immediate family, within the meaning of Section 646.9. (b) A peace officer who requests an emergency protective order shall reduce the order to writing and sign it. (c) An emergency protective order shall include all of the following: (1) A statement of the grounds asserted for the order. (2) The date and time the order expires. (3) The address of the superior court for the district or county in which the protected party resides. (4) The following statements, which shall be printed in English and Spanish: (A) “To the protected person: This order will last until the date and time noted above. If you wish to seek continuing protection, you will have to apply for an order from the court at the address noted above. You may seek the advice of an attorney as to any matter connected with your application for any future court orders. The attorney should be consulted promptly so that the attorney may assist you in making your application.” (B) “To the restrained person: This order will last until the date and time noted above. The protected party may, however, obtain a more permanent restraining order from the court. You may seek the advice of an attorney as to any matter connected with the application. The attorney should be consulted promptly so that the attorney may assist you in responding to the application. You may not own, possess, purchase, or receive, or attempt to purchase or receive, a firearm while this order is in effect.” (d) An emergency protective order may be issued under this section only if the judicial officer finds both of the following: (1) That reasonable grounds have been asserted to believe that an immediate and present danger of stalking, as defined in Section 646.9, exists. (2) That an emergency protective order is necessary to prevent the occurrence or reoccurrence of the stalking activity. (e) An emergency protective order may include either of the following specific orders as appropriate: (1) A harassment protective order as described in Section 527.6 of the Code of Civil Procedure. (2) A workplace violence protective order as described in Section 527.8 of the Code of Civil Procedure. (f) An emergency protective order shall be issued without prejudice to any person. (g) An emergency protective order expires at the earlier of the following times: (1) The close of judicial business on the fifth court day following the day of its issuance. (2) The seventh calendar day following the day of its issuance. (h) A peace officer who requests an emergency protective order shall do all of the following: (1) Serve the order on the restrained person, if the restrained person can reasonably be located. (2) Give a copy of the order to the protected person, or, if the protected person is a minor child, to a parent or guardian of the protected child if the parent or guardian can reasonably be located, or to a person having temporary custody of the child. (3) File a copy of the order with the court as soon as practicable after issuance. (4) Have the order entered into the computer database system for protective and restraining orders maintained by the Department of Justice. (i) A peace officer shall use every reasonable means to enforce an emergency protective order. (j) A peace officer who acts in good faith to enforce an emergency protective order is not civilly or criminally liable. (k) A peace officer described in subdivision (a) or (b) of Section 830.32 who requests an emergency protective order pursuant to this section shall also notify the sheriff or police chief of the city in whose jurisdiction the peace officer’s college or school is located after issuance of the order. (l) “Judicial officer,” as used in this section, means a judge, commissioner, or referee. (m) A person subject to an emergency protective order under this section shall not own, possess, purchase, or receive a firearm while the order is in effect. (n) Nothing in this section shall be construed to permit a court to issue an emergency protective order prohibiting speech or other activities that are constitutionally protected or protected by the laws of this state or by the United States or activities occurring during a labor dispute, as defined by Section 527.3 of the Code of Civil Procedure, including, but not limited to, picketing and hand billing. (o) The Judicial Council shall develop forms, instructions, and rules for the scheduling of hearings and other procedures established pursuant to this section. (p) Any intentional disobedience of any emergency protective order granted under this section is punishable pursuant to Section 166. Nothing in this subdivision shall be construed to prevent punishment under Section 646.9, in lieu of punishment under this section, if a violation of Section 646.9 is also pled and proven. (Amended by Stats. 2014, Ch. 559, Sec. 1. (SB 1154) Effective January 1, 2015.)
  92. 646.91a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    The court must order enjoined parties not to seek the address or location of a protected party or certain family members, unless there is good cause not to do so. The Judicial Council must also create the forms needed to carry out this section.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 646.91a. (a) The court shall order that any party enjoined pursuant to Section 646.91 be prohibited from taking any action to obtain the address or location of a protected party or a protected party’s family members, caretakers, or guardian, unless there is good cause not to make that order. (b) The Judicial Council shall promulgate forms necessary to effectuate this section. (Added by renumbering Section 646.91A by Stats. 2006, Ch. 901, Sec. 6.1. Effective January 1, 2007.)
  93. 646.92.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    This section requires corrections officials to notify specified victims, family members, or witnesses before certain releases or parole changes, and it keeps recipient information confidential.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 646.92. (a) (1) The Department of Corrections and Rehabilitation, county sheriff, or director of the local department of corrections shall give notice not less than 15 days prior to the release from the state prison or a county jail of any person who is convicted of violating Section 646.9 or convicted of a felony offense involving domestic violence, as defined in Section 6211 of the Family Code, or any change in the parole status or relevant change in the parole location of the convicted person, or if the convicted person absconds from supervision while on parole, to any person the court identifies as a victim of the offense, a family member of the victim, or a witness to the offense by telephone, electronic mail, or certified mail at his or her last known address, upon request and using the method of communication selected by the requesting party, if that method is available. A victim, family member, or witness shall keep the department or county sheriff informed of his or her current contact information to be entitled to receive notice. A victim may designate another person for the purpose of receiving notification. The department, county sheriff, or director of the local department of corrections, shall make reasonable attempts to locate a person who has requested notification but whose contact information is incorrect or not current. However, the duty to keep the department or county sheriff informed of current contact information shall remain with the victim. (2) Following notification by the department pursuant to Section 3058.61, in the event the victim had not originally requested notification under this section, the sheriff or the chief of police, as appropriate, shall make an attempt to advise the victim or, if the victim is a minor, the parent or guardian of the victim, of the victim’s right to notification under this section. (b) All information relating to any person who receives notice under this section shall remain confidential and shall not be made available to the person convicted of violating this section. (c) For purposes of this section, “release” includes a release from the state prison or a county jail because time has been served, a release from the state prison or a county jail to parole or probation supervision, or an escape from an institution or reentry facility. (d) The department or county sheriff shall give notice of an escape from an institution or reentry facility of any person convicted of violating Section 646.9 or convicted of a felony offense involving domestic violence, as defined in Section 6211 of the Family Code, to the notice recipients described in subdivision (a). (e) Substantial compliance satisfies the notification requirements of subdivision (a). (Amended by Stats. 2011, Ch. 364, Sec. 1. (SB 852) Effective September 29, 2011.)
  94. 646.93.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    This section requires designated phone-number access for bail-status information and sets bail-release conditions, including no-contact and weapons restrictions on the defendant.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 646.93. (a) (1) In those counties where the arrestee is initially incarcerated in a jail operated by the county sheriff, the sheriff shall designate a telephone number that shall be available to the public to inquire about bail status or to determine if the person arrested has been released and if not yet released, the scheduled release date, if known. This subdivision does not require a county sheriff or jail administrator to establish a new telephone number but shall require that the information contained on the victim resource card, as defined in Section 264.2, specify the phone number that a victim should call to obtain this information. This subdivision shall not require the county sheriff or municipal police departments to produce new victim resource cards containing a designated phone number for the public to inquire about the bail or custody status of a person who has been arrested until their existing supply of victim resource cards has been exhausted. (2) In those counties where the arrestee is initially incarcerated in an incarceration facility other than a jail operated by the county sheriff and in those counties that do not operate a Victim Notification (VNE) system, a telephone number shall be available to the public to inquire about bail status or to determine if the person arrested has been released and if not yet released, the scheduled release date, if known. This subdivision does not require a municipal police agency or jail administrator to establish a new telephone number but shall require that the information contained on the victim resource card, as defined in Section 264.2, specify the phone number that a victim should call to obtain this information. This subdivision shall not require the county sheriff or municipal police departments to produce new victim resource cards containing a designated phone number for the public to inquire about the bail or custody status of a person who has been arrested until their existing supply of victim resource cards has been exhausted. (3) If an arrestee is transferred to another incarceration facility and is no longer in the custody of the initial arresting agency, the transfer date and new incarceration location shall be made available through the telephone number designated by the arresting agency. (4) The resource card provided to victims pursuant to Section 264.2 shall list the designated telephone numbers to which this section refers. (b) Any request to lower bail shall be heard in open court in accordance with Section 1270.1. In addition, the prosecutor shall make all reasonable efforts to notify the victim or victims of the bail hearing. The victims may be present at the hearing and shall be permitted to address the court on the issue of bail. (c) Unless good cause is shown not to impose the following conditions, the judge shall impose as additional conditions of release on bail that: (1) The defendant shall not initiate contact in person, by telephone, or any other means with the alleged victims. (2) The defendant shall not knowingly go within 100 yards of the alleged victims, their residence, or place of employment. (3) The defendant shall not possess any firearms or other deadly or dangerous weapons. (4) The defendant shall obey all laws. (5) The defendant, upon request at the time of his or her appearance in court, shall provide the court with an address where he or she is residing or will reside, a business address and telephone number if employed, and a residence telephone number if the defendant’s residence has a telephone. A showing by declaration that any of these conditions are violated shall, unless good cause is shown, result in the issuance of a no-bail warrant. (Amended by Stats. 2001, Ch. 854, Sec. 35. Effective January 1, 2002.)
  95. 646.94.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    The Department of Corrections must place certain high-risk parolees convicted of Section 646.9 into a specialized supervision program, with counseling and relapse-prevention requirements.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 646.94. (a) Contingent upon a Budget Act appropriation, the Department of Corrections shall ensure that any parolee convicted of violating Section 646.9 on or after January 1, 2002, who is deemed to pose a high risk of committing a repeat stalking offense be placed on an intensive and specialized parole supervision program for a period not to exceed the period of parole. (b) (1) The program shall include referral to specialized services, for example substance abuse treatment, for offenders needing those specialized services. (2) Parolees participating in this program shall be required to participate in relapse prevention classes as a condition of parole. (3) Parole agents may conduct group counseling sessions as part of the program. (4) The department may include other appropriate offenders in the treatment program if doing so facilitates the effectiveness of the treatment program. (c) The program shall be established with the assistance and supervision of the staff of the department primarily by obtaining the services of mental health providers specializing in the treatment of stalking patients. Each parolee placed into this program shall be required to participate in clinical counseling programs aimed at reducing the likelihood that the parolee will commit or attempt to commit acts of violence or stalk their victim. (d) The department may require persons subject to this section to pay some or all of the costs associated with this treatment, subject to the person’s ability to pay. “Ability to pay” means the overall capability of the person to reimburse the costs, or a portion of the costs, of providing mental health treatment, and shall include, but shall not be limited to, consideration of all of the following factors: (1) Present financial position. (2) Reasonably discernible future financial position. (3) Likelihood that the person shall be able to obtain employment after the date of parole. (4) Any other factor or factors that may bear upon the person’s financial capability to reimburse the department for the costs. (e) For purposes of this section, a mental health provider specializing in the treatment of stalking patients shall meet all of the following requirements: (1) Be a licensed clinical social worker, as defined in Article 4 (commencing with Section 4996) of Chapter 14 of Division 2 of the Business and Professions Code, a clinical psychologist, as defined in Section 1316.5 of the Health and Safety Code, or a physician and surgeon engaged in the practice of psychiatry. (2) Have clinical experience in the area of assessment and treatment of stalking patients. (3) Have two letters of reference from professionals who can attest to the applicant’s experience in counseling stalking patients. (f) The program shall target parolees convicted of violating Section 646.9 who meet the following conditions: (1) The offender has been subject to a clinical assessment. (2) A review of the offender’s criminal history indicates that the offender poses a high risk of committing further acts of stalking or acts of violence against his or her victim or other persons upon his or her release on parole. (3) The parolee, based on his or her clinical assessment, may be amenable to treatment. (g) On or before January 1, 2006, the Department of Corrections shall evaluate the intensive and specialized parole supervision program and make a report to the Legislature regarding the results of the program, including, but not limited to, the recidivism rate for repeat stalking related offenses committed by persons placed into the program and a cost-benefit analysis of the program. (h) This section shall become operative upon the appropriation of sufficient funds in the Budget Act to implement this section. (Amended by Stats. 2001, Ch. 159, Sec. 163. Effective January 1, 2002. Operation of section is contingent upon funding, as provided in subd. (h).)
  96. 647.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    This section makes various forms of disorderly conduct a misdemeanor, including prostitution-related conduct, begging, loitering in public toilets, unlawful lodging, public intoxication, peeking into homes, and several privacy-invasive acts. It also sets related custody, court, and penalty rules.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 647. Except as provided in paragraph (5) of subdivision (b) and in subdivisions (k) and (l), a person who commits any of the following acts is guilty of disorderly conduct, a misdemeanor: (a) An individual who solicits anyone to engage in or who engages in lewd or dissolute conduct in a public place or in a place open to the public or exposed to public view. (b) (1) An individual who solicits, or who agrees to engage in, or who engages in, an act of prostitution with the intent to receive compensation, money, or anything of value from another person. An individual agrees to engage in an act of prostitution when, with specific intent to so engage, the individual manifests an acceptance of an offer or solicitation by another person to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution. (2) An individual who solicits, or who agrees to engage in, or who engages in, an act of prostitution with another person who is 18 years of age or older in exchange for the individual providing compensation, money, or anything of value to the other person. An individual agrees to engage in an act of prostitution when, with specific intent to so engage, the individual manifests an acceptance of an offer or solicitation by another person who is 18 years of age or older to so engage, regardless of whether the offer or solicitation was made by a person who also possessed the specific intent to engage in an act of prostitution. (3) An individual who solicits, or who agrees to engage in, or who engages in, an act of prostitution with another person who is a minor in exchange for the individual providing compensation, money, or anything of value to the minor. An individual agrees to engage in an act of prostitution when, with specific intent to so engage, the individual manifests an acceptance of an offer or solicitation by someone who is a minor to so engage, regardless of whether the offer or solicitation was made by a minor who also possessed the specific intent to engage in an act of prostitution. (4) A manifestation of acceptance of an offer or solicitation to engage in an act of prostitution does not constitute a violation of this subdivision unless some act, in addition to the manifestation of acceptance, is done within this state in furtherance of the commission of the act of prostitution by the person manifesting an acceptance of an offer or solicitation to engage in that act. As used in this subdivision, “prostitution” includes any lewd act between persons for money or other consideration. (5) Notwithstanding paragraphs (1) to (3), inclusive, this subdivision does not apply to a child under 18 years of age who is alleged to have engaged in conduct to receive money or other consideration that would, if committed by an adult, violate this subdivision. A commercially exploited child under this paragraph may be adjudged a dependent child of the court pursuant to paragraph (2) of subdivision (b) of Section 300 of the Welfare and Institutions Code and may be taken into temporary custody pursuant to subdivision (a) of Section 305 of the Welfare and Institutions Code, if the conditions allowing temporary custody without warrant are met. (c) Who accosts other persons in a public place or in a place open to the public for the purpose of begging or soliciting alms. (d) Who loiters in or about a toilet open to the public for the purpose of engaging in or soliciting a lewd or lascivious or an unlawful act. (e) Who lodges in a building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it. (f) Who is found in a public place under the influence of intoxicating liquor, a drug, controlled substance, toluene, or a combination of an intoxicating liquor, drug, controlled substance, or toluene, in a condition that they are unable to exercise care for their own safety or the safety of others, or by reason of being under the influence of intoxicating liquor, drug, controlled substance, toluene, or a combination of an intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the free use of a street, sidewalk, or other public way. (g) If a person has violated subdivision (f), a peace officer, if reasonably able to do so, shall place the person, or cause the person to be placed, in civil protective custody. The person shall be taken to a facility, designated pursuant to Section 5170 of the Welfare and Institutions Code, for the 72-hour treatment and evaluation of inebriates. A peace officer may place a person in civil protective custody with that kind and degree of force authorized to effect an arrest for a misdemeanor without a warrant. A person who has been placed in civil protective custody shall not thereafter be subject to criminal prosecution or juvenile court proceeding based on the facts giving rise to this placement. This subdivision does not apply to the following persons: (1) A person who is under the influence of a drug or under the combined influence of intoxicating liquor and a drug. (2) A person who a peace officer has probable cause to believe has committed a felony, or who has committed a misdemeanor in addition to subdivision (f). (3) A person who a peace officer in good faith believes will attempt escape or will be unreasonably difficult for medical personnel to control. (h) Who loiters, prowls, or wanders upon the private property of another, at any time, without visible or lawful business with the owner or occupant. As used in this subdivision, “loiter” means to delay or linger without a lawful purpose for being on the property and for the purpose of committing a crime as opportunity may be discovered. (i) Who, while loitering, prowling, or wandering upon the private property of another, at any time, peeks in the door or window of an inhabited building or structure, without visible or lawful business with the owner or occupant. (j) (1) A person who looks through a hole or opening, into, or otherwise views, by means of any instrumentality, including, but not limited to, a periscope, telescope, binoculars, camera, motion picture camera, camcorder, mobile phone, electronic device, or unmanned aircraft system, the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which the occupant has a reasonable expectation of privacy, with the intent to invade the privacy of a person or persons inside. This subdivision does not apply to those areas of a private business used to count currency or other negotiable instruments. (2) A person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another identifiable person under or through the clothing being worn by that other person, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to arouse, appeal to, or gratify the lust, passions, or sexual desires of that person and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy. For the purposes of this paragraph, “identifiable” means capable of identification, or capable of being recognized, meaning that someone, including the victim, could identify or recognize the victim. It does not require the victim’s identity to actually be established. (3) (A) A person who uses a concealed camcorder, motion picture camera, or photographic camera of any type, to secretly videotape, film, photograph, or record by electronic means, another identifiable person who may be in a state of full or partial undress, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, in the interior of a bedroom, bathroom, changing room, fitting room, dressing room, or tanning booth, or the interior of any other area in which that other person has a reasonable expectation of privacy, with the intent to invade the privacy of that other person. For the purposes of this paragraph, “identifiable” means capable of identification, or capable of being recognized, meaning that someone, including the victim, could identify or recognize the victim. It does not require the victim’s identity to actually be established. (B) Neither of the following is a defense to the crime specified in this paragraph: (i) The defendant was a cohabitant, landlord, tenant, cotenant, employer, employee, or business partner or associate of the victim, or an agent of any of these. (ii) The victim was not in a state of full or partial undress. (4) (A) (i) A person who intentionally distributes or causes to be distributed the image of the intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates, when subclauses (I) to (III), inclusive, are all true: (I) The person distributing the image knows or should know that the distribution of the image will cause serious emotional distress. (II) The person depicted suffers serious emotional distress. (III) One of the following has occurred: (ia) The person depicted in the image and the person distributing the image had agreed or had an understanding that the image shall remain private. (ib) The image was knowingly recorded, captured, or otherwise obtained by the person distributing the image without the authorization of the person depicted, and the image was recorded or captured under circumstances in which the person depicted had a reasonable expectation of privacy. (ic) The image is knowingly obtained by the person distributing the image by exceeding authorized access from the property, accounts, messages, files, or resources of the person depicted. (ii) A person who intentionally creates and distributes or causes to be distributed any photo realistic image, digital image, electronic image, computer image, computer-generated image, or other pictorial representation of an intimate body part or parts of another identifiable person, or an image of the person depicted engaged in an act of sexual intercourse, sodomy, oral copulation, sexual penetration, or an image of masturbation by the person depicted or in which the person depicted participates that was created in a manner that would cause a reasonable person to believe the image is an authentic image of the person depicted, under circumstances in which the person distributing the image knows or should know that distribution of the image will cause serious emotional distress, and the person depicted suffers that distress. This clause shall not apply to a person who was under 18 years of age at the time the person committed the offense. (B) (i) A person intentionally distributes an image described in subparagraph (A) when that person personally distributes the image. (ii) A person intentionally causes an image described in subparagraph (A) to be distributed when that person arranges, specifically requests, or intentionally causes another person to distribute the image. (C) As used in this paragraph, the following terms have the following meanings: (i) “Distribute” includes exhibiting in public or giving possession. (ii) “Identifiable” has the same meaning as in paragraphs (2) and (3). (iii) “Intimate body part” means any portion of the genitals, the anus and, in the case of a female, also includes any portion of the breasts below the top of the areola, that is either uncovered or clearly visible through clothing. (D) It shall not be a violation of this paragraph to distribute an image described in subparagraph (A) if any of the following applies: (i) The distribution is made in the course of reporting an unlawful activity. (ii) The distribution is made in compliance with a subpoena or other court order for use in a legal proceeding. (iii) The distribution is made in the course of a lawful public proceeding. (iv) The distribution is related to a matter of public concern or public interest. Distribution is not a matter of public concern or public interest solely because the depicted individual is a public figure. (5) This subdivision does not preclude punishment under any section of law providing for greater punishment. (6) A defendant shall not be punished for both a violation of paragraph (4) of subdivision (j) and paragraph (2) of subdivision (j) or Section 502 if that punishment would be barred under Section 654. (k) (1) Except as provided in paragraph (3), a second or subsequent violation of subdivision (j) is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment. (2) Except as provided in paragraph (3), if the victim of a violation of subdivision (j) was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment. (3) If the victim of a violation of paragraph (3) of subdivision (j) was a minor at the time of the offense, a second or subsequent violation of paragraph (3) of subdivision (j) is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in county jail not exceeding one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or by both a fine and imprisonment. This paragraph shall not apply to a person who was under 18 years of age at the time that they committed the offense. (l) (1) (A) If a crime is committed in violation of subdivision (b) by a defendant who is 18 years of age or older, the person who was solicited was a minor at the time of the offense, and the defendant knew or should have known that the person who was solicited was a minor at the time of the offense, the violation is punishable by imprisonment in a county jail for not less than two days and not more than one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment, except as provided in paragraph (2). (B) The court may, in unusual cases, when the interests of justice are best served, reduce or eliminate the mandatory two days of imprisonment in a county jail required by this paragraph. If the court reduces or eliminates the mandatory two days of imprisonment, the court shall specify the reason on the record. (2) Notwithstanding paragraph (1), a defendant 18 years of age or older may be punished by either imprisonment in a county jail for not less than two days and not more than one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment, or imprisonment pursuant to subdivision (h) of Section 1170 for any of the following: (A) The solicited minor was under 16 years of age at the time of the offense, or the person solicited was under 18 years of age at the time of the offense and the person solicited was caused, induced, or persuaded at the time of the solicitation to engage in a commercial sex act as specified in subdivision (c) of Section 236.1. (B) The solicited minor was more than 3 years younger than the defendant at the time of the offense. (3) A second or subsequent violation of paragraph (2) is punishable as a felony by imprisonment pursuant to subdivision (h) of Section 1170. (4) A defendant who is convicted of a violation of paragraph (2) shall be ordered by the court, if granted probation, to successfully complete an education program on human trafficking and the exploitation of children. A fee shall not be imposed for participation or enrollment in an education program pursuant to this paragraph. (5) An individual who provides compensation, money, or anything of value in violation of paragraph (2) or (3) of subdivision (b) shall, in addition to any other punishment, be punished by a fine of one thousand dollars ($1,000). Fines collected pursuant to this paragraph shall be deposited in the Survivors Support Fund. (Amended by Stats. 2025, Ch. 82, Sec. 4. (AB 379) Effective January 1, 2026.)
  97. 647.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    A judge may add a fine of up to $70 for certain Section 647 violations, and the court must consider ability to pay and not deny probation for inability to pay this fine.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 647.1. In addition to any fine assessed under Section 647, the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates subdivision (a) or (b) of Section 647, or, if the offense involves intravenous use of a controlled substance, subdivision (f) of Section 647, with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendant’s ability to pay and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this section. (Added by Stats. 1988, Ch. 1243, Sec. 8.)
  98. 647.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    If a person is convicted under Section 647(f) and gets probation, the court may, with the defendant’s consent, require participation in the program in Vehicle Code Section 23509 as a probation condition.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 647.2. If a person is convicted of a violation of subdivision (f) of Section 647 and is granted probation, the court may order, with the consent of the defendant, as a term and condition of probation, in addition to any other term and condition required or authorized by law, that the defendant participate in the program prescribed in Section 23509 of the Vehicle Code. (Amended by Stats. 1998, Ch. 118, Sec. 1.21. Effective January 1, 1999. Operative July 1, 1999, by Sec. 85 of Ch. 118.)
  99. 647.3.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    A person reporting certain serious crimes cannot be arrested for specified related offenses, and possession of condoms alone cannot be used as probable cause for arrest in prostitution-related violations.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 647.3. (a) A person who reports being a victim of, or a witness to, a serious felony as defined in subdivision (c) of Section 1192.7, an assault in violation of subdivision (a) of Section 245, domestic violence in violation of Section 273.5, extortion in violation of Section 518, human trafficking in violation of Section 236.1, sexual battery in violation of subdivision (a) of Section 243.4, or stalking in violation of Section 646.9 shall not be arrested for any of the following offenses if that offense is related to the crime that the person is reporting or if the person was engaged in that offense at or around the time that the person was the victim of or witness to the crime they are reporting: (1) A misdemeanor violation of the California Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code). (2) A violation of Section 372 or subdivision (a) or (b) of Section 647, or former Section 653.22, if the offense is related to an act of prostitution. (b) Possession of condoms in any amount shall not provide a basis for probable cause for arrest for a violation of Section 372 or subdivision (a) or (b) of Section 647, or former Section 653.22 if the offense is related to an act of prostitution. (Amended by Stats. 2022, Ch. 86, Sec. 2. (SB 357) Effective January 1, 2023.)
  100. 647.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    The California Victim Compensation Board must create a grant program for community-based organizations serving victims of sex trafficking and exploitation.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 647.5. (a) The California Victim Compensation Board shall establish a grant program to provide grants to community-based organizations that provide direct services and outreach to victims of sex trafficking and exploitation. (b) The board shall, in a manner determined by the board, award grants described in subdivision (a) to community-based organizations that are led by survivors of sex trafficking or that are guided by substantial survivor input and that provide direct services to vulnerable individuals in areas with a high concentration of sex trafficking. (c) The Survivor Support Fund is hereby established in the State Treasury. Moneys in the Survivor Support Fund shall, upon appropriation by the Legislature, be available for the grants provided pursuant to subdivision (a). (Added by Stats. 2025, Ch. 82, Sec. 5. (AB 379) Effective January 1, 2026.)
  101. 647.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    This section punishes certain conduct involving children under 18, with fines, jail, or prison, and adds probation counseling and contact-order rules after conviction.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 647.6. (a) (1) Every person who annoys or molests any child under 18 years of age shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment. (2) Every person who, motivated by an unnatural or abnormal sexual interest in children, engages in conduct with an adult whom he or she believes to be a child under 18 years of age, which conduct, if directed toward a child under 18 years of age, would be a violation of this section, shall be punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail for up to one year, or by both that fine and imprisonment. (b) Every person who violates this section after having entered, without consent, an inhabited dwelling house, or trailer coach as defined in Section 635 of the Vehicle Code, or the inhabited portion of any other building, shall be punished by imprisonment in the state prison, or in a county jail not exceeding one year, and by a fine not exceeding five thousand dollars ($5,000). (c) (1) Every person who violates this section shall be punished upon the second and each subsequent conviction by imprisonment in the state prison. (2) Every person who violates this section after a previous felony conviction under Section 261, 264.1, 269, 285, 286, 287, 288.5, or 289, or former Section 288a, any of which involved a minor under 16 years of age, or a previous felony conviction under this section, a conviction under Section 288, or a felony conviction under Section 311.4 involving a minor under 14 years of age shall be punished by imprisonment in the state prison for two, four, or six years. (d) (1) In any case in which a person is convicted of violating this section and probation is granted, the court shall require counseling as a condition of probation, unless the court makes a written statement in the court record, that counseling would be inappropriate or ineffective. (2) In any case in which a person is convicted of violating this section, and as a condition of probation, the court prohibits the defendant from having contact with the victim, the court order prohibiting contact shall not be modified except upon the request of the victim and a finding by the court that the modification is in the best interest of the victim. As used in this paragraph, “contact with the victim” includes all physical contact, being in the presence of the victim, communication by any means, any communication by a third party acting on behalf of the defendant, and any gifts. (e) Nothing in this section prohibits prosecution under any other provision of law. (Amended by Stats. 2018, Ch. 423, Sec. 63. (SB 1494) Effective January 1, 2019.)
  102. 647.7.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    The court may order counseling as a probation condition for certain repeat Section 647 offenders, but must consider ability to pay and cannot deny probation for inability to pay. Repeat violations can trigger jail time and fines.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 647.7. (a) In any case in which a person is convicted of violating subdivision (i) or (j) of Section 647, the court may require counseling as a condition of probation. Any defendant so ordered to be placed in a counseling program shall be responsible for paying the expense of his or her participation in the counseling program as determined by the court. The court shall take into consideration the ability of the defendant to pay, and no defendant shall be denied probation because of his or her inability to pay. (b) Every person who, having been convicted of violating subdivision (i) or (j) of Section 647, commits a second or subsequent violation of subdivision (i) or (j) of Section 647, shall be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment, except as provided in subdivision (c). (c) Every person who, having been previously convicted of violating subdivision (i) or (j) of Section 647, commits a violation of paragraph (3) of subdivision (j) of Section 647 regardless of whether it is a first, second, or subsequent violation of that paragraph, shall be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 296, Sec. 209. (AB 1023) Effective January 1, 2012.)
  103. 647.8.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    This section lets specified public prosecutors seek forfeiture of certain “matter,” and sets notice, claim-filing, proof, and destruction procedures.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 647.8. (a) Matter that is obtained or distributed in violation of subdivision (j) of Section 647 and that is in the possession of any city, county, city and county, or state official or agency is subject to forfeiture pursuant to this section. (b) An action to forfeit matter described in subdivision (a) may be brought by the Attorney General, the district attorney, county counsel, or the city attorney. Proceedings shall be initiated by a petition of forfeiture filed in the superior court of the county in which the matter is located. (c) 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. The notice shall state that any interested party may file a verified claim with the superior court stating the amount of his or her claimed interest and an affirmation or denial of the prosecuting agency’s allegation. If the notice cannot be given by registered mail or personal delivery, the notice shall be published for at least three successive weeks in a newspaper of general circulation in the county where the property is located. All notices shall set forth the time within which a claim of interest in the property seized is required to be filed. (d) (1) Any person claiming an interest in the property or proceeds may, at any time within 30 days from the date of the first publication of the notice of seizure, or within 30 days after receipt of actual notice, file with the superior court of the county in which the action is pending a verified claim stating his or her interest in the property or proceeds. A verified copy of the claim shall be given by the claimant to the Attorney General or district attorney, county counsel, or city attorney, as appropriate. (2) If, at the end of the time set forth in paragraph (1), an interested person has not filed a claim, the court, upon motion, shall declare that the person has defaulted upon his or her alleged interest, and it shall be subject to forfeiture upon proof of compliance with subdivision (c). (e) The burden is on the petitioner to prove beyond a reasonable doubt that matter is subject to forfeiture pursuant to this section. (f) It is not necessary to seek or obtain a criminal conviction prior to the entry of an order for the destruction of matter pursuant to this section. Any matter described in subdivision (a) that is in the possession of any city, county, city and county, or state official or agency, including found property, or property obtained as the result of a case in which no trial was had or that has been disposed of by way of dismissal or otherwise than by way of conviction may be ordered destroyed. (g) A court order for destruction of matter described in subdivision (a) may be carried out by a police or sheriff’s department or by the Department of Justice. The court order shall specify the agency responsible for the destruction. (h) As used in this section, “matter” means any picture, photograph, image, motion picture, video tape, film, filmstrip, negative, slide, photocopy, or other pictorial representation, recording, or electrical reproduction. “Matter” also means any data storage media that contains the image at issue, but does not include the computer, camera, telecommunication or electronic device, unless the matter consists solely of electronic information stored on a device that cannot be altered or erased. (i) Prior for granting an order for destruction of matter pursuant to this section, the court may require the petitioner to demonstrate that the petition covers no more property than necessary to remove possession of the offending matter. (j) It is a defense in any forfeiture proceeding that the matter seized was lawfully possessed in aid of legitimate scientific or educational purposes. (Added by Stats. 2015, Ch. 291, Sec. 2. (SB 676) Effective January 1, 2016.)
  104. 647.9.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    First responders acting under color of authority may not photograph a deceased person at an accident or crime scene for non-official purposes, and employers of first responders must notify employees of this prohibition.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 647.9. (a) A first responder, operating under color of authority, who responds to the scene of an accident or crime and captures the photographic image of a deceased person by any means, including, but not limited to, by use of a personal electronic device or a device belonging to their employing agency, for any purpose other than an official law enforcement purpose or a genuine public interest is guilty of a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000) per violation. (b) An agency that employs first responders shall, on January 1, 2021, notify its employees who are first responders of the prohibition imposed by this section. (c) For purposes of this section, “first responder” means a state or local peace officer, paramedic, emergency medical technician, rescue service personnel, emergency manager, firefighter, coroner, or employee of a coroner. (Added by Stats. 2020, Ch. 219, Sec. 1. (AB 2655) Effective January 1, 2021.)
  105. 647a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    Peace officers may transport certain people to nearby shelters if the person agrees, and officers using due care are not liable for injuries or damages during the transport.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 647a. (a) Any peace officer, as defined in subdivision (a) of Section 830.1 or Section 830.31, 830.32, or 830.33, may transport any person, as quickly as is feasible, to the nearest homeless shelter, or any runaway youth or youth in crisis to the nearest runaway shelter, if the officer inquires whether the person desires the transportation, and the person does not object to the transportation. Any officer exercising due care and precaution shall not be liable for any damages or injury incurred during transportation. (b) Notwithstanding any other provision of law, this section shall become operative in a county only if the board of supervisors adopts the provisions of this section by ordinance. The ordinance shall include a provision requiring peace officers to determine the availability of space at the nearest homeless or runaway shelter prior to transporting any person. (Amended by Stats. 1998, Ch. 1065, Sec. 1. Effective January 1, 1999.)
  106. 647b

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    People who loiter around certain schools and annoy or molest anyone attending those courses may be fined, jailed, or both.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 647b. Every person who loiters about any school in which adults are in attendance at courses established pursuant to Chapter 10 (commencing with Section 52500) of Part 28 of the Education Code, and who annoys or molests any person in attendance therein shall be punished by a fine of not exceeding one thousand dollars ($1,000) or by imprisonment in the county jail for not exceeding six months, or by both such fine and imprisonment. (Amended by Stats. 1987, Ch. 828, Sec. 42.)
  107. 647c

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    A person may not willfully and maliciously block another person’s free movement in public places; doing so is a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 647c. Every person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place or on or in any place open to the public is guilty of a misdemeanor. Nothing in this section affects the power of a county or a city to regulate conduct upon a street, sidewalk, or other public place or on or in a place open to the public. (Amended by Stats. 1968, Ch. 122.)
  108. 647d

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    Subdivision (b) applies in a county only if the board of supervisors adopts it by ordinance after the required finding. A repeat defendant convicted under Section 647(f) faces at least 90 days in county jail, and the trial court may grant probation or suspend the sentence if it orders 60 days in an approved alcohol treatment program.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 647d. (a) Notwithstanding any other provision of law, subdivision (b) shall become operative in a county only if the board of supervisors adopts the provisions of subdivision (b) by ordinance after a finding that sufficient alcohol treatment and recovery facilities exist or will exist to accommodate the persons described in that subdivision. (b) In any accusatory pleading charging a violation of subdivision (f) of Section 647, if the defendant has been previously convicted two or more times of a violation of subdivision (f) of Section 647 within the previous 12 months, each such previous conviction shall be charged in the accusatory pleading. If two or more of the previous convictions are found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or are admitted by the defendant, the defendant shall be imprisoned in the county jail for a period of not less than 90 days. The trial court may grant probation or suspend the execution of sentence imposed upon the defendant if the court, as a condition of the probation or suspension, orders the defendant to spend 60 days in an alcohol treatment and recovery program in a facility which, as a minimum, meets the standards described in the guidelines for alcoholic recovery home programs issued by the Division of Alcohol Programs of the Department of Alcohol and Drug Abuse. (c) The provisions of Section 4019 shall apply to the conditional attendance of an alcohol treatment and recovery program described in subdivision (b). (Added by Stats. 1981, Ch. 1009, Sec. 1.)
  109. 647e

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    A local government may adopt an ordinance banning people carrying opened alcoholic beverage containers from entering or staying on certain posted liquor-store premises and nearby areas; violating the ordinance is an infraction.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 647e. (a) A city, county, or city and county may by local ordinance provide that no person who has in his or her possession any bottle, can or other receptacle containing any alcoholic beverage which has been opened, or a seal broken, or the contents of which have been partially removed, shall enter, be, or remain on the posted premises of, including the posted parking lot immediately adjacent to, any retail package off-sale alcoholic beverage licensee licensed pursuant to Division 9 (commencing with Section 23000) of the Business and Professions Code, or on any public sidewalk immediately adjacent to the licensed and posted premises. Any person violating any provision of such an ordinance shall be guilty of an infraction. (b) As used in subdivision (a), “posted premises” means those premises which are subject to licensure under any retail package off-sale alcoholic beverage license, the parking lot immediately adjacent to the licensed premises and any public sidewalk immediately adjacent to the licensed premises on which clearly visible notices indicate to the patrons of the licensee and parking lot and to persons on the public sidewalk, that the provisions of subdivision (a) are applicable. Any local ordinance adopted pursuant to this section shall require posting of the premises. (c) The provisions of this section shall not apply to a private residential parking lot which is immediately adjacent to the posted premises. Nothing in this section shall affect the power of a county or a city, or city and county, to regulate the possession of an opened alcoholic beverage in any public place or in a place open to the public. (Added by Stats. 1983, Ch. 514, Sec. 1. Effective July 28, 1983.)
  110. 648.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    A person must not make, issue, or circulate certain bills, checks, tickets, certificates, promissory notes, or bank paper to circulate as money unless authorized by U.S. law.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 648. Every person who makes, issues, or puts in circulation any bill, check, ticket, certificate, promissory note, or the paper of any bank, to circulate as money, except as authorized by the laws of the United States, for the first offense, is guilty of a misdemeanor, and for each and every subsequent offense, is guilty of felony. (Enacted 1872.)
  111. 648a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    This section bars making, selling, issuing, putting into circulation, or possessing for an illegal purpose any nonconforming slug or token, and requires certain markings, design limits, and posting rules for establishments that use them.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 648a. (a) Every person who has in his or her possession for any illegal purpose or who makes, sells, issues, or puts in circulation any slug or token that does not conform to the limitations on size, shape, weight, construction, and use specified in subdivision (b) is guilty of a misdemeanor. The term “slug” and the term “token,” as used in this section, mean any piece of metal or other material not a coin of the United States or a foreign country. However, tokens sold by and accepted as fares by electric railways and lettered checks having a returnable trade value shall not be subject to the provisions of this section. (b) (1) The slug or token shall either be clearly identified with the name and location of the establishment from which it originates on at least one side or shall contain an identifying mark or logo that clearly indicates the identity of the manufacturer. (2) The slug or token shall not be within any of the following diameter ranges in inches: (A) 0.680-0.775. (B) 0.810-0.860. (C) 0.910-0.980. (D) 1.018-1.068. (E) 1.180-1.230. (F) 1.475-1.525. (3) The slug or token shall not be manufactured from a three-layered material consisting of a copper-nickel alloy clad on both sides of a pure core, nor from a copper-based material except if the total of zinc, nickel, aluminum, magnesium, and other alloying materials is at least 20 percent of the token’s weight. (4) The slug or token shall not possess sufficient magnetic properties so as to be accepted by a coin mechanism. (5) The design on the slug or token shall not resemble any current or past foreign or United States coinage. (6) Establishments using these slugs or tokens shall prominently and conspicuously post signs on their premises notifying patrons that federal law prohibits the use of the slugs or tokens outside the premises for any monetary purpose. (7) The issuing establishment shall not accept slugs or tokens as payment for any goods or services offered by the establishment with the exception of the specific use for which the slugs or tokens were designed. (Amended by Stats. 1997, Ch. 354, Sec. 1. Effective January 1, 1998.)
  112. 649.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    Taxi and other vehicle transporters must not knowingly misdirect hotel or lodging guests, or take them to a different place than they requested.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 649. Any person engaged in the transportation of persons by taxicab or other means of conveyance who knowingly misdirects a prospective guest of any hotel, inn, boardinghouse or lodginghouse or knowingly takes such a prospective guest to a hotel, inn, boardinghouse or lodginghouse different from that of his instructions from such prospective guest is guilty of a misdemeanor. (Added by Stats. 1953, Ch. 32.)
  113. 649a

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    Hotel, inn, boardinghouse, or lodginghouse operators may not pay someone to use false statements or misrepresentations to steer prospective guests to a different lodging establishment.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 649a. Any person engaged in the operation of any hotel, inn, boardinghouse or lodginghouse who pays another any compensation for inducing or attempting to induce, by false statement or misrepresentation, prospective guests of a given hotel, inn, boardinghouse or lodginghouse to enter, lodge at or become a guest of any other hotel, inn, boardinghouse or lodginghouse is guilty of a misdemeanor. (Added by Stats. 1953, Ch. 32.)
  114. 6500.

    ## 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 10.9. Prisoner Protections for Family and Community Health Act [6500- 6500.] ( Chapter 10.9 added by Stats. 2014, Ch. 587, Sec. 2. )

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    The Department of Corrections and Rehabilitation must develop a five-year plan to expand condom availability in all California prisons.

    ## 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 10.9. Prisoner Protections for Family and Community Health Act [6500- 6500.] ( Chapter 10.9 added by Stats. 2014, Ch. 587, Sec. 2. ) ## 6500. Based on the recommendations contained in the “Evaluation of a Prisoner Condom Access Pilot Program Conducted in One California State Prison Facility” report, and in light of the successful pilot project conducted at California State Prison, Solano, the Department of Corrections and Rehabilitation shall develop a five-year plan to expand the availability of condoms in all California prisons. (Added by Stats. 2014, Ch. 587, Sec. 2. (AB 966) Effective January 1, 2015.)
  115. 651.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    It is a misdemeanor for any person to trade in Federal order stamps, except for the foods or cotton goods for which they were issued.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 651. It is a misdemeanor for any person to buy, receive, sell, give away, dispose of, exchange or barter any Federal order stamps except for the foods or cotton goods for which they are issued. This section does not apply to any person buying, receiving, selling, giving away, disposing of, exchanging or bartering any Federal order stamps subsequent to the redemption of such stamps in the manner provided by State or Federal law for the foods or cotton goods for which they are issued. As used in this section, Federal order stamps refers to stamps issued by the United States Department of Agriculture or its duly authorized agent for food and surplus food or cotton and surplus cotton. (Added by Stats. 1941, Ch. 682.)
  116. 652.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    A person may not perform or offer body piercing on someone under 18 unless a parent or guardian is present or has given notarized written direction.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 652. (a) It shall be an infraction for any person to perform or offer to perform body piercing upon a person under the age of 18 years, unless the body piercing is performed in the presence of, or as directed by a notarized writing by, the person’s parent or guardian. (b) This section does not apply to the body piercing of an emancipated minor. (c) As used in this section, “body piercing” means the creation of an opening in the body of a human being for the purpose of inserting jewelry or other decoration, including, but not limited to, the piercing of a lip, tongue, nose, or eyebrow. “Body piercing” does not include the piercing of an ear. (d) Neither the minor upon whom the body piercing was performed, nor the parent or guardian of that minor, nor any other minor is liable for punishment under this section. (Amended by Stats. 2006, Ch. 538, Sec. 502. Effective January 1, 2007.)
  117. 653.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    People may not tattoo or offer to tattoo anyone under 18, except for a licensed healing-arts practitioner acting in the course of practice.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 653. Every person who tattoos or offers to tattoo a person under the age of 18 years is guilty of a misdemeanor. As used in this section, to “tattoo” means to insert pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin. This section is not intended to apply to any act of a licensed practitioner of the healing arts performed in the course of his practice. (Added by Stats. 1955, Ch. 1422.)
  118. 653.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    Do not release certain conductive balloons outdoors for public, civic, promotional, or advertising events, subject to listed exceptions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 653.1. (a) No person or group shall release, outdoors, balloons made of electrically conductive material and filled with a gas lighter than air, as part of a public or civic event, promotional activity, or product advertisement. (b) Any person who violates this section shall be guilty of an infraction punishable by a fine not exceeding one hundred dollars ($100). Any person who violates this section who has been previously convicted twice of violating this section shall be guilty of a misdemeanor. (c) This section shall not apply to manned hot air balloons, or to balloons used in governmental or scientific research projects. (Amended by Stats. 2018, Ch. 262, Sec. 2. (AB 2450) Effective January 1, 2019.)
  119. 653.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    It is a misdemeanor to use electronic communication to spread certain personal identifying information or harassing messages about someone, when done to cause fear or imminent harassment and without that person’s consent.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 653.2. (a) Every person who, with intent to place another person in reasonable fear for his or her safety, or the safety of the other person’s immediate family, by means of an electronic communication device, and without consent of the other person, and for the purpose of imminently causing that other person unwanted physical contact, injury, or harassment, by a third party, electronically distributes, publishes, e-mails, hyperlinks, or makes available for downloading, personal identifying information, including, but not limited to, a digital image of another person, or an electronic message of a harassing nature about another person, which would be likely to incite or produce that unlawful action, is guilty of a misdemeanor punishable by up to one year in a county jail, by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment. (b) For purposes of this section, “electronic communication device” includes, but is not limited to, telephones, cell phones, computers, Internet Web pages or sites, Internet phones, hybrid cellular/Internet/wireless devices, personal digital assistants (PDAs), video recorders, fax machines, or pagers. “Electronic communication” has the same meaning as the term is defined in Section 2510(12) of Title 18 of the United States Code. (c) For purposes of this section, the following terms apply: (1) “Harassment” means a knowing and willful course of conduct directed at a specific person that a reasonable person would consider as seriously alarming, seriously annoying, seriously tormenting, or seriously terrorizing the person and that serves no legitimate purpose. (2) “Of a harassing nature” means of a nature that a reasonable person would consider as seriously alarming, seriously annoying, seriously tormenting, or seriously terrorizing of the person and that serves no legitimate purpose. (Amended by Stats. 2009, Ch. 140, Sec. 144. (AB 1164) Effective January 1, 2010.)
  120. 653.23.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2.5. Loitering for the Purpose of Engaging in a Prostitution Offense [653.23 - 653.29] ( Chapter 2.5 added by Stats. 1995, Ch. 981, Sec. 4. )

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    A person must not help someone violate Section 647(b) or take prostitution proceeds earned by another person.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2.5. Loitering for the Purpose of Engaging in a Prostitution Offense [653.23 - 653.29] ( Chapter 2.5 added by Stats. 1995, Ch. 981, Sec. 4. ) ## 653.23. (a) It is unlawful for a person to do either of the following: (1) Direct, supervise, recruit, or otherwise aid another person in the commission of a violation of subdivision (b) of Section 647. (2) Collect or receive all or part of the proceeds earned from an act or acts of prostitution committed by another person in violation of subdivision (b) of Section 647. (b) Nothing in this section shall preclude the prosecution of a suspect for a violation of Section 266h or 266i or for any other offense, or for a violation of this section in conjunction with a violation of Section 266h or 266i or any other offense. (Amended by Stats. 2022, Ch. 86, Sec. 5. (SB 357) Effective January 1, 2023.)
  121. 653.24.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2.5. Loitering for the Purpose of Engaging in a Prostitution Offense [653.23 - 653.29] ( Chapter 2.5 added by Stats. 1995, Ch. 981, Sec. 4. )

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    If part of this chapter is held invalid or unconstitutional, that part is treated as separate and the rest of the chapter remains valid.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2.5. Loitering for the Purpose of Engaging in a Prostitution Offense [653.23 - 653.29] ( Chapter 2.5 added by Stats. 1995, Ch. 981, Sec. 4. ) ## 653.24. If any section, subdivision, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct, and independent provision, and that holding shall not affect the validity of the remaining portion of the chapter. (Added by Stats. 1995, Ch. 981, Sec. 4. Effective January 1, 1996.)
  122. 653.25.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2.5. Loitering for the Purpose of Engaging in a Prostitution Offense [653.23 - 653.29] ( Chapter 2.5 added by Stats. 1995, Ch. 981, Sec. 4. )

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    A person may not loiter in a public place with the intent to purchase commercial sex.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2.5. Loitering for the Purpose of Engaging in a Prostitution Offense [653.23 - 653.29] ( Chapter 2.5 added by Stats. 1995, Ch. 981, Sec. 4. ) ## 653.25. (a) It is unlawful for any person to loiter in any public place with the intent to purchase commercial sex. This intent is evidenced by acting in a manner and under circumstances that openly demonstrate the purpose of inducing, enticing, or soliciting prostitution, or procuring another to commit prostitution such as circling an area in a motor vehicle and repeatedly beckoning to, contacting, or attempting to contact or stop pedestrians or other motorists, making unauthorized stops along known prostitution tracks, or engaging in other conduct indicative of soliciting to procure another to engage in commercial sex. (b) A violation of this section shall, in addition to any other punishment, be punished by a fine of one thousand dollars ($1,000). Fines collected pursuant to this subdivision shall be deposited in the Survivor Support Fund. (Added by Stats. 2025, Ch. 82, Sec. 6. (AB 379) Effective January 1, 2026.)
  123. 653.26.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2.5. Loitering for the Purpose of Engaging in a Prostitution Offense [653.23 - 653.29] ( Chapter 2.5 added by Stats. 1995, Ch. 981, Sec. 4. )

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    Breaking any provision in this chapter is a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2.5. Loitering for the Purpose of Engaging in a Prostitution Offense [653.23 - 653.29] ( Chapter 2.5 added by Stats. 1995, Ch. 981, Sec. 4. ) ## 653.26. A violation of any provision of this chapter is a misdemeanor. (Added by Stats. 1995, Ch. 981, Sec. 4. Effective January 1, 1996.)
  124. 653.28.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2.5. Loitering for the Purpose of Engaging in a Prostitution Offense [653.23 - 653.29] ( Chapter 2.5 added by Stats. 1995, Ch. 981, Sec. 4. )

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    Local governing bodies may adopt and enforce laws that are consistent with this chapter and related prostitution laws.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2.5. Loitering for the Purpose of Engaging in a Prostitution Offense [653.23 - 653.29] ( Chapter 2.5 added by Stats. 1995, Ch. 981, Sec. 4. ) ## 653.28. Nothing in this chapter or Chapter 2 (commencing with Section 639) shall prevent a local governing body from adopting and enforcing laws consistent with these chapters relating to prostitution or prostitution-related activity. Where local laws duplicate or supplement this chapter or Chapter 2 (commencing with Section 639), these chapters shall be construed as providing alternative remedies and not to preempt the field. (Added by Stats. 1995, Ch. 981, Sec. 4. Effective January 1, 1996.)
  125. 653.29.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2.5. Loitering for the Purpose of Engaging in a Prostitution Offense [653.23 - 653.29] ( Chapter 2.5 added by Stats. 1995, Ch. 981, Sec. 4. )

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    This section lets certain people tied to former Section 653.22 ask the court to recall, dismiss, and seal the conviction, and requires the court and Judicial Council to take specified steps.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2.5. Loitering for the Purpose of Engaging in a Prostitution Offense [653.23 - 653.29] ( Chapter 2.5 added by Stats. 1995, Ch. 981, Sec. 4. ) ## 653.29. (a) (1) A person currently serving a sentence for a conviction of violating former Section 653.22, whether by trial or by open or negotiated plea, may petition for a recall or dismissal of sentence before the trial court that entered the judgment of conviction in the case to request resentencing or dismissal, and sealing, as applicable. (2) Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1), the court shall grant the petition to recall the sentence or dismiss the sentence because it is legally invalid and shall seal the conviction as legally invalid. (b) (1) A person who has completed their sentence for a conviction of violating former Section 653.22, whether by trial or open or negotiated plea, may file an application before the trial court that entered the judgment of conviction in their case to have the conviction dismissed and sealed because the prior conviction is now legally invalid. (2) The court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the application proves by clear and convincing evidence that the petitioner does not satisfy the criteria in paragraph (1). Once the applicant satisfies the criteria in paragraph (1), the court shall seal the conviction as legally invalid. (c) Unless requested by the applicant, no hearing is necessary to grant or deny an application filed under subdivision (b). (d) If the court that originally sentenced the petitioner is not available, the presiding judge shall designate another judge to rule on the petition or application. (e) Nothing in this section is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner or applicant. (f) The Judicial Council shall promulgate and make available all necessary forms to enable the filing of the petitions and applications provided in this section. (Amended by Stats. 2023, Ch. 131, Sec. 150. (AB 1754) Effective January 1, 2024.)
  126. 653.55.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 3. Immigration Matters [653.55 - 653.61] ( Chapter 3 added by Stats. 1974, Ch. 999. )

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    A person acting for compensation must not knowingly make a false or misleading material statement of fact when preparing an immigration matter if another person relies on it.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 3. Immigration Matters [653.55 - 653.61] ( Chapter 3 added by Stats. 1974, Ch. 999. ) ## 653.55. It is a misdemeanor for any person for compensation to knowingly make a false or misleading material statement or assertion of fact in the preparation of an immigration matter which statement or assertion is detrimentally relied upon by another. Such a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both. (Amended by Stats. 1976, Ch. 1125.)
  127. 653.56.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 3. Immigration Matters [653.55 - 653.61] ( Chapter 3 added by Stats. 1974, Ch. 999. )

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    This section defines key terms used in this chapter, including compensation, immigration matter, person, and preparation.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 3. Immigration Matters [653.55 - 653.61] ( Chapter 3 added by Stats. 1974, Ch. 999. ) ## 653.56. For purposes of this chapter: (a) “Compensation” means money, property, or anything else of value. (b) “Immigration matter” means any proceeding, filing, or action affecting the immigration or citizenship status of any person which arises under immigration and naturalization law, executive order or presidential proclamation, or action of the United States Immigration and Customs Enforcement, the United States Department of State, or the United States Department of Labor. (c) “Person” means any individual, firm, partnership, corporation, limited liability company, association, other organization, or any employee or agent thereof. (d) “Preparation” means giving advice on an immigration matter and includes drafting an application, brief, document, petition, or other paper, or completing a form provided by a federal or state agency in an immigration matter. (Amended by Stats. 2011, Ch. 296, Sec. 210. (AB 1023) Effective January 1, 2012.)
  128. 653.57.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 3. Immigration Matters [653.55 - 653.61] ( Chapter 3 added by Stats. 1974, Ch. 999. )

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    People violating this chapter may be enjoined, and the superior court must issue an injunction or other appropriate order after proof of violation in an action brought by specified public prosecutors.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 3. Immigration Matters [653.55 - 653.61] ( Chapter 3 added by Stats. 1974, Ch. 999. ) ## 653.57. Any person violating the provisions of this chapter may be enjoined by any superior court of competent jurisdiction upon an action for injunction, brought by the Attorney General, or any district attorney, county counsel, city attorney, or city prosecutor in this state, and the superior court shall, after proof of violation, issue an injunction or other appropriate order restraining such conduct. (Added by Stats. 1974, Ch. 999.)
  129. 653.58.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 3. Immigration Matters [653.55 - 653.61] ( Chapter 3 added by Stats. 1974, Ch. 999. )

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    A person who intentionally violates an injunction under Section 653.57 can be fined up to $2,500 per violation.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 3. Immigration Matters [653.55 - 653.61] ( Chapter 3 added by Stats. 1974, Ch. 999. ) ## 653.58. Any person who intentionally violates any injunction issued pursuant to Section 653.57 shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation. Where the conduct constituting a violation is of a continuing nature, each day of such conduct is a separate and distinct violation. (Amended by Stats. 1976, Ch. 1125.)
  130. 653.59.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 3. Immigration Matters [653.55 - 653.61] ( Chapter 3 added by Stats. 1974, Ch. 999. )

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    A person who violates this chapter can be hit with a civil penalty of up to $2,500 for each violation.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 3. Immigration Matters [653.55 - 653.61] ( Chapter 3 added by Stats. 1974, Ch. 999. ) ## 653.59. Any person who violates any provision of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, or any district attorney, county counsel, city attorney, or city prosecutor in this state in any court of competent jurisdiction. If the civil action was brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the State General Fund. If the civil action was brought by a district attorney or county counsel, the entire amount of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If the civil action was brought by a city attorney or city prosecutor, one-half of the penalty shall be paid to the treasurer of the county in which the judgment was entered and one-half to the city. The action may be brought upon the complaint of any person acting for the interests of itself, or members, or the general public. (Added by Stats. 1974, Ch. 999.)
  131. 653.60.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 3. Immigration Matters [653.55 - 653.61] ( Chapter 3 added by Stats. 1974, Ch. 999. )

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    A person injured by a violation of this chapter may recover damages, at least $500 if greater, plus court costs and reasonable attorney’s fees.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 3. Immigration Matters [653.55 - 653.61] ( Chapter 3 added by Stats. 1974, Ch. 999. ) ## 653.60. Any person injured by violation of this chapter may recover: (a) his actual damages or five hundred dollars ($500), whichever is greater; and (b) the costs of the suit, including reasonable attorney’s fees. (Added by Stats. 1974, Ch. 999.)
  132. 653.61.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 3. Immigration Matters [653.55 - 653.61] ( Chapter 3 added by Stats. 1974, Ch. 999. )

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    Penalties and remedies under this chapter are cumulative with each other and with other California laws.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 3. Immigration Matters [653.55 - 653.61] ( Chapter 3 added by Stats. 1974, Ch. 999. ) ## 653.61. The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this state. (Added by Stats. 1974, Ch. 999.)
  133. 653.75.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 4. Crimes Committed while in Custody in Correctional Facilities [653.75- 653.75.] ( Chapter 4 added by Stats. 1987, Ch. 1005, Sec. 1. )

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    A person who commits any public offense while in custody in a local detention facility or state prison is guilty of a crime.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 4. Crimes Committed while in Custody in Correctional Facilities [653.75- 653.75.] ( Chapter 4 added by Stats. 1987, Ch. 1005, Sec. 1. ) ## 653.75. Any person who commits any public offense while in custody in any local detention facility, as defined in Section 6031.4, or any state prison, as defined in Section 4504, is guilty of a crime. That crime shall be punished as provided in the section prescribing the punishment for that public offense. (Added by Stats. 1987, Ch. 1005, Sec. 1.)
  134. 653b

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    This section makes certain loitering or returning to school or nearby public places where children gather a punishable offense, with higher penalties for some registered sex offenders.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 653b. (a) Except as provided in subdivision (b) or (c), every person who loiters about any school or public place at or near which children attend or normally congregate and who remains at any school or public place at or near which children attend or normally congregate, or who reenters or comes upon a school or place within 72 hours, after being asked to leave by the chief administrative official of that school or, in the absence of the chief administrative official, the person acting as the chief administrative official, or by a member of the security patrol of the school district who has been given authorization, in writing, by the chief administrative official of that school to act as his or her agent in performing this duty, or a city police officer, or sheriff or deputy sheriff, or Department of the California Highway Patrol peace officer is a vagrant, and is punishable by a fine of not exceeding one thousand dollars ($1,000) or by imprisonment in a county jail for a period not exceeding six months, or by both that fine and imprisonment. (b) Every person required to register as a sex offender who violates subdivision (a) shall be punished as follows: (1) Upon a first conviction, by a fine not exceeding two thousand dollars ($2,000), by imprisonment in a county jail for a period of not more than six months, or by both that fine and imprisonment. (2) If the defendant has been previously convicted once of a violation of this section or former Section 653g, by imprisonment in a county jail for a period of not less than 10 days or more than six months, or by both imprisonment and a fine of not exceeding two thousand dollars ($2,000), and shall not be released on probation, parole, or any other basis until he or she has served at least 10 days. (3) If the defendant has been previously convicted two or more times of a violation of this section or former Section 653g, by imprisonment in a county jail for a period of not less than 90 days or more than six months, or by both imprisonment and a fine of not exceeding two thousand dollars ($2,000), and shall not be released on probation, parole, or any other basis until he or she has served at least 90 days. (c) Any person required to register with the chief of police or sheriff pursuant to Section 186.30 who violates subdivision (a) shall be punished as follows: (1) Upon first conviction, by a fine not exceeding one thousand dollars ($1,000), by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. (2) Upon a second conviction, by a fine not exceeding two thousand dollars ($2,000), by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. The court shall consider a period of imprisonment of at least 10 days. (3) If the defendant has been previously convicted two or more times, by a fine not exceeding two thousand dollars ($2,000), by imprisonment in a county jail for a period of not more than one year, or by both that fine and imprisonment. The court shall consider a period of imprisonment of at least 90 days. (d) As used in this section, “loiter” means to delay, to linger, or to idle about a school or public place without lawful business for being present. (e) Nothing in this section shall preclude or prohibit prosecution under any other provision of law. (Amended by Stats. 2009, Ch. 592, Sec. 1. (SB 492) Effective January 1, 2010.)
  135. 653c

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    Certain sex offenders must not enter or stay on the grounds of day care or residential facilities for elders or dependent adults unless they have registered with the facility administrator or designee, and they must provide identifying information to register.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 653c. (a) No person required to register as a sex offender pursuant to Section 290 for an offense committed against an elder or dependent adult, as defined in Section 368, other than a resident of the facility, shall enter or remain on the grounds of a day care or residential facility where elders or dependent adults are regularly present or living, without having registered with the facility administrator or his or her designees, except to proceed expeditiously to the office of the facility administrator or designee for the purpose of registering. (b) In order to register pursuant to subdivision (a), a sex offender shall advise the facility administrator or designee that he or she is a sex offender; provide his or her name, address, and purpose for entering the facility; and provide proof of identity. (c) The facility administrator may refuse to register, impose restrictions on registration, or revoke the registration of a sex offender if he or she has a reasonable basis for concluding that the offender’s presence or acts would disrupt, or have disrupted, the facility, any resident, employee, volunteer, or visitor; would result, or has resulted, in damage to property; the offender’s presence at the facility would interfere, or has interfered, with the peaceful conduct of the activities of the facility; or would otherwise place at risk the facility, or any employee, volunteer or visitor. (d) Punishment for any violation of this section shall be as follows: (1) Upon a first conviction by a fine of not exceeding two thousand dollars ($2,000), by imprisonment in a county jail for a period of not more than six months, or by both that fine and imprisonment. (2) If the defendant has been previously convicted once of a violation of this section, by imprisonment in a county jail for a period of not less than 10 days or more than six months, or by both imprisonment and a fine of not exceeding two thousand dollars ($2,000), and shall not be released on probation, parole, or any other basis until he or she has served at least 10 days. (3) If the defendant has been previously convicted two or more times of a violation of this section, by imprisonment in a county jail for a period of not less than 90 days or more than six months, or by both imprisonment and a fine of not exceeding two thousand dollars ($2,000), and shall not be released on probation, parole, or any other basis until he or she has served at least 90 days. (e) Nothing in this section shall preclude or prohibit prosecution under any other provision of law. (Added by Stats. 2006, Ch. 337, Sec. 28. Effective September 20, 2006.)
  136. 653d

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    Sellers of mining machinery must give the buyer a bill of sale at the time of sale and keep a written sale record; buyers in this state must keep a purchase record.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 653d. Every person who sells machinery used or to be used for mining purposes who fails to give to the buyer, at the time of sale, a bill of sale for the machinery, or who fails to keep a written record of the sale, giving the date thereof, describing the machinery, and showing the name and address of the buyer, and every buyer of such machinery, if in this State, who fails to keep a record of his purchase of such machinery, giving the name and address of the seller, describing the machinery, and showing the date of the purchase, is guilty of a misdemeanor. (Added by Stats. 1959, Ch. 222.)
  137. 653f

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    This section punishes people who intentionally solicit others to commit certain crimes, with different jail terms and fines depending on the underlying offense.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 653f. (a) Every person who, with the intent that the crime be committed, solicits another to offer, accept, or join in the offer or acceptance of a bribe, or to commit or join in the commission of carjacking, robbery, burglary, grand theft, receiving stolen property, extortion, perjury, subornation of perjury, forgery, kidnapping, arson or assault with a deadly weapon or instrument or by means of force likely to produce great bodily injury, or, by the use of force or a threat of force, to prevent or dissuade any person who is or may become a witness from attending upon, or testifying at, any trial, proceeding, or inquiry authorized by law, shall be punished by imprisonment in a county jail for not more than one year or pursuant to subdivision (h) of Section 1170, or by a fine of not more than ten thousand dollars ($10,000), or the amount which could have been assessed for commission of the offense itself, whichever is greater, or by both the fine and imprisonment. (b) Every person who, with the intent that the crime be committed, solicits another to commit or join in the commission of murder shall be punished by imprisonment in the state prison for three, six, or nine years. (c) Every person who, with the intent that the crime be committed, solicits another to commit rape by force or violence, sodomy by force or violence, oral copulation by force or violence, or any violation of Section 264.1, 288, or 289, shall be punished by imprisonment in the state prison for two, three, or four years. (d) (1) Every person who, with the intent that the crime be committed, solicits another to commit an offense specified in Section 11352, 11379, 11379.5, 11379.6, or 11391 of the Health and Safety Code shall be punished by imprisonment in a county jail not exceeding six months. Every person who, having been convicted of soliciting another to commit an offense specified in this subdivision, is subsequently convicted of the proscribed solicitation, shall be punished by imprisonment in a county jail not exceeding one year, or pursuant to subdivision (h) of Section 1170. (2) This subdivision does not apply where the term of imprisonment imposed under other provisions of law would result in a longer term of imprisonment. (e) Every person who, with the intent that the crime be committed, solicits another to commit an offense specified in Section 14014 of the Welfare and Institutions Code shall be punished by imprisonment in a county jail for not exceeding six months. Every person who, having been convicted of soliciting another to commit an offense specified in this subdivision, is subsequently convicted of the proscribed solicitation, shall be punished by imprisonment in a county jail not exceeding one year, or pursuant to subdivision (h) of Section 1170. (f) (1) Every person who, with the intent that the crime be committed, solicits another to commit an offense set forth in Section 502 shall be punished as set forth in paragraph (3). (2) Every person who, with the intent that the crime be committed, offers to solicit assistance for another to conduct activities in violation of Section 502 shall be punished as set forth in paragraph (3). This includes persons operating Internet Web sites that offer to assist others in locating hacking services. For the purposes of this section “hacking services” means assistance in the unauthorized access to computers, computer systems, or data in violation of Section 502. (3) Every person who violates this subdivision shall be punished by imprisonment in a county jail for a period not to exceed six months. Every subsequent violation of this subdivision by that same person shall be punished by imprisonment in a county jail not exceeding one year. (g) An offense charged in violation of subdivision (a), (b), or (c) shall be proven by the testimony of two witnesses, or of one witness and corroborating circumstances. An offense charged in violation of subdivision (d), (e), or (f) shall be proven by the testimony of one witness and corroborating circumstances. (h) Nothing in this section precludes prosecution under any other law that provides for a greater punishment. (Amended by Stats. 2015, Ch. 552, Sec. 1. (AB 195) Effective January 1, 2016.)
  138. 653h

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    This section makes it a public offense to transfer, transport, sell, resell, rent, or possess certain sound recordings without the owner’s consent, and it sets criminal penalties and limited exemptions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 653h. (a) Every person is guilty of a public offense punishable as provided in subdivisions (b) and (c), who: (1) Knowingly and willfully transfers or causes to be transferred any sounds that have been recorded on a phonograph record, disc, wire, tape, film or other article on which sounds are recorded, with intent to sell or cause to be sold, or to use or cause to be used for commercial advantage or private financial gain through public performance, the article on which the sounds are so transferred, without the consent of the owner. (2) Transports for monetary or like consideration within this state or causes to be transported within this state any such article with the knowledge that the sounds thereon have been so transferred without the consent of the owner. (b) Any person who has been convicted of a violation of subdivision (a), shall be punished by imprisonment in the county jail not to exceed one year, by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, or by a fine not to exceed five hundred thousand dollars ($500,000), or by both that fine and imprisonment, if the offense involves the transfer or transportation, or conduct causing that transfer or transportation, of not less than 1,000 of the articles described in subdivision (a). (c) Any person who has been convicted of any other violation of subdivision (a) not described in subdivision (b), shall be punished by imprisonment in the county jail not to exceed one year, or by a fine of not more than fifty thousand dollars ($50,000), or by both that fine and imprisonment. A second or subsequent conviction under subdivision (a) not described in subdivision (b) shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 or by a fine not to exceed two hundred thousand dollars ($200,000), or by both that fine and imprisonment. (d) Every person who offers for sale or resale, or sells or resells, or causes the sale or resale, or rents, or possesses for these purposes, any article described in subdivision (a) with knowledge that the sounds thereon have been so transferred without the consent of the owner is guilty of a public offense. (1) A violation of subdivision (d) involving not less than 100 of those articles shall be punishable by imprisonment in a county jail not to exceed one year or by a fine not to exceed twenty thousand dollars ($20,000), or by both that fine and imprisonment. A second or subsequent conviction for the conduct described in this paragraph shall be punishable by imprisonment in the county jail not to exceed one year or pursuant to subdivision (h) of Section 1170, or by a fine not to exceed fifty thousand dollars ($50,000), or by both that fine and imprisonment. (2) A person who has been convicted of any violation of this subdivision not described in paragraph (1) shall be punished by imprisonment in the county jail not to exceed six months or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment. A second conviction for the conduct described in this paragraph shall be punishable by imprisonment in the county jail not to exceed one year or by a fine not to exceed twenty thousand dollars ($20,000), or by both that fine and imprisonment. A third or subsequent conviction for the conduct described in this paragraph shall be punishable by imprisonment in the county jail not to exceed one year or pursuant to subdivision (h) of Section 1170, or by a fine not to exceed fifty thousand dollars ($50,000), or by both that fine and imprisonment. (e) As used in this section, “person” means any individual, partnership, partnership’s member or employee, corporation, limited liability company, association or corporation or association employee, officer or director; “owner” means the person who owns the original master recording embodied in the master phonograph record, master disc, master tape, master film or other article used for reproducing recorded sounds on phonograph records, discs, tapes, films or other articles on which sound is or can be recorded, and from which the transferred recorded sounds are directly or indirectly derived; and “master recording” means the original fixation of sounds upon a recording from which copies can be made. (f) This section shall neither enlarge nor diminish the right of parties in private litigation. (g) This section does not apply to any person engaged in radio or television broadcasting who transfers, or causes to be transferred, any such sounds (other than from the sound track of a motion picture) intended for, or in connection with, broadcast transmission or related uses, or for archival purposes. (h) This section does not apply to any not-for-profit educational institution or any federal or state governmental entity, if the institution or entity has as a primary purpose the advancement of the public’s knowledge and the dissemination of information regarding America’s musical cultural heritage, provided that this purpose is clearly set forth in the institution’s or entity’s charter, bylaws, certificate of incorporation, or similar document, and the institution or entity has, prior to the transfer, made a good faith effort to identify and locate the owner or owners of the sound recordings to be transferred and, provided that the owner or owners could not be and have not been located. Nothing in this section shall be construed to relieve an institution or entity of its contractual or other obligation to compensate the owners of sound recordings to be transferred. In order to continue the exemption permitted by this subdivision, the institution or entity shall make continuing efforts to locate such owners and shall make an annual public notice of the fact of the transfers in newspapers of general circulation serving the jurisdictions where the owners were incorporated or doing business at the time of initial affixations. The institution or entity shall keep on file a record of the efforts made to locate such owners for inspection by appropriate governmental agencies. (i) This section applies only to those articles that were initially mastered prior to February 15, 1972. (Amended by Stats. 2011, Ch. 15, Sec. 433. (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.)
  139. 653i

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    A person involved in a skiing accident must not leave the scene if they know, or have reason to believe, another person needs medical or other assistance, unless they are notifying authorities or getting help.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 653i. Any person who is involved in a skiing accident and who leaves the scene of the accident knowing or having reason to believe that any other person involved in the accident is in need of medical and other assistance, except to notify the proper authorities or to obtain assistance, shall be guilty of an infraction punishable by fine not exceeding one thousand dollars ($1,000). (Added by Stats. 1977, Ch. 870.)
  140. 653j

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    Adults 18 or older must not voluntarily pressure or persuade a minor to commit certain felonies, and violations carry prison terms.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 653j. (a) Every person 18 years of age or older who, in any voluntary manner, solicits, induces, encourages, or intimidates any minor with the intent that the minor shall commit a felony in violation of paragraph (1) of subdivision (c) of Section 136.1 or Section 187, 211, 215, 245, 246, 451, 459, or 520 of the Penal Code, or Section 10851 of the Vehicle Code, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for a period of three, five, or seven years. If the minor is 16 years of age or older at the time of the offense, this section shall only apply when the adult is at least five years older than the minor at the time the offense is committed. (b) In no case shall the court impose a sentence pursuant to subdivision (a) which exceeds the maximum penalty prescribed for the felony offense for which the minor was solicited, induced, encouraged, or intimidated to commit. (c) Whenever a sentence is imposed under subdivision (a), the court shall consider the severity of the underlying crime as one of the circumstances in aggravation. (Amended by Stats. 2011, Ch. 15, Sec. 434. (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.)
  141. 653m

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    This section makes certain annoying or harassing phone or electronic communications a misdemeanor, and lets a court require counseling as a probation condition.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 653m. (a) Every person who, with intent to annoy, telephones or makes contact by means of an electronic communication device with another and addresses to or about the other person any obscene language or addresses to the other person any threat to inflict injury to the person or property of the person addressed or any member of his or her family, is guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith. (b) Every person who, with intent to annoy or harass, makes repeated telephone calls or makes repeated contact by means of an electronic communication device, or makes any combination of calls or contact, to another person is, whether or not conversation ensues from making the telephone call or contact by means of an electronic communication device, guilty of a misdemeanor. Nothing in this subdivision shall apply to telephone calls or electronic contacts made in good faith or during the ordinary course and scope of business. (c) Any offense committed by use of a telephone may be deemed to have been committed when and where the telephone call or calls were made or received. Any offense committed by use of an electronic communication device or medium, including the Internet, may be deemed to have been committed when and where the electronic communication or communications were originally sent or first viewed by the recipient. (d) Subdivision (a) or (b) is violated when the person acting with intent to annoy makes a telephone call or contact by means of an electronic communication device requesting a return call and performs the acts prohibited under subdivision (a) or (b) upon receiving the return call. (e) Subdivision (a) or (b) is violated when a person knowingly permits any telephone or electronic communication under the person’s control to be used for the purposes prohibited by those subdivisions. (f) If probation is granted, or the execution or imposition of sentence is suspended, for any person convicted under this section, the court may order as a condition of probation that the person participate in counseling. (g) For purposes of this section, the term “electronic communication device” includes, but is not limited to, telephones, cellular phones, computers, video recorders, facsimile machines, pagers, personal digital assistants, smartphones, and any other device that transfers signs, signals, writing, images, sounds, or data. “Electronic communication device” also includes, but is not limited to, videophones, TTY/TDD devices, and all other devices used to aid or assist communication to or from deaf or disabled persons. “Electronic communication” has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code. (Amended by Stats. 2008, Ch. 109, Sec. 1. Effective January 1, 2009.)
  142. 653n

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    A person may not install or maintain a two-way mirror that allows observation of certain private rooms, subject to listed institutional and educational exceptions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 653n. Any person who installs or who maintains after April 1, 1970, any two-way mirror permitting observation of any restroom, toilet, bathroom, washroom, shower, locker room, fitting room, motel room, or hotel room, is guilty of a misdemeanor. This section does not apply to such areas (a) in state or local public penal, correctional, custodial, or medical institutions which are used by, or for the treatment of, persons who are committed or voluntarily confined to such institutions or voluntarily receive treatment therein; (b) in private custodial or medical institutions, which are used by, or for the treatment of, persons who are committed or voluntarily confined to such institutions or voluntarily receive treatment therein; (c) in public or private treatment facilities which are used by, or for the treatment of, persons who are committed or voluntarily confined to such facilities or voluntarily receive treatment therein; (d) in buildings operated by state or local law enforcement agencies; or (e) in public or private educational institutions. “Two-way mirror” as used in this section means a mirror or other surface which permits any person on one side thereof to see through it under certain conditions of lighting, while any person on the other side thereof or other surface at that time can see only the usual mirror or other surface reflection. (Added by Stats. 1969, Ch. 428.)
  143. 653o

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    This section makes it unlawful to import, possess for sale, or sell certain listed animal bodies, parts, or products in California, with added bans for crocodiles/alligators starting January 1, 2020 and several reptiles starting January 1, 2022.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 653o. (a) It is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or a part or product thereof, of a polar bear, leopard, ocelot, tiger, cheetah, jaguar, sable antelope, wolf (Canis lupus), zebra, whale, cobra, python, sea turtle, colobus monkey, kangaroo, vicuna, sea otter, free-roaming feral horse, dolphin or porpoise (Delphinidae), Spanish lynx, or elephant. (b) (1) Commencing January 1, 2020, it is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or a part or product thereof, of a crocodile or alligator. (2) This subdivision does not authorize the importation or sale of any alligator or crocodilian species, or products thereof, that are listed as endangered under the federal Endangered Species Act, or to allow the importation or sale of any alligator or crocodilian species, or products thereof, in violation of federal law or international treaty to which the United States is a party. (c) Commencing January 1, 2022, it is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of an iguana, skink, caiman, hippopotamus, or a Teju, Ring, or Nile lizard. (d) A person who violates this section is guilty of a misdemeanor and shall be subject to a fine of not less than one thousand dollars ($1,000) and not to exceed five thousand dollars ($5,000) or imprisonment in the county jail not to exceed six months, or both that fine and imprisonment, for each violation. (e) The prohibitions against importation for commercial purposes, possession with intent to sell, and sale of the species listed in this section are severable. A finding of the invalidity of any one or more prohibitions shall not affect the validity of any remaining prohibitions. (Amended by Stats. 2019, Ch. 767, Sec. 1. (AB 1260) Effective January 1, 2020.)
  144. 653p

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    It is unlawful to possess with intent to sell, or to sell, within the state, certain listed animal or plant dead bodies, parts, or products when the species is covered by the cited federal endangered-species or marine-mammal laws or listed under those laws.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 653p. It is unlawful to possess with the intent to sell, or to sell, within the state, the dead body, or any part or product thereof, of any species or subspecies of any fish, bird, mammal, amphibian, reptile, mollusk, invertebrate, or plant, the importation of which is illegal under the Federal Endangered Species Act of 1973 (Title 16, United States Code Sec. 1531 et seq.) and subsequent amendments, or under the Marine Mammal Protection Act of 1972 (Title 16, United States Code Sec. 1361 et seq.), or which is listed in the Federal Register by the Secretary of the Interior pursuant to the above acts. The violation of any federal regulations adopted pursuant to the above acts shall also be deemed a violation of this section and shall be prosecuted by the appropriate state or local officials. (Amended by Stats. 1976, Ch. 692.)
  145. 653q

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    It is unlawful to import, possess for sale, or sell seal dead bodies, parts, or products in the state for commercial purposes.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 653q. It is unlawful to import into this state for commercial purposes, to possess with intent to sell, or to sell within the state, the dead body, or any part or product thereof, of any seal. Any person who violates any provision of this section is guilty of a misdemeanor and shall be subject to a fine of not less than one thousand dollars ($1,000) and not to exceed five thousand dollars ($5,000) or imprisonment in the county jail for not to exceed six months, or both such fine and imprisonment, for each violation. (Added by Stats. 1971, Ch. 1200.)
  146. 653r

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    It is unlawful to possess with intent to sell, or to sell, certain listed animal dead bodies or products in California after June 1, 1972.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 653r. Notwithstanding the provisions of Section 3 of Chapter 1557 of the Statutes of 1970, it shall be unlawful to possess with intent to sell, or to sell, within this state, after June 1, 1972, the dead body, or any part or product thereof, of any fish, bird, amphibian, reptile, or mammal specified in Section 653o or 653p. Violation of this section constitutes a misdemeanor. (Added by Stats. 1971, Ch. 1283.)
  147. 653s

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    It is an offense to transport, sell, resell, rent, or possess for those purposes certain live-performance recordings knowing they were made without the owner’s consent. The section also defines key terms and exempts some broadcasting or cablecasting activity.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 653s. (a) Any person who transports or causes to be transported for monetary or other consideration within this state, any article containing sounds of a live performance with the knowledge that the sounds thereon have been recorded or mastered without the consent of the owner of the sounds of the live performance is guilty of a public offense punishable as provided in subdivision (g) or (h). (b) As used in this section and Section 653u: (1) “Live performance” means the recitation, rendering, or playing of a series of musical, spoken, or other sounds in any audible sequence thereof. (2) “Article” means the original disc, wire, tape, film, phonograph record, or other recording device used to record or master the sounds of the live performance and any copy or reproduction thereof which duplicates, in whole or in part, the original. (3) “Person” means any individual, partnership, partnership member or employee, corporation, association, or corporation or association employee, officer, or director, limited liability company, or limited liability company manager or officer. (c) In the absence of a written agreement or operation of law to the contrary, the performer or performers of the sounds of a live performance shall be presumed to own the right to record or master those sounds. (d) For purposes of this section, a person who is authorized to maintain custody and control over business records reflecting the consent of the owner to the recordation or master recording of a live performance shall be a proper witness in any proceeding regarding the issue of consent. Any witness called pursuant to this section shall be subject to all rules of evidence relating to the competency of a witness to testify and the relevance and admissibility of the testimony offered. (e) This section shall neither enlarge nor diminish the rights and remedies of parties to a recording or master recording which they might otherwise possess by law. (f) This section shall not apply to persons engaged in radio or television broadcasting or cablecasting who record or fix the sounds of a live performance for, or in connection with, broadcast or cable transmission and related uses in educational television or radio programs, for archival purposes, or for news programs or purposes if the recordation or master recording is not commercially distributed independent of the broadcast or cablecast by or through the broadcasting or cablecasting entity to subscribers or the general public. (g) Any person who has been convicted of a violation of subdivision (a), shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, or by a fine not to exceed five hundred thousand dollars ($500,000), or by both, if the offense involves the transportation or causing to be transported of not less than 1,000 articles described in subdivision (a). (h) Any person who has been convicted of any other violation of subdivision (a) not described in subdivision (g) shall be punished by imprisonment in the county jail not to exceed one year, or by a fine not to exceed fifty thousand dollars ($50,000), or by both that fine and imprisonment. A second or subsequent conviction under subdivision (a) not described in subdivision (g) shall be punished by imprisonment in the county jail not to exceed one year or pursuant to subdivision (h) of Section 1170, or by a fine not to exceed two hundred thousand dollars ($200,000), or by both that fine and imprisonment. (i) Every person who offers for sale or resale, or sells or resells, or causes the sale or resale, or rents, or possesses for these purposes, any article described in subdivision (a) with knowledge that the sounds thereon have been so recorded or mastered without the consent of the owner of the sounds of a live performance is guilty of a public offense. (1) A violation of subdivision (i) involving not less than 100 of those articles shall be punishable by imprisonment in a county jail not to exceed one year or by a fine not to exceed twenty thousand dollars ($20,000), or by both that fine and imprisonment. A second or subsequent conviction for the conduct described in this paragraph shall be punishable by imprisonment in the county jail not to exceed one year or pursuant to subdivision (h) of Section 1170, or by a fine not to exceed fifty thousand dollars ($50,000), or by both. (2) A person who has been convicted of any violation of this subdivision not described in paragraph (1) shall be punished by imprisonment in the county jail not to exceed six months or by a fine not to exceed ten thousand dollars ($10,000), or by both that fine and imprisonment. A second conviction for the conduct described in this paragraph shall be punishable by imprisonment in the county jail not to exceed one year or by a fine not to exceed twenty thousand dollars ($20,000), or by both that fine and imprisonment. A third or subsequent conviction for the conduct described in this paragraph shall be punishable by imprisonment in the county jail not to exceed one year or pursuant to subdivision (h) of Section 1170, or by a fine not to exceed fifty thousand dollars ($50,000), or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 435. (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.)
  148. 653t

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    A person commits an offense if they knowingly and maliciously interfere with emergency-related radio communications on amateur, citizens band, or public safety radio frequencies.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 653t. (a) A person commits a public offense if the person knowingly and maliciously interrupts, disrupts, impedes, or otherwise interferes with the transmission of a communication over an amateur or a citizen’s band radio frequency, the purpose of which communication is to inform or inquire about an emergency. (b) For purposes of this section, “emergency” means a condition or circumstance in which an individual is or is reasonably believed by the person transmitting the communication to be in imminent danger of serious bodily injury, in which property is or is reasonably believed by the person transmitting the communication to be in imminent danger of extensive damage or destruction, or in which that injury or destruction has occurred and the person transmitting is attempting to summon assistance. (c) A violation of subdivision (a) is a misdemeanor punishable by a fine not to exceed one thousand dollars ($1,000), by imprisonment in a county jail not to exceed six months, or by both, unless, as a result of the commission of the offense, serious bodily injury or property loss in excess of ten thousand dollars ($10,000) occurs, in which event the offense is a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170. (d) Any person who knowingly and maliciously interrupts, disrupts, impedes, or otherwise interferes with the transmission of an emergency communication over a public safety radio frequency, when the offense results in serious bodily injury or property loss in excess of ten thousand dollars ($10,000), is guilty of a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2011, Ch. 15, Sec. 436. (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.)
  149. 653u

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    It is an offense to record or master sounds of a live performance, or cause that to happen, if it is done to sell for commercial advantage or private financial gain and with knowledge that the recording was made without the owner’s consent.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 653u. (a) Any person who records or masters or causes to be recorded or mastered on any article with the intent to sell for commercial advantage or private financial gain, the sounds of a live performance with the knowledge that the sounds thereon have been recorded or mastered without the consent of the owner of the sounds of the live performance is guilty of a public offense punishable as provided in subdivisions (d) and (e). (b) In the absence of a written agreement or operation of law to the contrary, the performer or performers of the sounds of a live performance shall be presumed to own the right to record or master those sounds. (c) (1) For purposes of this section, a person who is authorized to maintain custody and control over business records reflecting the consent of the owner to the recordation or master recording of a live performance shall be a proper witness in any proceeding regarding the issue of consent. (2) Any witness called pursuant to this section shall be subject to all rules of evidence relating to the competency of a witness to testify and the relevance and admissibility of the testimony offered. (d) Any person who has been convicted of a violation of subdivision (a) shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, or by a fine not to exceed five hundred thousand dollars ($500,000), or by both that fine and imprisonment, if the offense involves the recording, mastering, or causing to be recorded or mastered at least 1,000 articles described in subdivision (a). (e) Any person who has been convicted of any other violation of subdivision (a) not described in subdivision (d), shall be punished by imprisonment in the county jail not to exceed one year, or by a fine not to exceed fifty thousand dollars ($50,000), or by both that fine and imprisonment. A second or subsequent conviction under subdivision (a) not described in subdivision (d) shall be punished by imprisonment in the county jail not to exceed one year or pursuant to subdivision (h) of Section 1170 or by a fine not to exceed two hundred thousand dollars ($200,000), or by both that fine and imprisonment. (Amended by Stats. 2011, Ch. 15, Sec. 437. (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. 653v

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    If someone is convicted under certain sections, the court must order forfeiture, destruction, or other disposition of the articles and devices used in the violation.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 653v. Whenever any person is convicted of any violation of Section 653h, 653s, 653u, or 653w the court, in its judgment of conviction, shall, in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all articles, including, but not limited to, phonograph records, discs, wires, tapes, films, or any other article upon which sounds or images can be recorded or stored, and any and all electronic, mechanical, or other devices for manufacturing, reproducing or assembling these articles, which were used in connection with, or which were part of, any violation of Section 653h, 653s, 653u, or 653w. (Amended by Stats. 1985, Ch. 364, Sec. 2.)
  151. 653w

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    A person who commercially advertises, sells, rents, manufactures, or possesses certain recordings or audiovisual works for those purposes must clearly disclose the manufacturer’s true name and address and the relevant author/artist/producer information on the cover, box, jacket, or label, with a software-related exception.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 653w. (a) (1) A person is guilty of failure to disclose the origin of a recording or audiovisual work if, for commercial advantage or private financial gain, he or she knowingly advertises or offers for sale or resale, or sells or resells, or causes the rental, sale, or resale of, or rents, or manufactures, or possesses for these purposes, any recording or audiovisual work, the outside cover, box, jacket, or label of which does not clearly and conspicuously disclose the actual true name and address of the manufacturer thereof and the name of the actual author, artist, performer, producer, programmer, or group thereon. This section does not require the original manufacturer or authorized licensees of software producers to disclose the contributing authors or programmers. (2) As used in this section, “recording” means any tangible medium upon which information or sounds are recorded or otherwise stored, including, but not limited to, any phonograph record, disc, tape, audio cassette, wire, film, memory card, flash drive, hard drive, data storage device, or other medium on which information or sounds are recorded or otherwise stored, but does not include sounds accompanying a motion picture or other audiovisual work. (3) As used in this section, “audiovisual works” are the physical embodiment of works that consist of related images that are intrinsically intended to be shown using machines or devices, such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films, tapes, discs, memory cards, flash drives, hard drives, data storage devices, or other devices, on which the works are embodied. (b) A person who has been convicted of a violation of subdivision (a) shall be punished as follows: (1) If the offense involves the advertisement, offer for sale or resale, sale, rental, manufacture, or possession for these purposes, of at least 100 articles of audio recordings or 100 articles of audiovisual works described in subdivision (a), or the commercial equivalent thereof, the person shall be punished by imprisonment in a county jail not to exceed one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, or by a fine not to exceed five hundred thousand dollars ($500,000), or by both that fine and imprisonment. (2) Any other violation of subdivision (a) not described in paragraph (1) shall, upon a first offense, be punished by imprisonment in a county jail not to exceed one year, or by a fine not to exceed fifty thousand dollars ($50,000), or by both that fine and imprisonment. (3) A second or subsequent conviction under subdivision (a) not described in paragraph (1) shall be punished by imprisonment in a county jail not to exceed one year or pursuant to subdivision (h) of Section 1170, or by a fine of not less than one thousand dollars ($1,000), but not to exceed two hundred thousand dollars ($200,000), or by both that fine and imprisonment. (Amended by Stats. 2017, Ch. 561, Sec. 181. (AB 1516) Effective January 1, 2018.)
  152. 653x

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    Using a phone or electronic device to contact 911 with intent to annoy or harass someone is a misdemeanor, unless the communication was made in good faith.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 653x. (a) A person who telephones or uses an electronic communication device to initiate communication with the 911 emergency system with the intent to annoy or harass another person is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment in a county jail for not more than six months, or by both the fine and imprisonment. Nothing in this section shall apply to telephone calls or communications using electronic devices made in good faith. (b) An intent to annoy or harass is established by proof of repeated calls or communications over a period of time, however short, that are unreasonable under the circumstances. (c) Upon conviction of a violation of this section, a person also shall be liable for all reasonable costs incurred by any unnecessary emergency response. (Amended by Stats. 2016, Ch. 96, Sec. 1. (AB 1769) Effective January 1, 2017.)
  153. 653y

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    Using or knowingly allowing use of the 911 emergency system for non-emergencies or harassment is prohibited and can lead to warnings, citations, fines, jail, or both.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 653y. (a) A person who knowingly allows the use of or who uses the 911 emergency system for any reason other than because of an emergency is guilty of an infraction, punishable as follows: (1) For a first violation, a written warning shall be issued to the violator by the public safety entity originally receiving the telephone call or the communication from an electronic device describing the punishment for subsequent violations. The written warning shall inform the recipient to notify the issuing agency that the warning was issued inappropriately if the recipient did not make, or knowingly allow the use of the 911 emergency system for, the nonemergency 911 telephone call or the communication from an electronic device. The law enforcement agency may provide educational materials regarding the appropriate use of the 911 emergency system. (2) For a second or subsequent violation, a citation may be issued by the public safety entity originally receiving the telephone call or the communication from an electronic device pursuant to which the violator shall be subject to the following penalties that may be reduced by a court upon consideration of the violator’s ability to pay: (A) For a second violation, a fine of fifty dollars ($50). (B) For a third violation, a fine of one hundred dollars ($100). (C) For a fourth or subsequent violation, a fine of two hundred and fifty dollars ($250). (3) The parent or legal guardian having custody and control of an unemancipated minor who violates this section is jointly and severally liable with the minor for the fine imposed pursuant to this subdivision. (b) Knowingly allowing the use of or using the 911 emergency system for the purpose of harassing another is a crime that is punishable as follows: (1) For a first violation, as an infraction punishable by a two-hundred-fifty dollar ($250) fine or as a misdemeanor punishable by up to six months in a county jail, a fine of up to one thousand dollars ($1,000), or both that imprisonment and fine. (2) For a second or subsequent violation, as a misdemeanor punishable by up to six months in a county jail, a fine of up to one thousand dollars ($1,000), or both that imprisonment and fine. (c) If a person knowingly allows the use of or uses the 911 emergency system for the purpose of harassing another person and that act is an act described in Section 422.55 or 422.85, the person who commits the act is guilty of a misdemeanor punishable by up to one year in a county jail, a fine of not less than five hundred dollars ($500) nor more than two thousand dollars ($2,000), or both that imprisonment and fine. (d) For purposes of this section, “emergency” means any condition in which emergency services will result in the saving of a life, a reduction in the destruction of property, quicker apprehension of criminals, or assistance with potentially life-threatening medical problems, a fire, a need for rescue, an imminent potential crime, or a similar situation in which immediate assistance is required. (e) (1) Notwithstanding subdivision (a), this section does not apply to a telephone corporation or any other entity for acts or omissions relating to the routine maintenance, repair, or operation of the 911 emergency system or the 311 telephone system. (2) This section does not apply to uses of the 911 emergency system by a person with an intellectual disability or other mental disability that makes it difficult or impossible for the person to understand the potential consequences of their actions. (Amended by Stats. 2020, Ch. 327, Sec. 4. (AB 1775) Effective January 1, 2021.)
  154. 653z

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. )

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    A person may not use a recording device in a movie theater while a movie is being shown to record a theatrical motion picture unless the theater owner gives express written authority.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 15. MISCELLANEOUS CRIMES [626 - 653.75] ( Title 15 enacted 1872. ) ## CHAPTER 2. Of Other and Miscellaneous Offenses [639 - 653.2] ( Chapter 2 enacted 1872. ) ## 653z. (a) Every person who operates a recording device in a motion picture theater while a motion picture is being exhibited, for the purpose of recording a theatrical motion picture and without the express written authority of the owner of the motion picture theater, is guilty of a public offense and shall be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment. (b) For the purposes of this section, the following terms have the following meanings: (1) “Recording device” means a photographic, digital or video camera, or other audio or video recording device capable of recording the sounds and images of a motion picture or any portion of a motion picture. (2) “Motion picture theater” means a theater or other premises in which a motion picture is exhibited. (c) Nothing in this section shall preclude prosecution under any other provision of law. (Amended by Stats. 2010, Ch. 351, Sec. 7. (AB 819) Effective September 27, 2010.)
  155. 654.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    If conduct is punishable under more than one law, it may be punished under only one, and a second prosecution for the same act or omission is barred after an acquittal or conviction and sentence under one provision.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 654. (a) An act or omission that is punishable in different ways by different provisions of law may be punished under either of such provisions, but in no case shall the act or omission be punished under more than one provision. An acquittal or conviction and sentence under any one bars a prosecution for the same act or omission under any other. (b) Notwithstanding subdivision (a), a defendant sentenced pursuant to subdivision (a) shall not be granted probation if any of the provisions that would otherwise apply to the defendant prohibits the granting of probation. (Amended by Stats. 2021, Ch. 441, Sec. 1. (AB 518) Effective January 1, 2022.)
  156. 654.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    A person may not sell, offer, arrange, or advertise passenger transportation on an individual-fare basis over California public highways unless the service is provided and authorized by a carrier with a valid certificate or permit.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 654.1. It shall be unlawful for any person, acting individually or as an officer or employee of a corporation, or as a member of a copartnership or as a commission agent or employee of another person, firm or corporation, to sell or offer for sale or, to negotiate, provide or arrange for, or to advertise or hold himself out as one who sells or offers for sale or negotiates, provides or arranges for transportation of a person or persons on an individual fare basis over the public highways of the State of California unless such transportation is to be furnished or provided solely by, and such sale is authorized by, a carrier having a valid and existing certificate of convenience and necessity, or other valid and existing permit from the Public Utilities Commission of the State of California, or from the Interstate Commerce Commission of the United States, authorizing the holder of such certificate or permit to provide such transportation. (Added by Stats. 1947, Ch. 1215.)
  157. 654.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    Section 654.2 says Section 654.1 does not apply to certain transportation arrangements, including no-compensation transport, transport for farmwork or nonprofit cooperative employees, local municipal transport, some park-linked rail or motorbus trips, and qualifying ridesharing trips.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 654.2. The provisions of Section 654.1 of the Penal Code shall not apply to the selling, furnishing, or providing of transportation of any person or persons in any of the following circumstances: (a) When no compensation is paid or to be paid, either directly or indirectly, for the transportation. (b) For the furnishing or providing of transportation to or from work of employees engaged in farmwork on any farm of the State of California. (c) For the furnishing or providing of transportation to and from work of employees of any nonprofit cooperative association, organized pursuant to any law of the State of California. (d) For the transportation of persons wholly or substantially within the limits of a single municipality or of contiguous municipalities. (e) For transportation of persons over a route wholly or partly within a national park or state park where the transportation is sold in conjunction with, or as part of, a rail trip or trip over a regularly operated motorbus transportation system or line. (f) For the transportation of persons between home and work locations or of persons having a common work-related trip purpose in a vehicle having a seating capacity of 15 passengers or less, including the driver, which is used for the purpose of ridesharing, as defined in Section 522 of the Vehicle Code, when the ridesharing is incidental to another purpose of the driver. This exemption does not apply if the primary purpose for the transportation of those persons is to make a profit. “Profit,” as used in this subdivision, does not include the recovery of the actual costs incurred in owning and operating a vanpool vehicle, as defined in Section 668 of the Vehicle Code. (Amended by Stats. 1982, Ch. 185, Sec. 2.)
  158. 654.3.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    Violating Section 654.1 is a misdemeanor, with increasing jail penalties for repeat convictions and no probation after three or more convictions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 654.3. Violation of Section 654.1 shall be a misdemeanor, and upon first conviction the punishment shall be a fine of not over five hundred dollars ($500), or imprisonment in jail for not over 90 days, or both such fine and imprisonment. Upon second conviction the punishment shall be imprisonment in jail for not less than 30 days and not more than 180 days. Upon a third or subsequent conviction the punishment shall be confinement in jail for not less than 90 days and not more than one year, and a person suffering three or more convictions shall not be eligible to probation, the provisions of any law to the contrary notwithstanding. (Amended by Stats. 1983, Ch. 1092, Sec. 319. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
  159. 655.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    An act or omission punishable under this Code remains punishable even if it is also punishable elsewhere, unless the law expressly says otherwise.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 655. An act or omission declared punishable by this Code is not less so because it is also punishable under the laws of another State, Government, or country, unless the contrary is expressly declared. (Enacted 1872.)
  160. 656.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    An accused person may use a prior acquittal or conviction in a qualifying U.S. federal, state, or territorial prosecution based on the same act or omission as a sufficient defense.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 656. Whenever on the trial of an accused person it appears that upon a criminal prosecution under the laws of the United States, or of another state or territory of the United States based upon the act or omission in respect to which he or she is on trial, he or she has been acquitted or convicted, it is a sufficient defense. (Amended by Stats. 2004, Ch. 511, Sec. 1. Effective January 1, 2005.)
  161. 656.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    A person convicted in California for conduct already acquitted or convicted in another country is entitled to credit for time served there and for additional credits that would have been earned in California.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 656.5. Any person convicted of a crime based upon an act or omission for which he or she has been acquitted or convicted in another country shall be entitled to credit for any actual time served in custody in a penal institution in that country for the crime, and for any additional time credits that would have actually been awarded had the person been incarcerated in California. (Added by Stats. 2004, Ch. 511, Sec. 2. Effective January 1, 2005.)
  162. 656.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    International treaties or laws must not be violated when securing the return of a person convicted in another country to prosecute that person in California.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 656.6. No international treaties or laws shall be violated to secure the return of a person who has been convicted in another country of a crime committed in California in order to prosecute the person in California. (Added by Stats. 2004, Ch. 511, Sec. 3. Effective January 1, 2005.)
  163. 657.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    A criminal act remains punishable as a crime even if it is also punishable as a contempt.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 657. A criminal act is not the less punishable as a crime because it is also declared to be punishable as a contempt. (Enacted 1872.)
  164. 658.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    A sentencing court may reduce the punishment if the convicted person has already been fined or jailed for the same act as contempt.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 658. When it appears, at the time of passing sentence upon a person convicted upon indictment, that such person has already paid a fine or suffered an imprisonment for the act of which he stands convicted, under an order adjudging it a contempt, the Court authorized to pass sentence may mitigate the punishment to be imposed, in its discretion. (Enacted 1872.)
  165. 659.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    If an act is a misdemeanor and the law does not separately punish counseling or aiding it, anyone who counsels or helps commit that act is guilty of a misdemeanor.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 659. Whenever an act is declared a misdemeanor, and no punishment for counseling or aiding in the commission of such act is expressly prescribed by law, every person who counsels or aids another in the commission of such act is guilty of a misdemeanor. (Enacted 1872.)
  166. 660.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    If sending a letter is criminal under this Code, the offense is complete when the letter is deposited in a post office or other place, or delivered to a person, if it is intended to be forwarded.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 660. In the various cases in which the sending of a letter is made criminal by this Code, the offense is deemed complete from the time when such letter is deposited in any Post Office or any other place, or delivered to any person, with intent that it shall be forwarded. (Enacted 1872.)
  167. 661.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    Public officers who neglect or violate official duty may be removed from office at the court’s discretion.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 661. In addition to the penalty affixed by express terms, to every neglect or violation of official duty on the part of public officers, State, county, city, or township, where it is not so expressly provided, they may, in the discretion of the Court, be removed from office. (Enacted 1872.)
  168. 662.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    A person is not punishable for failing to do an act if someone else did it on their behalf and that person was legally competent to do it.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 662. No person is punishable for an omission to perform an act, where such act has been performed by another person acting in his behalf and competent by law to perform it. (Enacted 1872.)
  169. 663.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    A person may be convicted of attempting a crime, even if the crime was actually carried out, unless the court decides to discharge the jury and retry the person for the crime itself.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 663. Any person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime intended or attempted was perpetrated by such person in pursuance of such attempt, unless the Court, in its discretion, discharges the jury and directs such person to be tried for such crime. (Enacted 1872.)
  170. 664.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    This section punishes attempts to commit crimes, with the penalty depending on the offense attempted.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 664. Every person who attempts to commit any crime, but fails, or is prevented or intercepted in its perpetration, shall be punished where no provision is made by law for the punishment of those attempts, as follows: (a) If the crime attempted is punishable by imprisonment in the state prison, or by imprisonment pursuant to subdivision (h) of Section 1170, the person guilty of the attempt shall be punished by imprisonment in the state prison or in a county jail, respectively, for one-half the term of imprisonment prescribed upon a conviction of the offense attempted. However, if the crime attempted is willful, deliberate, and premeditated murder, as defined in Section 189, the person guilty of that attempt shall be punished by imprisonment in the state prison for life with the possibility of parole. If the crime attempted is any other one in which the maximum sentence is life imprisonment or death, the person guilty of the attempt shall be punished by imprisonment in the state prison for five, seven, or nine years. The additional term provided in this section for attempted willful, deliberate, and premeditated murder shall not be imposed unless the fact that the attempted murder was willful, deliberate, and premeditated is charged in the accusatory pleading and admitted or found to be true by the trier of fact. (b) If the crime attempted is punishable by imprisonment in a county jail, the person guilty of the attempt shall be punished by imprisonment in a county jail for a term not exceeding one-half the term of imprisonment prescribed upon a conviction of the offense attempted. (c) If the offense so attempted is punishable by a fine, the offender convicted of that attempt shall be punished by a fine not exceeding one-half the largest fine which may be imposed upon a conviction of the offense attempted. (d) If a crime is divided into degrees, an attempt to commit the crime may be of any of those degrees, and the punishment for the attempt shall be determined as provided by this section. (e) Notwithstanding subdivision (a), if attempted murder is committed upon a peace officer or firefighter, as those terms are defined in paragraphs (7) and (9) of subdivision (a) of Section 190.2, a custodial officer, as that term is defined in subdivision (a) of Section 831 or subdivision (a) of Section 831.5, a custody assistant, as that term is defined in subdivision (a) of Section 831.7, or a nonsworn uniformed employee of a sheriff’s department whose job entails the care or control of inmates in a detention facility, as defined in subdivision (c) of Section 289.6, and the person who commits the offense knows or reasonably should know that the victim is a peace officer, firefighter, custodial officer, custody assistant, or nonsworn uniformed employee of a sheriff’s department engaged in the performance of his or her duties, the person guilty of the attempt shall be punished by imprisonment in the state prison for life with the possibility of parole. This subdivision shall apply if it is proven that a direct but ineffectual act was committed by one person toward killing another human being and the person committing the act harbored express malice aforethought, namely, a specific intent to unlawfully kill another human being. The Legislature finds and declares that this paragraph is declaratory of existing law. (f) Notwithstanding subdivision (a), if the elements of subdivision (e) are proven in an attempted murder and it is also charged and admitted or found to be true by the trier of fact that the attempted murder was willful, deliberate, and premeditated, the person guilty of the attempt shall be punished by imprisonment in the state prison for 15 years to life. Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall not apply to reduce this minimum term of 15 years in state prison, and the person shall not be released prior to serving 15 years’ confinement. (Amended by Stats. 2011, Ch. 15, Sec. 439. (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.)
  171. 665.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    A person who fails in an attempted crime but commits a different crime is not protected by sections 663 and 664 and can be punished for the crime actually committed.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 665. Sections 663 and 664 do not protect a person who, in attempting unsuccessfully to commit a crime, accomplishes the commission of another and different crime, whether greater or less in guilt, from suffering the punishment prescribed by law for the crime committed. (Amended by Stats. 1987, Ch. 828, Sec. 45.)
  172. 666.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    Certain repeat theft offenders described in subdivision (b) who are later convicted of petty theft are punishable by up to one year in county jail or by state prison.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 666. (a) Notwithstanding Section 490, any person described in subdivision (b) who, having been convicted of petty theft, grand theft, a conviction pursuant to subdivision (d) or (e) of Section 368, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony violation of Section 496, and having served a term of imprisonment therefor in any penal institution or having been imprisoned therein as a condition of probation for that offense, and who is subsequently convicted of petty theft, is punishable by imprisonment in the county jail not exceeding one year, or in the state prison. (b) Subdivision (a) shall apply to any person who is required to register pursuant to the Sex Offender Registration Act, or who has a prior violent or serious felony conviction, as specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667, or has a conviction pursuant to subdivision (d) or (e) of Section 368. (c) This section shall not be construed to preclude prosecution or punishment pursuant to subdivisions (b) to (i), inclusive, of Section 667, or Section 1170.12. (Amended November 4, 2014, by initiative Proposition 47, Sec. 10.)
  173. 666.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    People with two or more listed prior theft-related convictions who are convicted of petty theft or shoplifting face jail or prison penalties, and the court must do a pre-release judicial review after an arrest.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 666.1. (a) (1) Notwithstanding any other law, a person who has two or more prior convictions for any of the offenses listed in paragraph (2), and who is convicted of petty theft or shoplifting, is punishable by imprisonment in the county jail not exceeding one year or pursuant to subdivision (h) of Section 1170. A second or subsequent conviction of this section is punishable by imprisonment in the county jail not exceeding one year or by imprisonment in the state prison. (2) This section applies to the following offenses, including a conviction that occurred before the effective date of this section: (A) Petty theft, as described in Section 488 or 490.2. (B) Grand theft, as described in Sections 487, 487h, and in Chapter 5 (commencing with Section 484) of Title 13 of Part 1. (C) Theft from an elder or dependent adult, as described in Section 368. (D) The theft or unauthorized use of a vehicle, as described in Section 10851 of the Vehicle Code. (E) Burglary, as described in Section 459. (F) Carjacking, as described in Section 215. (G) Robbery, as described in Section 211. (H) Receiving stolen property, as described in Section 496. (I) Shoplifting, as described in Section 459.5. (J) Identity theft and mail theft, as described in Section 530.5. (b) A person subject to charging under this section or actually charged with this section may be referred by a prosecuting attorney’s office or by a county probation department to a theft diversion or deferred entry of judgment program pursuant to Section 1001.81. lf appropriate, a person admitted to such a program may also be referred to a substance abuse treatment program. (c) Upon an arrest for a violation of this section, the court shall require judicial review prior to release to make an individualized determination of risk to public safety and likelihood to return to court. (d) This section shall not be construed to preclude prosecution or punishment pursuant to any other law. (Added November 5, 2024, by initiative Proposition 36, Sec. 9. Effective December 18, 2024. Approved in Proposition 36 at the November 5, 2024, election.)
  174. 666.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    A person with certain prior felony vehicle or theft convictions who is later convicted of one of the listed offenses must be punished by 2, 3, or 4 years in prison, a $10,000 fine, or both.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 666.5. (a) Every person who, having been previously convicted of a felony violation of Section 10851 of the Vehicle Code, or felony grand theft involving an automobile in violation of subdivision (d) of Section 487 or former subdivision (3) of Section 487, as that section read prior to being amended by Section 4 of Chapter 1125 of the Statutes of 1993, or felony grand theft involving a motor vehicle, as defined in Section 415 of the Vehicle Code, any trailer, as defined in Section 630 of the Vehicle Code, any special construction equipment, as defined in Section 565 of the Vehicle Code, or any vessel, as defined in Section 21 of the Harbors and Navigation Code in violation of former Section 487h, or a felony violation of Section 496d regardless of whether or not the person actually served a prior prison term for those offenses, is subsequently convicted of any of these offenses shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or a fine of ten thousand dollars ($10,000), or both the fine and the imprisonment. (b) For the purposes of this section, the terms “special construction equipment” and “vessel” are limited to motorized vehicles and vessels. (c) The existence of any fact which would bring a person under subdivision (a) 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. 441. (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.)
  175. 667.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    This section adds sentence enhancements for certain defendants with prior serious or violent felony convictions and requires consecutive sentencing in many covered cases.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 667. (a) (1) A person convicted of a serious felony who previously has been convicted of a serious felony in this state or of any offense committed in another jurisdiction that includes all of the elements of any serious felony, shall receive, in addition to the sentence imposed by the court for the present offense, a five-year enhancement for each such prior conviction on charges brought and tried separately. The terms of the present offense and each enhancement shall run consecutively. (2) This subdivision shall not be applied when the punishment imposed under other provisions of law would result in a longer term of imprisonment. There is no requirement of prior incarceration or commitment for this subdivision to apply. (3) The Legislature may increase the length of the enhancement of sentence provided in this subdivision by a statute passed by majority vote of each house thereof. (4) As used in this subdivision, “serious felony” means a serious felony listed in subdivision (c) of Section 1192.7. (5) This subdivision does not apply to a person convicted of selling, furnishing, administering, or giving, or offering to sell, furnish, administer, or give to a minor any methamphetamine-related drug or any precursors of methamphetamine unless the prior conviction was for a serious felony described in subparagraph (24) of subdivision (c) of Section 1192.7. (b) It is the intent of the Legislature in enacting subdivisions (b) to (i), inclusive, to ensure longer prison sentences and greater punishment for those who commit a felony and have been previously convicted of one or more serious or violent felony offenses. (c) Notwithstanding any other law, if a defendant has been convicted of a felony and it has been pled and proved that the defendant has one or more prior serious or violent felony convictions as defined in subdivision (d), the court shall adhere to each of the following: (1) There shall not be an aggregate term limitation for purposes of consecutive sentencing for any subsequent felony conviction. (2) Probation for the current offense shall not be granted, nor shall execution or imposition of the sentence be suspended for any prior offense. (3) The length of time between the prior serious or violent felony conviction and the current felony conviction shall not affect the imposition of sentence. (4) There shall not be a commitment to any other facility other than the state prison. Diversion shall not be granted, nor shall the defendant be eligible for commitment to the California Rehabilitation Center as provided in Article 2 (commencing with Section 3050) of Chapter 1 of Division 3 of the Welfare and Institutions Code. (5) The total amount of credits awarded pursuant to Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall not exceed one-fifth of the total term of imprisonment imposed and shall not accrue until the defendant is physically placed in the state prison. (6) If there is a current conviction for more than one felony count not committed on the same occasion, and not arising from the same set of operative facts, the court shall sentence the defendant consecutively on each count pursuant to subdivision (e). (7) If there is a current conviction for more than one serious or violent felony as described in paragraph (6), the court shall impose the sentence for each conviction consecutive to the sentence for any other conviction for which the defendant may be consecutively sentenced in the manner prescribed by law. (8) A sentence imposed pursuant to subdivision (e) shall be imposed consecutive to any other sentence that the defendant is already serving, unless otherwise provided by law. (d) Notwithstanding any other law and for the purposes of subdivisions (b) to (i), inclusive, a prior conviction of a serious or violent felony shall be defined as: (1) An offense defined in subdivision (c) of Section 667.5 as a violent felony or an offense defined in subdivision (c) of Section 1192.7 as a serious felony in this state. The determination of whether a prior conviction is a prior felony conviction for purposes of subdivisions (b) to (i), inclusive, shall be made upon the date of that prior conviction and is not affected by the sentence imposed unless the sentence automatically, upon the initial sentencing, converts the felony to a misdemeanor. The following dispositions shall not affect the determination that a prior conviction is a prior felony for purposes of subdivisions (b) to (i), inclusive: (A) The suspension of imposition of judgment or sentence. (B) The stay of execution of sentence. (C) The commitment to the State Department of State Hospitals as a mentally disordered sex offender following a conviction of a felony. (D) The commitment to the California Rehabilitation Center or any other facility whose function is rehabilitative diversion from the state prison. (2) A prior conviction in another jurisdiction for an offense that, if committed in California, is punishable by imprisonment in the state prison constitutes a prior conviction of a particular serious or violent felony if the prior conviction in the other jurisdiction is for an offense that includes all of the elements of a particular violent felony as defined in subdivision (c) of Section 667.5 or serious felony as defined in subdivision (c) of Section 1192.7. (3) A prior juvenile adjudication constitutes a prior serious or violent felony conviction for purposes of sentence enhancement if it meets all of the following: (A) The juvenile was 16 years of age or older at the time the juvenile committed the prior offense. (B) The prior offense is listed in subdivision (b) of Section 707 of the Welfare and Institutions Code or described in paragraph (1) or (2) as a serious or violent felony. (C) The juvenile was found to be a fit and proper subject to be dealt with under the juvenile court law. (D) The juvenile was adjudged a ward of the juvenile court within the meaning of Section 602 of the Welfare and Institutions Code because the person committed an offense listed in subdivision (b) of Section 707 of the Welfare and Institutions Code. (e) For purposes of subdivisions (b) to (i), inclusive, and in addition to any other enhancement or punishment provisions that apply, the following apply if a defendant has one or more prior serious or violent felony convictions: (1) If a defendant has one prior serious or violent felony conviction as defined in subdivision (d) that has been pled and proved, the determinate term or minimum term for an indeterminate term shall be twice the term otherwise provided as punishment for the current felony conviction. (2) (A) Except as provided in subparagraph (C), if a defendant has two or more prior serious or violent felony convictions as defined in subdivision (d) that have been pled and proved, the term for the current felony conviction shall be an indeterminate term of life imprisonment with a minimum term of the indeterminate sentence calculated as the greatest of: (i) Three times the term otherwise provided as punishment for each current felony conviction subsequent to the two or more prior serious or violent felony convictions. (ii) Imprisonment in the state prison for 25 years. (iii) The term determined by the court pursuant to Section 1170 for the underlying conviction, including any enhancement applicable under Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, or any period prescribed by Section 190 or 3046. (B) The indeterminate term described in subparagraph (A) shall be served consecutive to any other term of imprisonment for which a consecutive term may be imposed by law. Any other term imposed subsequent to an indeterminate term described in subparagraph (A) shall not be merged therein but shall commence at the time the person would otherwise have been released from prison. (C) If a defendant has two or more prior serious or violent felony convictions as defined in subdivision (c) of Section 667.5 or subdivision (c) of Section 1192.7 that have been pled and proved, and the current offense is not a serious or violent felony as defined in subdivision (d), the defendant shall be sentenced pursuant to paragraph (1) of subdivision (e) unless the prosecution pleads and proves any of the following: (i) The current offense is a controlled substance charge, in which an allegation under Section 11370.4 or 11379.8 of the Health and Safety Code was admitted or found true. (ii) The current offense is a felony sex offense, defined in subdivision (d) of Section 261.5 or former Section 262, or a felony offense that results in mandatory registration as a sex offender pursuant to subdivision (c) of Section 290 except for violations of Sections 266 and 285, paragraph (1) of subdivision (b) and subdivision (e) of Section 286, paragraph (1) of subdivision (b) and subdivision (e) of Section 288a, Section 311.11, and Section 314. (iii) During the commission of the current offense, the defendant used a firearm, was armed with a firearm or deadly weapon, or intended to cause great bodily injury to another person. (iv) The defendant suffered a prior serious or violent felony conviction, as defined in subdivision (d) of this section, for any of the following felonies: (I) A “sexually violent offense” as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code. (II) Oral copulation with a child who is under 14 years of age and more than 10 years younger than the defendant as defined by Section 288a, sodomy with another person who is under 14 years of age and more than 10 years younger than the defendant as defined by Section 286, or sexual penetration with another person who is under 14 years of age and more than 10 years younger than the defendant, as defined by Section 289. (III) A lewd or lascivious act involving a child under 14 years of age, in violation of Section 288. (IV) Any homicide offense, including any attempted homicide offense, defined in Sections 187 to 191.5, inclusive. (V) Solicitation to commit murder as defined in Section 653f. (VI) Assault with a machinegun on a peace officer or firefighter, as defined in paragraph (3) of subdivision (d) of Section 245. (VII) Possession of a weapon of mass destruction, as defined in paragraph (1) of subdivision (a) of Section 11418. (VIII) Any serious or violent felony offense punishable in California by life imprisonment or death. (f) (1) Notwithstanding any other law, subdivisions (b) to (i), inclusive, shall be applied in every case in which a defendant has one or more prior serious or violent felony convictions as defined in subdivision (d). The prosecuting attorney shall plead and prove each prior serious or violent felony conviction except as provided in paragraph (2). (2) The prosecuting attorney may move to dismiss or strike a prior serious or violent felony conviction allegation in the furtherance of justice pursuant to Section 1385, or if there is insufficient evidence to prove the prior serious or violent felony conviction. If upon the satisfaction of the court that there is insufficient evidence to prove the prior serious or violent felony conviction, the court may dismiss or strike the allegation. This section shall not be read to alter a court’s authority under Section 1385. (g) Prior serious or violent felony convictions shall not be used in plea bargaining as defined in subdivision (b) of Section 1192.7. The prosecution shall plead and prove all known prior serious or violent felony convictions and shall not enter into any agreement to strike or seek the dismissal of any prior serious or violent felony conviction allegation except as provided in paragraph (2) of subdivision (f). (h) All references to existing statutes in subdivisions (c) to (g), inclusive, are to statutes as they existed on November 7, 2012. (i) If any provision of subdivisions (b) to (h), inclusive, or the application thereof to any person or circumstance is held invalid, that invalidity shall not affect other provisions or applications of those subdivisions that can be given effect without the invalid provision or application, and to this end the provisions of those subdivisions are severable. (j) The provisions of this section shall not be amended by the Legislature except by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electors. (Amended by Stats. 2021, Ch. 626, Sec. 27. (AB 1171) Effective January 1, 2022.)
  176. 667.1.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    This section says that certain references in Section 667 must be read using the version of the referenced statutes in effect on specified dates.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 667.1. (a) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on November 7, 2012. (b) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after January 1, 2024, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on January 1, 2024. (Amended by Stats. 2023, Ch. 230, Sec. 2. (SB 14) Effective January 1, 2024. Note: This section was added on March 7, 2000, by initiative Prop. 21.)
  177. 667.10.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    A person with a prior Section 289 conviction must receive a two-year sentence enhancement for each violation if the crime is committed against certain protected victims and the required knowledge condition is met.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 667.10. (a) Any person who has a prior conviction of the offense set forth in Section 289 and who commits that crime against a person who is 65 years of age or older, or against a person who is blind, deaf, developmentally disabled, as defined in subdivision (d) of Section 667.9, a paraplegic, or a quadriplegic, or against a person who is under the age of 14 years, and that disability or condition is known or reasonably should be known to the person committing the crime, shall receive a two-year enhancement for each violation in addition to the sentence provided under Section 289. (b) The existence of any fact which would bring a person under subdivision (a) 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. 1992, Ch. 265, Sec. 3. Effective January 1, 1993.)
  178. 667.15.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    An adult who shows specified sexual material to a minor during certain sex-offense conduct may be punished with an added prison term.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 667.15. Any adult who, prior to or during the commission or attempted commission of a violation of Section 288 or 288.5, exhibits to the minor any matter, as defined in subdivision (d) of Section 311.11, the production of which involves the use of a person under the age of 14 years, knowing that the matter depicts a person under the age of 14 years personally engaging in or simulating sexual conduct, as defined in subdivision (d) of Section 311.4, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or of the minor, or with the intent, or for the purpose, of seducing the minor, shall be punished for a violation of this section as follows: (a) If convicted of the commission or attempted commission of a violation of Section 288, the adult shall receive an additional term of one year, which punishment shall be imposed in addition and consecutive to the punishment imposed for the commission or attempted commission of a violation of Section 288. (b) If convicted of the commission or attempted commission of a violation of Section 288.5, the adult shall receive an additional term of two years, which punishment shall be imposed in addition and consecutive to the punishment imposed for the commission or attempted commission of a violation of Section 288.5. (Added by Stats. 1993, Ch. 591, Sec. 1. Effective January 1, 1994.)
  179. 667.16.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    A person convicted of certain felony fraud-related violations in disaster-related repair or improvement schemes gets a consecutive one-year sentence enhancement, unless the allegation was properly charged and proved or admitted.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 667.16. (a) Any person convicted of a felony violation of Section 470, 487, or 532 as part of a plan or scheme to defraud an owner of a residential or nonresidential structure, including a mobilehome or manufactured home, in connection with the offer or performance of repairs or improvements to the structure or property, or by adding to, or subtracting from, grounds in connection therewith, for damage caused by a natural disaster, shall receive a one-year enhancement in addition and consecutive to the penalty prescribed. The additional term shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact. (b) This enhancement applies to natural disasters for which a state of emergency is proclaimed by the Governor pursuant to Section 8625 of the Government Code or for which an emergency or major disaster is declared by the President of the United States. (c) Notwithstanding any other law, the court may strike the additional term provided in subdivision (a) if the court determines that there are mitigating circumstances and states on the record the reasons for striking the additional punishment. (Amended by Stats. 2020, Ch. 364, Sec. 5. (SB 1189) Effective January 1, 2021.)
  180. 667.17.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    A person who violates Section 538d while committing a felony must receive an additional one-year prison term, served consecutively, instead of the Section 538d penalty.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 667.17. Any person who violates the provisions of Section 538d during the commission of a felony shall receive an additional one-year term of imprisonment to be imposed consecutive to the term imposed for the felony, in lieu of the penalty that would have been imposed under Section 538d. (Added by Stats. 1998, Ch. 279, Sec. 2. Effective January 1, 1999.)
  181. 667.2.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    The Department of Corrections and Rehabilitation may provide certain reentry services to eligible offenders, and it must set up a referral process. The Administrative Office of the Courts must inform courts about the availability of those programs and services.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 667.2. (a) The Legislature finds and declares that assisting offenders released pursuant to Proposition 36, adopted at the November 6, 2012, statewide general election, with their transition back into communities will increase the offenders’ likelihood of successful reintegration. (b) Subject to the availability of funding for and space in the programs and services, the Department of Corrections and Rehabilitation may provide programs and services, including, but not limited to, transitional housing, mental health, and substance abuse treatment to an offender who is released from the department’s custody and satisfies both of the following conditions: (1) The offender is released pursuant to any of the following provisions, as they were amended or added by Sections 2 to 6, inclusive, of Proposition 36, as adopted at the November 6, 2012, statewide general election: (A) Section 667. (B) Section 667.1. (C) Section 1170.12. (D) Section 1170.125. (E) Section 1170.126. (2) The offender is not subject to either of the following: (A) Parole pursuant to Article 3 (commencing with Section 3040) of Chapter 8 of Title 1 of Part 3. (B) Postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) of Part 3. (c) (1) The Department of Corrections and Rehabilitation, in consultation with the Administrative Office of the Courts, shall establish a referral process for offenders described in subdivision (b) to participate in programs and receive services that the department has existing contracts to provide. (2) The Administrative Office of the Courts shall inform courts of the availability of the programs and services described in this section. (Added by Stats. 2014, Ch. 26, Sec. 12. (AB 1468) Effective June 20, 2014.)
  182. 667.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    Courts must add prison-term enhancements for certain new felony offenses when the defendant has qualifying prior prison terms, subject to listed lookback exceptions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 667.5. Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows: (a) If one of the new offenses is one of the violent felonies specified in subdivision (c), in addition to and consecutive to any other prison terms therefor, the court shall impose a three-year term for each prior separate prison term served by the defendant when the prior offense was one of the violent felonies specified in subdivision (c). However, an additional term shall not be imposed pursuant to this subdivision for any prison term served prior to a period of 10 years in which the defendant remained free of both prison custody and the commission of an offense that results in a felony conviction. (b) Except when subdivision (a) applies, if the new offense is any felony for which a prison sentence or a sentence of imprisonment in a county jail under subdivision (h) of Section 1170 is imposed or is not suspended, in addition and consecutive to any other sentence therefor, the court shall impose a one-year term for each prior separate prison term for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code, provided that an additional term shall not be imposed under this subdivision for any prison term served prior to a period of five years in which the defendant remained free of both the commission of an offense that results in a felony conviction, and prison custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170 or any felony sentence that is not suspended. (c) The Legislature finds and declares that the following specified crimes merit special consideration when imposing a sentence to display society’s condemnation for these extraordinary crimes of violence against the person. For the purpose of this section, “violent felony” means any of the following: (1) Murder or voluntary manslaughter. (2) Mayhem. (3) Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of former Section 262. (4) Sodomy as defined in subdivision (c) or (d) of Section 286. (5) Oral copulation as defined in subdivision (c) or (d) of Section 287 or of former Section 288a. (6) Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288. (7) Any felony punishable by death or imprisonment in the state prison for life. (8) Any felony in which the defendant inflicts great bodily injury on a person other than an accomplice, which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55. (9) Any robbery. (10) Arson, in violation of subdivision (a) or (b) of Section 451. (11) Sexual penetration as defined in subdivision (a) or (j) of Section 289. (12) Attempted murder. (13) A violation of Section 18745, 18750, or 18755. (14) Kidnapping. (15) Assault with the intent to commit a specified felony, in violation of Section 220. (16) Continuous sexual abuse of a child, in violation of Section 288.5. (17) Carjacking, as defined in subdivision (a) of Section 215. (18) Rape or sexual penetration, in concert, in violation of Section 264.1. (19) Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22. (20) Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22. (21) Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary. (22) Any violation of Section 12022.53. (23) A violation of subdivision (b) or (c) of Section 11418. (24) Rape as defined in paragraph (3) of subdivision (a) of Section 261, wherein it is pleaded and proved that the defendant caused the intoxication by administering a controlled substance to the victim without their consent and with the intent to sexually assault the victim. (d) For the purposes of this section, the defendant shall be deemed to remain in prison custody for an offense until the official discharge from custody, including any period of mandatory supervision, or until release on parole or postrelease community supervision, whichever occurs first, including any time during which the defendant remains subject to reimprisonment or custody in county jail for escape from custody or is reimprisoned on revocation of parole or postrelease community supervision. The additional penalties provided for prior prison terms shall not be imposed unless they are charged and admitted or found true in the action for the new offense. (e) The additional penalties provided for prior prison terms shall not be imposed for any felony for which the defendant did not serve a prior separate term in state prison or in county jail under subdivision (h) of Section 1170. (f) A prior conviction of a felony shall include a conviction in another jurisdiction for an offense which, if committed in California, is punishable by imprisonment in the state prison or in county jail under subdivision (h) of Section 1170 if the defendant served one year or more in prison for the offense in the other jurisdiction. A prior conviction of a particular felony shall include a conviction in another jurisdiction for an offense that includes all of the elements of the particular felony as defined under California law if the defendant served one year or more in prison for the offense in the other jurisdiction. (g) A prior separate prison term for the purposes of this section shall mean a continuous completed period of prison incarceration imposed for the particular offense alone or in combination with concurrent or consecutive sentences for other crimes, including any reimprisonment on revocation of parole that is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration. (h) Serving a prison term includes any confinement time in any state prison or federal penal institution as punishment for commission of an offense, including confinement in a hospital or other institution or facility credited as service of prison time in the jurisdiction of the confinement. (i) For the purposes of this section, a commitment to the State Department of Mental Health, or its successor the State Department of State Hospitals, as a mentally disordered sex offender following a conviction of a felony, which commitment exceeds one year in duration, shall be deemed a prior prison term. (j) For the purposes of this section, when a person subject to the custody, control, and discipline of the Secretary of the Department of Corrections and Rehabilitation is incarcerated at a facility operated by the Division of Juvenile Justice, that incarceration shall be deemed to be a term served in state prison. (k) (1) Notwithstanding subdivisions (d) and (g) or any other law, when one of the new offenses is committed while the defendant is temporarily removed from prison pursuant to Section 2690 or while the defendant is transferred to a community facility pursuant to Section 3416, 6253, or 6263, or while the defendant is on furlough pursuant to Section 6254, the defendant shall be subject to the full enhancements provided for in this section. (2) This subdivision does not apply when a full, separate, and consecutive term is imposed pursuant to any other law. (Amended by Stats. 2024, Ch. 855, Sec. 1. (SB 268) Effective January 1, 2025.)
  183. 667.51.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    A person convicted of violating Section 288 or 288.5 receives a five-year enhancement if the person has a prior conviction listed in subdivision (b).

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 667.51. (a) A person who is convicted of violating Section 288 or 288.5 shall receive a five-year enhancement for a prior conviction of an offense specified in subdivision (b). (b) Section 261, 264.1, 269, 285, 286, 287, 288, 288.5, or 289, former Section 262 or 288a, or any offense committed in another jurisdiction that includes all of the elements of any of the offenses specified in this subdivision. (c) A violation of Section 288 or 288.5 by a person who has been previously convicted two or more times of an offense specified in subdivision (b) shall be punished by imprisonment in the state prison for 15 years to life. (Amended by Stats. 2021, Ch. 626, Sec. 29. (AB 1171) Effective January 1, 2022.)
  184. 667.6.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    This section adds sentencing enhancements for certain specified sex offenses and allows a court to impose a fine in some cases.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 667.6. (a) A person who is convicted of an offense specified in subdivision (e) and who has been convicted previously of any of those offenses shall receive a five-year enhancement for each of those prior convictions. (b) A person who is convicted of an offense specified in subdivision (e) and who has served two or more prior prison terms as defined in Section 667.5 for any of those offenses shall receive a 10-year enhancement for each of those prior terms. (c) In lieu of the term provided in Section 1170.1, a full, separate, and consecutive term may be imposed for each violation of an offense specified in subdivision (e) if the crimes involve the same victim on the same occasion. A term may be imposed consecutively pursuant to this subdivision if a person is convicted of at least one offense specified in subdivision (e). If the term is imposed consecutively pursuant to this subdivision, it shall be served consecutively to any other term of imprisonment, and shall commence from the time the person otherwise would have been released from imprisonment. The term shall not be included in any determination pursuant to Section 1170.1. Any other term imposed subsequent to that term shall not be merged therein but shall commence at the time the person otherwise would have been released from prison. (d) (1) A full, separate, and consecutive term shall be imposed for each violation of an offense specified in subdivision (e) if the crimes involve separate victims or involve the same victim on separate occasions. (2) In determining whether crimes against a single victim were committed on separate occasions under this subdivision, the court shall consider whether, between the commission of one sex crime and another, the defendant had a reasonable opportunity to reflect upon the defendant’s actions and nevertheless resumed sexually assaultive behavior. Neither the duration of time between crimes, nor whether or not the defendant lost or abandoned the opportunity to attack, shall be, in and of itself, determinative on the issue of whether the crimes in question occurred on separate occasions. (3) The term shall be served consecutively to any other term of imprisonment and shall commence from the time the person otherwise would have been released from imprisonment. The term shall not be included in any determination pursuant to Section 1170.1. Any other term imposed subsequent to that term shall not be merged therein but shall commence at the time the person otherwise would have been released from prison. (e) This section shall apply to the following offenses: (1) Rape, in violation of paragraph (2), (3), (6), or (7) of subdivision (a) of Section 261. (2) Rape, in violation of paragraph (1), (4), or (5) of subdivision (a) of former Section 262. (3) Rape or sexual penetration, in concert, in violation of Section 264.1. (4) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d) or (k), of Section 286. (5) Lewd or lascivious act, in violation of subdivision (b) of Section 288. (6) Continuous sexual abuse of a child, in violation of Section 288.5. (7) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d) or (k), of Section 287 or of former Section 288a. (8) Sexual penetration, in violation of subdivision (a) or (g) of Section 289. (9) As a present offense under subdivision (c) or (d), assault with intent to commit a specified sexual offense, in violation of Section 220. (10) As a prior conviction under subdivision (a) or (b), an offense committed in another jurisdiction that includes all of the elements of an offense specified in this subdivision. (f) In addition to any enhancement imposed pursuant to subdivision (a) or (b), the court may also impose a fine not to exceed twenty thousand dollars ($20,000) for anyone sentenced under those provisions. The fine imposed and collected pursuant to this subdivision shall be deposited in the Victim-Witness Assistance Fund to be available for appropriation to fund child sexual exploitation and child sexual abuse victim counseling centers and prevention programs established pursuant to Section 13837. If the court orders a fine to be imposed pursuant to this subdivision, the actual administrative cost of collecting that fine, not to exceed 2 percent of the total amount paid, may be paid into the general fund of the county treasury for the use and benefit of the county. (Amended by Stats. 2021, Ch. 626, Sec. 30. (AB 1171) Effective January 1, 2022.)
  185. 667.61.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    This section sets long prison terms for certain specified sexual offenses when aggravating circumstances are present, and it limits probation, striking allegations, and sentence suspension.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 667.61. (a) Except as provided in subdivision (j), (l), or (m), a person who is convicted of an offense specified in subdivision (c) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 25 years to life. (b) Except as provided in subdivision (a), (j), (l), or (m), a person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 15 years to life. (c) This section shall apply to any of the following offenses: (1) Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261. (2) Rape, in violation of paragraph (1) or (4) of subdivision (a) of former Section 262. (3) Rape or sexual penetration, in concert, in violation of Section 264.1. (4) Lewd or lascivious act, in violation of subdivision (b) of Section 288. (5) Sexual penetration, in violation of subdivision (a) of Section 289. (6) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 286. (7) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 287 or former Section 288a. (8) Lewd or lascivious act, in violation of subdivision (a) of Section 288. (9) Continuous sexual abuse of a child, in violation of Section 288.5. (d) The following circumstances shall apply to the offenses specified in subdivision (c): (1) The defendant has been previously convicted of an offense specified in subdivision (c), including an offense committed in another jurisdiction that includes all of the elements of an offense specified in subdivision (c). (2) The defendant kidnapped the victim of the present offense and the movement of the victim substantially increased the risk of harm to the victim over and above that level of risk necessarily inherent in the underlying offense in subdivision (c). (3) The defendant inflicted aggravated mayhem or torture on the victim or another person in the commission of the present offense in violation of Section 205 or 206. (4) The defendant committed the present offense during the commission of a burglary of the first degree, as defined in subdivision (a) of Section 460, with intent to commit an offense specified in subdivision (c). (5) The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 287 or former Section 288a, and, in the commission of that offense, any person committed any act described in paragraph (2), (3), or (4) of this subdivision. (6) The defendant personally inflicted great bodily injury on the victim or another person in the commission of the present offense in violation of Section 12022.53, 12022.7, or 12022.8. (7) The defendant personally inflicted bodily harm on the victim who was under 14 years of age. (e) The following circumstances shall apply to the offenses specified in subdivision (c): (1) Except as provided in paragraph (2) of subdivision (d), the defendant kidnapped the victim of the present offense in violation of Section 207, 209, or 209.5. (2) Except as provided in paragraph (4) of subdivision (d), the defendant committed the present offense during the commission of a burglary in violation of Section 459. (3) The defendant personally used a dangerous or deadly weapon or a firearm in the commission of the present offense in violation of Section 12022, 12022.3, 12022.5, or 12022.53. (4) The defendant has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim. (5) The defendant engaged in the tying or binding of the victim or another person in the commission of the present offense. (6) The defendant administered a controlled substance to the victim in the commission of the present offense in violation of Section 12022.75. (7) The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 287 or former Section 288a, and, in the commission of that offense, any person committed an act described in paragraph (1), (2), (3), (5), or (6) of this subdivision or paragraph (6) of subdivision (d). (f) If only the minimum number of circumstances specified in subdivision (d) or (e) that are required for the punishment provided in subdivision (a), (b), (j), (l), or (m) to apply have been pled and proved, that circumstance or those circumstances shall be used as the basis for imposing the term provided in subdivision (a), (b), (j), (l), or (m) whichever is greater, rather than being used to impose the punishment authorized under any other law, unless another law provides for a greater penalty or the punishment under another law can be imposed in addition to the punishment provided by this section. However, if any additional circumstance or circumstances specified in subdivision (d) or (e) have been pled and proved, the minimum number of circumstances shall be used as the basis for imposing the term provided in subdivision (a), (j), or (l) and any other additional circumstance or circumstances shall be used to impose any punishment or enhancement authorized under any other law. (g) Notwithstanding Section 1385 or any other law, the court shall not strike any allegation, admission, or finding of any of the circumstances specified in subdivision (d) or (e) for any person who is subject to punishment under this section. (h) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, a person who is subject to punishment under this section. (i) For any offense specified in paragraphs (1) to (7), inclusive, of subdivision (c), or in paragraphs (1) to (6), inclusive, of subdivision (n), the court shall impose a consecutive sentence for each offense that results in a conviction under this section if the crimes involve separate victims or involve the same victim on separate occasions as defined in subdivision (d) of Section 667.6. (j) (1) A person who is convicted of an offense specified in subdivision (c), with the exception of a violation of subdivision (a) of Section 288, upon a victim who is a child under 14 years of age under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e), shall be punished by imprisonment in the state prison for life without the possibility of parole. Where the person was under 18 years of age at the time of the offense, the person shall be punished by imprisonment in the state prison for 25 years to life. (2) A person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e), upon a victim who is a child under 14 years of age, shall be punished by imprisonment in the state prison for 25 years to life. (k) As used in this section, “bodily harm” means any substantial physical injury resulting from the use of force that is more than the force necessary to commit an offense specified in subdivision (c). (l) A person who is convicted of an offense specified in subdivision (n) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e), upon a victim who is a minor 14 years of age or older shall be punished by imprisonment in the state prison for life without the possibility of parole. If the person who was convicted was under 18 years of age at the time of the offense, the person shall be punished by imprisonment in the state prison for 25 years to life. (m) A person who is convicted of an offense specified in subdivision (n) under one of the circumstances specified in subdivision (e) against a minor 14 years of age or older shall be punished by imprisonment in the state prison for 25 years to life. (n) Subdivisions (l) and (m) shall apply to any of the following offenses: (1) Rape, in violation of paragraph (2) of subdivision (a) of Section 261. (2) Rape, in violation of paragraph (1) of subdivision (a) of former Section 262. (3) Rape or sexual penetration, in concert, in violation of Section 264.1. (4) Sexual penetration, in violation of paragraph (1) of subdivision (a) of Section 289. (5) Sodomy, in violation of paragraph (2) of subdivision (c) of Section 286, or in violation of subdivision (d) of Section 286. (6) Oral copulation, in violation of paragraph (2) of subdivision (c) of Section 287 or former Section 288a, or in violation of subdivision (d) of Section 287 or former Section 288a. (o) The penalties provided in this section shall apply only if the existence of any circumstance specified in subdivision (d) or (e) is alleged in the accusatory pleading pursuant to this section, and is either admitted by the defendant in open court or found to be true by the trier of fact. (Amended by Stats. 2021, Ch. 626, Sec. 31. (AB 1171) Effective January 1, 2022.)
  186. 667.7.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    This section requires enhanced punishment for certain repeat felony offenders, including life imprisonment or life without parole depending on the number of qualifying prior prison terms.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 667.7. (a) Any person convicted of a felony in which the person inflicted great bodily injury as provided in Section 12022.53 or 12022.7, or personally used force which was likely to produce great bodily injury, who has served two or more prior separate prison terms as defined in Section 667.5 for the crime of murder; attempted murder; voluntary manslaughter; mayhem; rape by force, violence, or fear of immediate and unlawful bodily injury on the victim or another person; oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person; sodomy by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person; lewd acts on a child under the age of 14 years by use of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person; a violation of subdivision (a) of Section 289 where the act is accomplished against the victim’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person; kidnapping as punished in former subdivision (d) of Section 208, or for ransom, extortion, or robbery; robbery involving the use of force or a deadly weapon; carjacking involving the use of a deadly weapon; assault with intent to commit murder; assault with a deadly weapon; assault with a force likely to produce great bodily injury; assault with intent to commit rape, sodomy, oral copulation, sexual penetration in violation of Section 289, or lewd and lascivious acts on a child; arson of a structure; escape or attempted escape by an inmate with force or violence in violation of subdivision (a) of Section 4530, or of Section 4532; exploding a destructive device with intent to murder in violation of Section 18745; exploding a destructive device which causes bodily injury in violation of Section 18750, or mayhem or great bodily injury in violation of Section 18755; exploding a destructive device with intent to injure, intimidate, or terrify, in violation of Section 18740; any felony in which the person inflicted great bodily injury as provided in Section 12022.53 or 12022.7; or any felony punishable by death or life imprisonment with or without the possibility of parole is a habitual offender and shall be punished as follows: (1) A person who served two prior separate prison terms shall be punished by imprisonment in the state prison for life and shall not be eligible for release on parole for 20 years, or the term determined by the court pursuant to Section 1170 for the underlying conviction, including any enhancement applicable under Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, or any period prescribed by Section 190 or 3046, whichever is greatest. Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall apply to reduce any minimum term in a state prison imposed pursuant to this section, but the person shall not otherwise be released on parole prior to that time. (2) Any person convicted of a felony specified in this subdivision who has served three or more prior separate prison terms, as defined in Section 667.5, for the crimes specified in subdivision (a) of this section shall be punished by imprisonment in the state prison for life without the possibility of parole. (b) This section shall not prevent the imposition of the punishment of death or imprisonment for life without the possibility of parole. No prior prison term shall be used for this determination which was served prior to a period of 10 years in which the person remained free of both prison custody and the commission of an offense which results in a felony conviction. As used in this section, a commitment to the Department of the Youth Authority after conviction for a felony shall constitute a prior prison term. The term imposed under this section shall be imposed only if the prior prison terms are alleged under this section in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by a plea of guilty or nolo contendere or by a trial by the court sitting without a jury. (Amended by Stats. 2010, Ch. 178, Sec. 64. (SB 1115) Effective January 1, 2011. Operative January 1, 2012, by Sec. 107 of Ch. 178.)
  187. 667.70.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    People convicted of murder committed before June 3, 1998, and sentenced under Section 667.7(a)(1), may receive only the credit allowed by Section 2931(a) to (c).

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 667.70. Any person who is convicted of murder, which was committed prior to June 3, 1998, and sentenced pursuant to paragraph (1) of subdivision (a) of Section 667.7, shall be eligible only for credit pursuant to subdivisions (a), (b), and (c) of Section 2931. (Amended by Stats. 1999, Ch. 706, Sec. 8. Effective October 10, 1999.)
  188. 667.71.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    A habitual sexual offender must be punished with 25 years to life in state prison, and the court may not strike certain prior-conviction allegations.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 667.71. (a) For the purpose of this section, a habitual sexual offender is a person who has been previously convicted of one or more of the offenses specified in subdivision (c) and who is convicted in the present proceeding of one of those offenses. (b) A habitual sexual offender shall be punished by imprisonment in the state prison for 25 years to life. (c) This section shall apply to any of the following offenses: (1) Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261. (2) Rape, in violation of paragraph (1) or (4) of subdivision (a) of former Section 262. (3) Rape or sexual penetration, in concert, in violation of Section 264.1. (4) Lewd or lascivious act, in violation of subdivision (a) or (b) of Section 288. (5) Sexual penetration, in violation of subdivision (a) or (j) of Section 289. (6) Continuous sexual abuse of a child, in violation of Section 288.5. (7) Sodomy, in violation of subdivision (c) or (d) of Section 286. (8) Oral copulation, in violation of subdivision (c) or (d) of Section 287 or of former Section 288a. (9) Kidnapping, in violation of subdivision (b) of Section 207. (10) Kidnapping, in violation of former subdivision (d) of Section 208 (kidnapping to commit specified sex offenses). (11) Kidnapping, in violation of subdivision (b) of Section 209 with the intent to commit a specified sexual offense. (12) Aggravated sexual assault of a child, in violation of Section 269. (13) An offense committed in another jurisdiction that includes all of the elements of an offense specified in this subdivision. (d) Notwithstanding Section 1385 or any other law, the court shall not strike any allegation, admission, or finding of any prior conviction specified in subdivision (c) for a person who is subject to punishment under this section. (e) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, a person who is subject to punishment under this section. (f) This section shall apply only if the defendant’s status as a habitual sexual offender is alleged in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the trier of fact. (Amended by Stats. 2021, Ch. 626, Sec. 32. (AB 1171) Effective January 1, 2022.)
  189. 667.75.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    People convicted of certain drug offenses, with two or more prior separate prison terms, may receive life imprisonment and face delayed parole eligibility.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 667.75. Any person convicted of a violation of Section 11353, 11353.5, 11361, 11380, or 11380.5 of the Health and Safety Code who has previously served two or more prior separate prison terms, as defined in Section 667.5, for a violation of Section 11353, 11353.5, 11361, 11380, or 11380.5 of the Health and Safety Code, may be punished by imprisonment in the state prison for life and shall not be eligible for release on parole for 17 years, or the term determined by the court pursuant to Section 1170 for the underlying conviction, including any enhancement applicable under Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, whichever is greatest. The provisions of Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall apply to reduce any minimum term in a state prison imposed pursuant to this section, but the person shall not otherwise be released on parole prior to that time. No prior prison term shall be used for this determination which was served prior to a period of 10 years in which the person remained free of both prison custody and the commission of an offense which results in a felony conviction. As used in this section, a commitment to the Department of the Youth Authority after conviction for a felony shall constitute a prior prison term. The term imposed under this section shall be imposed only if the prior prison terms are alleged under this section in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by a plea of guilty or nolo contendere or by a trial by the court sitting without a jury. (Added by Stats. 1987, Ch. 729, Sec. 1.)
  190. 667.8.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    This section adds a prison term for certain kidnapping-linked felony sexual offenses.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 667.8. (a) Except as provided in subdivision (b), a person convicted of a felony violation of Section 261, 264.1, 286, 287, or 289 or former Section 262 or 288a who, for the purpose of committing that sexual offense, kidnapped the victim in violation of Section 207 or 209, shall be punished by an additional term of nine years. (b) A person convicted of a felony violation of subdivision (c) of Section 286, subdivision (c) of Section 287 or former Section 288a, or Section 288 who, for the purpose of committing that sexual offense, kidnapped the victim, who was under 14 years of age at the time of the offense, in violation of Section 207 or 209, shall be punished by an additional term of 15 years. This subdivision does not apply to conduct proscribed by Section 277, 278, or 278.5. (c) The following shall govern the imposition of an enhancement pursuant to this section: (1) Only one enhancement shall be imposed for a victim per incident. (2) If there are two or more victims, one enhancement can be imposed for each victim per incident. (3) The enhancement may be in addition to the punishment for either, but not both, of the following: (A) A violation of Section 207 or 209. (B) A violation of the sexual offenses enumerated in this section. (Amended by Stats. 2021, Ch. 626, Sec. 33. (AB 1171) Effective January 1, 2022.)
  191. 667.85.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    A person convicted under Section 207 or 209 who kidnaps or carries away a child under 14 with intent to deprive a parent or guardian of custody must receive an additional five years in state prison.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 667.85. Any person convicted of a violation of Section 207 or 209, who kidnapped or carried away any child under the age of 14 years with the intent to permanently deprive the parent or legal guardian custody of that child, shall be punished by imprisonment in the state prison for an additional five years. (Amended by Stats. 1997, Ch. 817, Sec. 11. Effective January 1, 1998.)
  192. 667.9.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    People who commit listed serious crimes against certain vulnerable victims can get a one-year or two-year sentencing enhancement.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 667.9. (a) A person who commits one or more of the crimes specified in subdivision (c) against a person who is 65 years of age or older, or against a person who is blind, deaf, developmentally disabled, a paraplegic, or a quadriplegic, or against a person who is under 14 years of age, and that disability or condition is known or reasonably should be known to the person committing the crime, shall receive a one-year enhancement for each violation. (b) A person who commits a violation of subdivision (a) and who has a prior conviction for any of the offenses specified in subdivision (c), shall receive a two-year enhancement for each violation in addition to the sentence provided under Section 667. (c) Subdivisions (a) and (b) apply to the following crimes: (1) Mayhem, in violation of Section 203 or 205. (2) Kidnapping, in violation of Section 207, 209, or 209.5. (3) Robbery, in violation of Section 211. (4) Carjacking, in violation of Section 215. (5) Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261. (6) Rape, in violation of paragraph (1) or (4) of subdivision (a) of former Section 262. (7) Rape or sexual penetration in concert, in violation of Section 264.1. (8) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 286. (9) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 287 or of former Section 288a. (10) Sexual penetration, in violation of subdivision (a) of Section 289. (11) Burglary of the first degree, as defined in Section 460, in violation of Section 459. (d) As used in this section, “developmentally disabled” means a severe, chronic disability of a person, which is all of the following: (1) Attributable to a mental or physical impairment or a combination of mental and physical impairments. (2) Likely to continue indefinitely. (3) Results in substantial functional limitation in three or more of the following areas of life activity: (A) Self-care. (B) Receptive and expressive language. (C) Learning. (D) Mobility. (E) Self-direction. (F) Capacity for independent living. (G) Economic self-sufficiency. (Amended by Stats. 2021, Ch. 626, Sec. 34. (AB 1171) Effective January 1, 2022.)
  193. 667.95.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    In sentencing for certain violent felonies, the court may treat it as aggravating if the defendant willfully recorded a video of the offense with intent to encourage or facilitate it.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 667.95. In sentencing a person convicted of a violent felony listed in subdivision (c) of Section 667.5, the court may consider, as a factor in aggravation, that the defendant willfully recorded a video of the commission of the violent felony with the intent to encourage or facilitate the offense. (Added by Stats. 2017, Ch. 668, Sec. 1. (AB 1542) Effective January 1, 2018.)
  194. 668.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    A person with a qualifying out-of-state conviction can be punished for a later crime in this state as if the prior conviction had occurred in a California court.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 668. Every person who has been convicted in any other state, government, country, or jurisdiction of an offense for which, if committed within this state, that person could have been punished under the laws of this state by imprisonment in the state prison, is punishable for any subsequent crime committed within this state in the manner prescribed by law and to the same extent as if that prior conviction had taken place in a court of this state. The application of this section includes, but is not limited to, all statutes that provide for an enhancement or a term of imprisonment based on a prior conviction or a prior prison term or a term pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2011, Ch. 15, Sec. 444. (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.)
  195. 668.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    This section says a prior felony conviction can include convictions under predecessor statutes that contained all the same elements.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 668.5. An offense specified as a prior felony conviction by reference to a specific code section shall include any prior felony conviction under any predecessor statute of that specified offense that includes all of the elements of that specified offense. The application of this section includes, but is not limited to, all statutes that provide for an enhancement or a term of imprisonment based on a prior conviction or a prior prison term. (Added by Stats. 1999, Ch. 350, Sec. 2. Effective September 7, 1999.)
  196. 669.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    When a person is convicted of multiple crimes, the court must decide whether the prison terms run concurrently or consecutively, and the corrections department must tell the court about any prior unfinished judgments.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 669. (a) When a person is convicted of two or more crimes, whether in the same proceeding or court or in different proceedings or courts, and whether by judgment rendered by the same judge or by different judges, the second or other subsequent judgment upon which sentence is ordered to be executed shall direct whether the terms of imprisonment or any of them to which he or she is sentenced shall run concurrently or consecutively. Life sentences, whether with or without the possibility of parole, may be imposed to run consecutively with one another, with any term imposed for applicable enhancements, or with any other term of imprisonment for a felony conviction. Whenever a person is committed to prison on a life sentence which is ordered to run consecutive to any determinate term of imprisonment, the determinate term of imprisonment shall be served first and no part thereof shall be credited toward the person’s eligibility for parole as calculated pursuant to Section 3046 or pursuant to any other section of law that establishes a minimum period of confinement under the life sentence before eligibility for parole. (b) In the event that the court at the time of pronouncing the second or other judgment upon that person had no knowledge of a prior existing judgment or judgments, or having knowledge, fails to determine how the terms of imprisonment shall run in relation to each other, then, upon that failure to determine, or upon that prior judgment or judgments being brought to the attention of the court at any time prior to the expiration of 60 days from and after the actual commencement of imprisonment upon the second or other subsequent judgments, the court shall, in the absence of the defendant and within 60 days of the notice, determine how the term of imprisonment upon the second or other subsequent judgment shall run with reference to the prior incompleted term or terms of imprisonment. Upon the failure of the court to determine how the terms of imprisonment on the second or subsequent judgment shall run, the term of imprisonment on the second or subsequent judgment shall run concurrently. (c) The Department of Corrections and Rehabilitation shall advise the court pronouncing the second or other subsequent judgment of the existence of all prior judgments against the defendant, the terms of imprisonment of which have not been completely served. (d) When a court imposes a concurrent term of imprisonment and imprisonment for one of the crimes is required to be served in the state prison, the term for all crimes shall be served in the state prison, even if the term for any other offense specifies imprisonment in a county jail pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2012, Ch. 43, Sec. 23. (SB 1023) Effective June 27, 2012.)
  197. 67.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE [67 - 77] ( Title 5 enacted 1872. )

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    A person may not bribe an executive officer in this state to influence the officer’s official acts or decisions.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE [67 - 77] ( Title 5 enacted 1872. ) ## 67. Every person who gives or offers any bribe to any executive officer in this state, with intent to influence him in respect to any act, decision, vote, opinion, or other proceeding as such officer, is punishable by imprisonment in the state prison for two, three or four years, and is disqualified from holding any office in this state. (Amended by Stats. 1976, Ch. 1139.)
  198. 67.5.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE [67 - 77] ( Title 5 enacted 1872. )

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    A person may not give or offer a bribe to certain California public officers, employees, or appointees; the penalty depends on whether the item involved would be petty theft or grand theft.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 5. OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE [67 - 77] ( Title 5 enacted 1872. ) ## 67.5. (a) Every person who gives or offers as a bribe to any ministerial officer, employee, or appointee of the State of California, county or city therein, or political subdivision thereof, any thing the theft of which would be petty theft is guilty of a misdemeanor. (b) If the theft of the thing given or offered would be grand theft the offense is a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170. (Amended by Stats. 2011, Ch. 15, Sec. 234. (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.)
  199. 670.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    People who commit specified fraud-related violations tied to disaster-related repair or improvement work can face doubled fines, possible consecutive one-year enhancements for prior specified felony convictions, restitution orders, and a longer probation period.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 670. (a) Any person who violates Section 7158 or 7159 of, or subdivision (b), (c), (d), or (e) of Section 7161 of, the Business and Professions Code or Section 470, 484, 487, or 532 of this code as part of a plan or scheme to defraud an owner or lessee of a residential or nonresidential structure in connection with the offer or performance of repairs or improvements to the structure or property, or the adding to, or subtracting from, grounds in connection therewith, for damage or destruction caused by a natural disaster specified in subdivision (b), shall be subject to the penalties and enhancements specified in subdivisions (c) and (d). The existence of any fact which would bring a person under this section 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 a plea of guilty or nolo contendere or by trial by the court sitting without a jury. (b) This section applies to natural disasters for which a state of emergency is proclaimed by the Governor pursuant to Section 8625 of the Government Code or for which an emergency or major disaster is declared by the President of the United States. (c) The maximum or prescribed amounts of fines for offenses subject to this section shall be doubled. If the person has been previously convicted of a felony offense specified in subdivision (a), the person shall receive a one-year enhancement in addition to, and to run consecutively to, the term of imprisonment for any felony otherwise prescribed by this subdivision. (d) Additionally, the court shall order any person sentenced pursuant to this section to make full restitution to the victim or to make restitution to the victim based on the person’s ability to pay, as defined in subdivision (e) of Section 1203.1b. The payment of the restitution ordered by the court pursuant to this subdivision shall be made a condition of any probation granted by the court for an offense punishable under this section. Notwithstanding any other provision of law, the period of probation shall be at least five years or until full restitution is made to the victim, whichever first occurs. (e) Notwithstanding any other provision of law, the prosecuting agency shall be entitled to recover its costs of investigation and prosecution from any fines imposed for a conviction under this section. (Amended by Stats. 2020, Ch. 364, Sec. 6. (SB 1189) Effective January 1, 2021.)
  200. 672.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. )

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    After a conviction for a crime punishable by jail or prison, if no fine is already prescribed, the court may add a fine to the sentence.

    ## Penal Code - PEN ## PART 1. OF CRIMES AND PUNISHMENTS [25 - 680.4] ( Part 1 enacted 1872. ) ## TITLE 16. GENERAL PROVISIONS [654 - 678] ( Title 16 enacted 1872. ) ## 672. Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding one thousand dollars ($1,000) in cases of misdemeanors or ten thousand dollars ($10,000) in cases of felonies, in addition to the imprisonment prescribed. (Amended by Stats. 1983, Ch. 1092, Sec. 320. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)

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