2009 California Penal Code - Section 112-117 :: Chapter 4. Forging, Stealing, Mutilating, And Falsifying Judicial And Public Records And Documents

PENAL CODE
SECTION 112-117

112.  (a) Any person who manufactures or sells any false government
document with the intent to conceal the true citizenship or resident
alien status of another person is guilty of a misdemeanor and shall
be punished by imprisonment in a county jail for one year. Every
false government document that is manufactured or sold in violation
of this section may be charged and prosecuted as a separate and
distinct violation, and consecutive sentences may be imposed for each
violation.
   (b) A prosecuting attorney shall have discretion to charge a
defendant with a violation of this section or any other law that
applies.
   (c) As used in this section, "government document" means any
document issued by the United States government or any state or local
government, including, but not limited to, any passport, immigration
visa, employment authorization card, birth certificate, driver's
license, identification card, or social security card.

113.  Any person who manufactures, distributes or sells false
documents to conceal the true citizenship or resident alien status of
another person is guilty of a felony, and shall be punished by
imprisonment in the state prison for five years or by a fine of
seventy-five thousand dollars ($75,000).

114.  Any person who uses false documents to conceal his or her true
citizenship or resident alien status is guilty of a felony, and
shall be punished by imprisonment in the state prison for five years
or by a fine of twenty-five thousand dollars ($25,000).

115.  (a) Every person who knowingly procures or offers any false or
forged instrument to be filed, registered, or recorded in any public
office within this state, which instrument, if genuine, might be
filed, registered, or recorded under any law of this state or of the
United States, is guilty of a felony.
   (b) Each instrument which is procured or offered to be filed,
registered, or recorded in violation of subdivision (a) shall
constitute a separate violation of this section.
   (c) Except in unusual cases where the interests of justice would
best be served if probation is granted, probation shall not be
granted to, nor shall the execution or imposition of sentence be
suspended for, any of the following persons:
   (1) Any person with a prior conviction under this section who is
again convicted of a violation of this section in a separate
proceeding.
   (2) Any person who is convicted of more than one violation of this
section in a single proceeding, with intent to defraud another, and
where the violations resulted in a cumulative financial loss
exceeding one hundred thousand dollars ($100,000).
   (d) For purposes of prosecution under this section, each act of
procurement or of offering a false or forged instrument to be filed,
registered, or recorded shall be considered a separately punishable
offense.

115.1.  (a) The Legislature finds and declares that the voters of
California are entitled to accurate representations in materials that
are directed to them in efforts to influence how they vote.
   (b) No person shall publish or cause to be published, with intent
to deceive, any campaign advertisement containing a signature that
the person knows to be unauthorized.
   (c) For purposes of this section, "campaign advertisement" means
any communication directed to voters by means of a mass mailing as
defined in Section 82041.5 of the Government Code, a paid television,
radio, or newspaper advertisement, an outdoor advertisement, or any
other printed matter, if the expenditures for that communication are
required to be reported by Chapter 4 (commencing with Section 84100)
of Title 9 of the Government Code.
   (d) For purposes of this section, an authorization to use a
signature shall be oral or written.
   (e) Nothing in this section shall be construed to prohibit a
person from publishing or causing to be published a reproduction of
all or part of a document containing an actual or authorized
signature, provided that the signature so reproduced shall not, with
the intent to deceive, be incorporated into another document in a
manner that falsely suggests that the person whose signature is
reproduced has signed the other document.
   (f) Any knowing or willful violation of this section is a public
offense punishable by imprisonment in the state prison or in a county
jail, or by a fine not to exceed fifty thousand dollars ($50,000),
or by both that fine and imprisonment.
   (g) As used in this section, "signature" means either of the
following:
   (1) A handwritten or mechanical signature, or a copy thereof.
   (2) Any representation of a person's name, including, but not
limited to, a printed or typewritten representation, that serves the
same purpose as a handwritten or mechanical signature.

115.2.  (a) No person shall publish or cause to be published, with
actual knowledge, and intent to deceive, any campaign advertisement
containing false or fraudulent depictions, or false or fraudulent
representations, of official public documents or purported official
public documents.
   (b) For purposes of this section, "campaign advertisement" means
any communication directed to voters by means of a mass mailing as
defined in Section 82041.5 of the Government Code, a paid newspaper
advertisement, an outdoor advertisement, or any other printed matter,
if the expenditures for that communication are required to be
reported by Chapter 4 (commencing with Section 84100) of Title 9 of
the Government Code.
   (c) Any violation of this section is a misdemeanor punishable by
imprisonment in the county jail, or by a fine not to exceed fifty
thousand dollars ($50,000), or both.

115.25.  (a) No person or entity shall authorize the production or
distribution, or participate in the authorization of the production
or distribution, of any document, including, but not limited to, any
campaign advertisement, as defined in subdivision (d), that the
person or entity knows contains inaccurate emergency service phone
numbers for various emergency services, including, but not limited
to, police, fire, or ambulance services.
   (b) A violation of subdivision (a) shall be an infraction,
punishable by a fine not exceeding two hundred fifty dollars ($250).
   (c) A violation of subdivision (a) resulting in the serious injury
or death of persons who innocently rely on the erroneous phone
numbers contained in the document is a misdemeanor, punishable by a
fine not exceeding ten thousand dollars ($10,000), by imprisonment in
a county jail not exceeding one year, or by both that fine and
imprisonment.
   (d) For purposes of this section, "campaign advertisement" means
any communication directed to voters by means of a mass mailing, as
defined in Section 82041.5 of the Government Code, a paid television,
radio, or newspaper advertisement, an outdoor advertisement, or any
other printed matter, if the expenditures for that communication are
required to be reported by Chapter 4 (commencing with Section 84100)
of Title 9 of the Government Code.

115.3.  Any person who alters a certified copy of an official
record, or knowingly furnishes an altered certified copy of an
official record, of this state, including the executive, legislative,
and judicial branches thereof, or of any city, county, city and
county, district, or political subdivision thereof, is guilty of a
misdemeanor.

115.5.  (a) Every person who files any false or forged document or
instrument with the county recorder which affects title to, places an
encumbrance on, or places an interest secured by a mortgage or deed
of trust on, real property consisting of a single-family residence
containing not more than four dwelling units, with knowledge that the
document is false or forged, is punishable, in addition to any other
punishment, by a fine not exceeding seventy-five thousand dollars
($75,000).
   (b) Every person who makes a false sworn statement to a notary
public, with knowledge that the statement is false, to induce the
notary public to perform an improper notarial act on an instrument or
document affecting title to, or placing an encumbrance on, real
property consisting of a single-family residence containing not more
than four dwelling units is guilty of a felony.

116.  Every person who adds any names to the list of persons
selected to serve as jurors for the county, either by placing the
names in the jury box or otherwise, or extracts any name therefrom,
or destroys the jury box or any of the pieces of paper containing the
names of jurors, or mutilates or defaces the names so that they
cannot be read, or changes the names on the pieces of paper, except
in cases allowed by law, is guilty of a felony.

116.5.  (a) A person is guilty of tampering with a jury when, prior
to, or within 90 days of, discharge of the jury in a criminal
proceeding, he or she does any of the following:
   (1) Confers, or offers or agrees to confer, any payment or benefit
upon a juror or upon a third person who is acting on behalf of a
juror in consideration for the juror or third person supplying
information in relation to an action or proceeding.
   (2) Acting on behalf of a juror, accepts or agrees to accept any
payment or benefit for himself or herself or for the juror in
consideration for supplying any information in relation to an action
or proceeding.
   (3) Acting on behalf of himself or herself, agrees to accept,
directly or indirectly, any payment or benefit in consideration for
supplying any information in relation to an action or proceeding.
   (b) Any person who violates this section is guilty of a
misdemeanor.
   (c) In the case of a juror who is within 90 days of having been
discharged, otherwise lawful compensation not exceeding fifty dollars
($50) in value shall not constitute a criminal violation of this
section.
   (d) Upon conviction under this section, in addition to the penalty
described in subdivision (b), any compensation received in violation
of this section shall be forfeited by the defendant and deposited in
the Victim Restitution Fund.

117.  Every officer or person required by law to certify to the list
of persons selected as jurors who maliciously, corruptly, or
willfully certifies to a false or incorrect list, or a list
containing other names than those selected, or who, being required by
law to write down the names placed on the certified lists on
separate pieces of paper, does not write down and place in the jury
box the same names that are on the certified list, and no more and no
less than are on such list, is guilty of a felony.


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