2009 California Penal Code - Section 302-310.5 :: Chapter 7. Of Crimes Against Religion And Conscience, And Other Offenses Against Good Morals

PENAL CODE
SECTION 302-310.5

302.  (a) Every person who intentionally disturbs or disquiets any
assemblage of people met for religious worship at a tax-exempt place
of worship, by profane discourse, rude or indecent behavior, or by
any unnecessary noise, either within the place where the meeting is
held, or so near it as to disturb the order and solemnity of the
meeting, is guilty of a misdemeanor punishable by a fine not
exceeding one thousand dollars ($1,000), or by imprisonment in a
county jail for a period not exceeding one year, or by both that fine
and imprisonment.
   (b) A court may require performance of community service of not
less than 50 hours and not exceeding 80 hours as an alternative to
imprisonment or a fine.
   (c) In addition to the penalty set forth in subdivision (a), a
person who has suffered a previous conviction of a violation of this
section or Section 403, shall be required to perform community
service of not less than 120 hours and not exceeding 160 hours.
   (d) The existence of any fact which would bring a person under
subdivision (c) or (d) shall be alleged in the complaint,
information, or indictment and either:
   (1) Admitted by the defendant in open court.
   (2) Found to be true by a jury trying the issue of guilt.
   (3) Found to be true by the court where guilt is established by a
plea of guilty or nolo contendere.
   (4) Found to be true by trial by the court sitting without a jury.
   (e) Upon conviction of any person under this section for
disturbances of religious worship, the court may, in accordance with
the performance of community service imposed under this section,
consistent with public safety interests and with the victim's
consent, order the defendant to perform a portion of, or all of, the
required community service at the place where the disturbance of
religious worship occurred.
   (f) The court may waive the mandatory minimum requirements for
community service whenever it is in the interest of justice to do so.
When a waiver is granted, the court shall state on the record all
reasons supporting the waiver.

303.  It shall be unlawful for any person engaged in the sale of
alcoholic beverages, other than in the original package, to employ
upon the premises where the alcoholic beverages are sold any person
for the purpose of procuring or encouraging the purchase or sale of
such beverages, or to pay any person a percentage or commission on
the sale of such beverages for procuring or encouraging such purchase
or sale. Violation of this section shall be a misdemeanor.

303a.  It shall be unlawful, in any place of business where
alcoholic beverages are sold to be consumed upon the premises, for
any person to loiter in or about said premises for the purpose of
begging or soliciting any patron or customer of, or visitor in, such
premises to purchase any alcoholic beverage for the one begging or
soliciting. Violation of this section shall be a misdemeanor.

307.  Every person, firm, or corporation which sells or gives or in
any way furnishes to another person, who is in fact under the age of
21 years, any candy, cake, cookie, or chewing gum which contains
alcohol in excess of 1/2 of 1 percent by weight, is guilty of a
misdemeanor.

308.  (a) (1) Every person, firm, or corporation that knowingly or
under circumstances in which it has knowledge, or should otherwise
have grounds for knowledge, sells, gives, or in any way furnishes to
another person who is under the age of 18 years any tobacco,
cigarette, or cigarette papers, or blunts wraps, or any other
preparation of tobacco, or any other instrument or paraphernalia that
is designed for the smoking or ingestion of tobacco, products
prepared from tobacco, or any controlled substance, is subject to
either a criminal action for a misdemeanor or to a civil action
brought by a city attorney, a county counsel, or a district attorney,
punishable by a fine of two hundred dollars ($200) for the first
offense, five hundred dollars ($500) for the second offense, and one
thousand dollars ($1,000) for the third offense.
   Notwithstanding Section 1464 or any other provision of law, 25
percent of each civil and criminal penalty collected pursuant to this
subdivision shall be paid to the office of the city attorney, county
counsel, or district attorney, whoever is responsible for bringing
the successful action, and 25 percent of each civil and criminal
penalty collected pursuant to this subdivision shall be paid to the
city or county for the administration and cost of the community
service work component provided in subdivision (b).
   Proof that a defendant, or his or her employee or agent, demanded,
was shown, and reasonably relied upon evidence of majority shall be
defense to any action brought pursuant to this subdivision. Evidence
of majority of a person is a facsimile of or a reasonable likeness of
a document issued by a federal, state, county, or municipal
government, or subdivision or agency thereof, including, but not
limited to, a motor vehicle operator's license, a registration
certificate issued under the federal Selective Service Act, or an
identification card issued to a member of the Armed Forces.
   For purposes of this section, the person liable for selling or
furnishing tobacco products to minors by a tobacco vending machine
shall be the person authorizing the installation or placement of the
tobacco vending machine upon premises he or she manages or otherwise
controls and under circumstances in which he or she has knowledge, or
should otherwise have grounds for knowledge, that the tobacco
vending machine will be utilized by minors.
   (2) For purposes of this section, "blunt wraps" means cigar papers
or cigar wrappers of all types that are designed for smoking or
ingestion of tobacco products and contain less than 50 percent
tobacco.
   (b) Every person under the age of 18 years who purchases,
receives, or possesses any tobacco, cigarette, or cigarette papers,
or any other preparation of tobacco, or any other instrument or
paraphernalia that is designed for the smoking of tobacco, products
prepared from tobacco, or any controlled substance shall, upon
conviction, be punished by a fine of seventy-five dollars ($75) or 30
hours of community service work.
   (c) Every person, firm, or corporation that sells, or deals in
tobacco or any preparation thereof, shall post conspicuously and keep
so posted in his, her, or their place of business at each point of
purchase the notice required pursuant to subdivision (b) of Section
22952 of the Business and Professions Code, and any person failing to
do so shall, upon conviction, be punished by a fine of fifty dollars
($50) for the first offense, one hundred dollars ($100) for the
second offense, two hundred fifty dollars ($250) for the third
offense, and five hundred dollars ($500) for the fourth offense and
each subsequent violation of this provision, or by imprisonment in a
county jail not exceeding 30 days.
   (d) For purposes of determining the liability of persons, firms,
or corporations controlling franchises or business operations in
multiple locations for the second and subsequent violations of this
section, each individual franchise or business location shall be
deemed a separate entity.
   (e) It is the Legislature's intent to regulate the subject matter
of this section. As a result, no city, county, or city and county
shall adopt any ordinance or regulation inconsistent with this
section.

308.1.  (a) Notwithstanding any other provision of law, no person
shall sell, offer for sale, distribute, or import any tobacco product
commonly referred to as "bidis" or "beedies," unless that tobacco
product is sold, offered for sale, or intended to be sold in a
business establishment that prohibits the presence of persons under
18 years of age on its premises.
   (b) For purposes of this section, "bidis" or "beedies" means a
product containing tobacco that is wrapped in temburni leaf
(diospyros melanoxylon) or tendu leaf (diospyros exculpra).
   (c) Any person who violates this section is guilty of a
misdemeanor or subject to a civil action brought by the Attorney
General, a city attorney, county counsel, or district attorney for an
injunction and a civil penalty of up to two thousand dollars
($2,000) per violation. This subdivision does not affect any other
remedies available for a violation of this section.

308.2.  (a) Every person who sells one or more cigarettes, other
than in a sealed and properly labeled package, is guilty of an
infraction.
   (b) "A sealed and properly labeled package," as used in this
section, means the original packaging or sanitary wrapping of the
manufacturer or importer which conforms to federal labeling
requirements, including the federal warning label.

308.3.  (a) A person, firm, corporation, or business may not
manufacture for sale, distribute, sell, or offer to sell any
cigarette, except in a package containing at least 20 cigarettes. A
person, firm, corporation, or business may not manufacture for sale,
distribute, sell, or offer to sell any roll-your-own tobacco, except
in a package containing at least 0.60 ounces of tobacco.
   (b) As used in subdivision (a), "cigarette" means any product that
contains nicotine, is intended to be burned or heated under ordinary
conditions of use, and consists of, or contains any of, the
following:
   (1) Any roll of tobacco wrapped in paper or in any substance not
containing tobacco.
   (2) Tobacco, in any form, that is functional in the product, that,
because of its appearance, the type of tobacco used in the filler,
or its packaging and labeling, is likely to be offered to, or
purchased by, consumers as a cigarette.
   (3) Any roll of tobacco wrapped in any substance containing
tobacco which, because of its appearance, the type of tobacco used in
the filler, or its packaging and labeling, is likely to be offered
to, or purchased by, consumers as a cigarette described in this
subdivision.
   (c) Any person, firm, corporation, or business that violates this
section is liable for an infraction, or in an action brought by the
Attorney General, a district attorney, a county counsel, or a city
attorney for a civil penalty of two hundred dollars ($200) for the
first violation, five hundred dollars ($500) for the second
violation, and one thousand dollars ($1,000) for each subsequent act
constituting a violation.

308.5.  (a) No person or business shall sell, lease, rent, or
provide, or offer to sell, lease, rent, or otherwise offer to the
public or to public establishments in this state, any video game
intended for either private use or for use in a public establishment
and intended primarily for use by any person under the age of 18
years, which contains, in its design and in the on-screen
presentation of the video game, any paid commercial advertisement of
alcoholic beverage or tobacco product containers or other forms of
consumer packaging, particular brand names, trademarks, or
copyrighted slogans of alcoholic beverages or tobacco products.
   (b) As used in this section, "video game" means any electronic
amusement device that utilizes a computer, microprocessor, or similar
electronic circuitry and its own cathode ray tube, or is designed to
be used with a television set or a monitor, that interacts with the
user of the device.
   (c) A violation of this section is a misdemeanor.

308b.  (a) Except as provided in subdivision (b), every person who
knowingly delivers or causes to be delivered to any residence in this
state any tobacco products unsolicited by any person residing
therein is guilty of a misdemeanor.
   (b) It is a defense to a violation of this section that the
recipient of the tobacco products is personally known to the
defendant at the time of the delivery.
   (c) The distribution of unsolicited tobacco products to residences
in violation of this section is a nuisance within the meaning of
Section 3479 of the Civil Code.
   (d) Nothing in this section shall be construed to impose any
liability on any employee of the United States Postal Service for
actions performed in the scope of his employment by the United States
Postal Service.

309.  Any proprietor, keeper, manager, conductor, or person having
the control of any house of prostitution, or any house or room
resorted to for the purpose of prostitution, who shall admit or keep
any minor of either sex therein; or any parent or guardian of any
such minor, who shall admit or keep such minor, or sanction, or
connive at the admission or keeping thereof, into, or in any such
house, or room, shall be guilty of a misdemeanor.

310.  Any minor under the age of 16 years who visits or attends any
prizefight, cockfight, or place where any prizefight, or cockfight,
is advertised to take place, and any owner, lessee, or proprietor, or
the agent of any owner, lessee, or proprietor of any place where any
prizefight or cockfight is advertised or represented to take place
who admits any minor to a place where any prizefight or cockfight is
advertised or represented to take place or who admits, sells or gives
to any such minor a ticket or other paper by which such minor may be
admitted to a place where a prizefight or cockfight is advertised to
take place, is guilty of a misdemeanor, and is punishable by a fine
of not exceeding one hundred dollars ($100) or by imprisonment in the
county jail for not more than 25 days.

310.2.  (a) Any coach, trainer, or other person acting in an
official or nonofficial capacity as an adult supervisor for an
athletic team consisting of minors under the age of 18 who sells,
gives, or otherwise furnishes to any member of that team a diuretic,
diet pill, or laxative with the intent that it be consumed, injected,
or administered for any nonmedical purpose such as loss of weight or
altering the body in any way related to participation on the team or
league, is guilty of a misdemeanor.
   (b) Subdivision (a) does not apply to a minor's parent or
guardian, or any person acting at the written direction of, or with
the written consent of, the parent or guardian, if that person is in
fact acting with that authority. Subdivision (a) does not apply to a
physician.

310.5.  (a) Any parent or guardian of a child who enters into an
agreement on behalf of that child which is in violation of Section
1669.5 of the Civil Code, and any alleged perpetrator of an unlawful
sex act upon that child who enters into such an agreement, is guilty
of a misdemeanor.
   (b) Every person convicted of a violation of subdivision (a) shall
be punished 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 for not less than 30 days nor more than six months, or by
both such a fine and imprisonment, at the discretion of the court.
   (c) For purposes of this section, "unlawful sex act," means a
felony sex offense committed against a minor.


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