2009 California Penal Code - Section 346-368 :: Chapter 12. Other Injuries To Persons

PENAL CODE
SECTION 346-368

346.  Any person who, without the written permission of the owner or
operator of the property on which an entertainment event is to be
held or is being held, sells a ticket of admission to the
entertainment event, which was obtained for the purpose of resale, at
any price which is in excess of the price that is printed or
endorsed upon the ticket, while on the grounds of or in the stadium,
arena, theater, or other place where an event for which admission
tickets are sold is to be held or is being held, is guilty of a
misdemeanor.

347.  (a) (1) Every person who willfully mingles any poison or
harmful substance with any food, drink, medicine, or pharmaceutical
product or who willfully places any poison or harmful substance in
any spring, well, reservoir, or public water supply, where the person
knows or should have known that the same would be taken by any human
being to his or her injury, is guilty of a felony punishable by
imprisonment in the state prison for two, four, or five years.
   (2) Any violation of paragraph (1) involving the use of a poison
or harmful substance that may cause death if ingested or that causes
the infliction of great bodily injury on any person shall be punished
by an additional term of three years.
   (b) Any person who maliciously informs any other person that a
poison or other harmful substance has been or will be placed in any
food, drink, medicine, pharmaceutical product, or public water
supply, knowing that such report is false, is guilty of a crime
punishable by imprisonment in the state prison, or by imprisonment in
the county jail not to exceed one year.
   (c) The court may impose the maximum fine for each item tampered
with in violation of subdivision (a).

347b.  It shall be unlawful for any person, firm or corporation to
manufacture, sell, furnish, or give away, or offer to manufacture,
sell, furnish, or give away any alcoholic solution of a potable
nature containing any deleterious or poisonous substance, and the
burden of proof shall be upon the person, firm, or corporation
manufacturing, selling, furnishing, or giving away, or offering to
manufacture, sell, furnish, or give away, any such alcoholic solution
of a potable nature containing any deleterious or poisonous
substance, to show that such alcoholic solution of a potable nature
did not contain any deleterious or poisonous substance. Every person
who violates any of the provisions of this section is guilty of a
misdemeanor, and 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 such fine and
imprisonment.

350.  (a) Any person who willfully manufactures, intentionally
sells, or knowingly possesses for sale any counterfeit mark
registered with the Secretary of State or registered on the Principal
Register of the United States Patent and Trademark Office, shall,
upon conviction, be punishable as follows:
   (1) When the offense involves less than 1,000 of the articles
described in this subdivision, with a total retail or fair market
value less than that required for grand theft as defined in Section
487, and if the person is an individual, he or she shall be punished
by a fine of not more than five thousand dollars ($5,000), or by
imprisonment in a county jail for not more than one year, or by both
that fine and imprisonment; or, if the person is a business entity,
by a fine of not more than one hundred thousand dollars ($100,000).
   (2) When the offense involves 1,000 or more of the articles
described in this subdivision, or has a total retail or fair market
value equal to or greater than that required for grand theft as
defined in Section 487, and if the person is an individual, he or she
shall be punished by imprisonment in a county jail not to exceed one
year, or in the state prison for 16 months, or two or three years,
or by a fine not to exceed two hundred fifty thousand dollars
($250,000), or by both that imprisonment and fine; or, if the person
is a business entity, by a fine not to exceed five hundred thousand
dollars ($500,000).
   (b) Any person who has been convicted of a violation of either
paragraph (1) or (2) of subdivision (a) shall, upon a subsequent
conviction of paragraph (1) of subdivision (a), if the person is an
individual, be punished by a fine of not more than fifty thousand
dollars ($50,000), or by imprisonment in a county jail for not more
than one year, or in the state prison for 16 months, or two or three
years, or by both that fine and imprisonment; or, if the person is a
business entity, by a fine of not more than two hundred thousand
dollars ($200,000).
   (c) Any person who has been convicted of a violation of
subdivision (a) and who, by virtue of the conduct that was the basis
of the conviction, has directly and foreseeably caused death or great
bodily injury to another through reliance on the counterfeited item
for its intended purpose shall, if the person is an individual, be
punished by a fine of not more than fifty thousand dollars ($50,000),
or by imprisonment in the state prison for two, three, or four
years, or by both that fine and imprisonment; or, if the person is a
business entity, by a fine of not more than two hundred thousand
dollars ($200,000).
   (d) (1) Except as provided in paragraph (2), in any action brought
under this section resulting in a conviction or a plea of nolo
contendere, the court shall order the forfeiture and destruction of
all of those marks and of all goods, articles, or other matter
bearing the marks, and the forfeiture and destruction or other
disposition of all means of making the marks, and any and all
electrical, mechanical, or other devices for manufacturing,
reproducing, transporting, or assembling these marks, that were used
in connection with, or were part of, any violation of this section.
   (2) Upon request of any law enforcement agency and consent from
the specific registrants, the court may consider a motion to have the
items described in paragraph (1), not including recordings or
audiovisual works as defined in Section 653w, donated to a nonprofit
organization for the purpose of distributing the goods to persons
living in poverty at no charge to the persons served by the
organization.
   (3) Forfeiture of the proceeds of the crime shall be subject to
Chapter 9 (commencing with Section 186) of Title 7 of Part 1.
However, no vehicle shall be forfeited under this section that may be
lawfully driven on the highway with a class 3 or 4 license, as
prescribed in Section 12804 of the Vehicle Code, and that is any of
the following:
   (A) A community property asset of a person other than the
defendant.
   (B) The sole class 3 or 4 vehicle available to the immediate
family of that person or of the defendant.
   (C) Reasonably necessary to be retained by the defendant for the
purpose of lawfully earning a living, or for any other reasonable and
lawful purpose.
   (e) For the purposes of this section, the following definitions
shall apply:
   (1) When counterfeited but unassembled components of computer
software packages are recovered, including, but not limited to,
counterfeited computer diskettes, instruction manuals, or licensing
envelopes, the number of "articles" shall be equivalent to the number
of completed computer software packages that could have been made
from those components.
   (2) "Business entity" includes, but is not limited to, a
corporation, limited liability company, or partnership. "Business
entity" does not include a sole proprietorship.
   (3) "Counterfeit mark" means a spurious mark that is identical
with, or confusingly similar to, a registered mark and is used, or
intended to be used, on or in connection with the same type of goods
or services for which the genuine mark is registered. It is not
necessary for the mark to be displayed on the outside of an article
for there to be a violation. For articles containing digitally stored
information, it shall be sufficient to constitute a violation if the
counterfeit mark appears on a video display when the information is
retrieved from the article. The term "spurious mark" includes genuine
marks used on or in connection with spurious articles and includes
identical articles containing identical marks, where the goods or
marks were reproduced without authorization of, or in excess of any
authorization granted by, the registrant. When counterfeited but
unassembled components of any articles described under subdivision
(a) are recovered, including, but not limited to, labels, patches,
fabric, stickers, wrappers, badges, emblems, medallions, charms,
boxes, containers, cans, cases, hangtags, documentation, or
packaging, or any other components of any type or nature that are
designed, marketed, or otherwise intended to be used on or in
connection with any articles described under subdivision (a), the
number of "articles" shall be equivalent to the number of completed
articles that could have been made from those components.
   (4) "Knowingly possess" means that the person possessing an
article knew or had reason to believe that it was spurious, or that
it was used on or in connection with spurious articles, or that it
was reproduced without authorization of, or in excess of any
authorization granted by, the registrant.
   (5) Notwithstanding Section 7, "person" includes, but is not
limited to, a business entity.
   (6) "Registrant" means any person to whom the registration of a
mark is issued and that person's legal representatives, successors,
or assigns.
   (7) "Sale" includes resale.
   (8) "Value" has the following meanings:
   (A) When counterfeit items of computer software are manufactured
or possessed for sale, the "value" of those items shall be equivalent
to the retail price or fair market price of the true items that are
counterfeited.
   (B) When counterfeited but unassembled components of computer
software packages or any other articles described under subdivision
(a) are recovered, including, but not limited to, counterfeited
digital disks, instruction manuals, licensing envelopes, labels,
patches, fabric, stickers, wrappers, badges, emblems, medallions,
charms, boxes, containers, cans, cases, hangtags, documentation, or
packaging, or any other components of any type or nature that are
designed, marketed, or otherwise intended to be used on or in
connection with any articles described under subdivision (a), the
"value" of those components shall be equivalent to the retail price
or fair market value of the number of completed computer software
packages or other completed articles described under subdivision (a)
that could have been made from those components.
   (C) "Retail or fair market value" of a counterfeit article means a
value equivalent to the retail price or fair market value, as of the
last day of the charged crime, of a completed similar genuine
article containing a genuine mark.
   (f) This section shall not be enforced against any party who has
adopted and lawfully used the same or confusingly similar mark in the
rendition of like services or the manufacture or sale of like goods
in this state from a date prior to the earliest effective date of
registration of the service mark or trademark either with the
Secretary of State or on the Principle Register of the United States
Patent and Trademark Office.
   (g) An owner, officer, employee, or agent who provides, rents,
leases, licenses, or sells real property upon which a violation of
subdivision (a) occurs shall not be subject to a criminal penalty
pursuant to this section, unless he or she sells, or possesses for
sale, articles bearing a counterfeit mark in violation of this
section. This subdivision shall not be construed to abrogate or limit
any civil rights or remedies for a trademark violation.
   (h) This section shall not be enforced against any party who
engages in fair uses of a mark, as specified in Section 14247 of the
Business and Professions Code.
   (i) When a person is convicted of an offense under this section,
the court shall order the person to pay restitution to the trademark
owner and any other victim of the offense pursuant to Section 1202.4.

351a.  Any person who sells, attempts to sell, offers for sale or
assists in the sale of any goods, product or output, and who
willfully and falsely represents such goods, product or output to be
the goods, product or output of any dealer, manufacturer or producer,
other than the true dealer, manufacturer or producer, or any member
of a firm or any officer of a corporation, who knowingly permits any
employee of such firm or corporation to sell, offer for sale or
assist in the sale of any goods, product or output or to falsely
represent such goods, product or output to be the goods, product or
output of any dealer, manufacturer or producer, other than the true
dealer, manufacturer or producer, is guilty of a misdemeanor and
punishable by a fine of not less than one hundred dollars ($100) or
more than six hundred dollars ($600), or by imprisonment in the
county jail for not less than 20 or more than 90 days, or both. This
section shall not apply to any person who sells or offers for sale
under his own name or brand the product or output of another
manufacturer or producer with the written consent of such
manufacturer or producer.

355.  Every person who defaces or obliterates the marks upon wrecked
property, or in any manner disguises the appearance thereof, with
intent to prevent the owner from discovering its identity, or who
destroys or suppresses any invoice, bill of lading, or other document
tending to show the ownership, is guilty of a misdemeanor.

356.  Every person who cuts out, alters, or defaces any mark made
upon any log, lumber, or wood, or puts a false mark thereon with
intent to prevent the owner from discovering its identity, is guilty
of a misdemeanor.

359.  Every person authorized to solemnize marriage, who willfully
and knowingly solemnizes any incestuous or other marriage forbidden
by law, is punishable by fine of not less than one hundred nor more
than one thousand dollars, or by imprisonment in the County Jail not
less than three months nor more than one year, or by both.

360.  Every person authorized to solemnize any marriage, who
solemnizes a marriage without first being presented with the marriage
license, as required by Section 421 of the Family Code; or who
solemnizes a marriage pursuant to Part 4 (commencing with Section
500) of Division 3 of the Family Code without the authorization
required by that part; or who willfully makes a false return of any
marriage or pretended marriage to the recorder or clerk and every
person who willfully makes a false record of any marriage return, is
guilty of a misdemeanor.

362.  Every officer or person to whom a writ of habeas corpus may be
directed, who, after service thereof, neglects or refuses to obey
the command thereof, is guilty of a misdemeanor.

363.  Every person who, either solely or as member of a Court,
knowingly and unlawfully recommits, imprisons, or restrains of his
liberty, for the same cause, any person who has been discharged upon
a writ of habeas corpus, is guilty of a misdemeanor.

364.  Every person having in his custody, or under his restraint or
power, any person for whose relief a writ of habeas corpus has been
issued, who, with the intent to elude the service of such writ or to
avoid the effect thereof, transfers such person to the custody of
another, or places him under the power or control of another, or
conceals or changes the place of his confinement or restraint, or
removes him without the jurisdiction of the Court or Judge issuing
the writ, is guilty of a misdemeanor.

365.  Every person, and every agent or officer of any corporation
carrying on business as an innkeeper, or as a common carrier of
passengers, who refuses, without just cause or excuse, to receive and
entertain any guest, or to receive and carry any passenger, is
guilty of a misdemeanor. However, an innkeeper who has proceeded as
authorized by Section 1865 of the Civil Code shall be rebuttably
presumed to have acted with just cause or excuse for purposes of this
section.

365.5.  (a) Any blind person, deaf person, or disabled person, who
is a passenger on any common carrier, airplane, motor vehicle,
railway train, motorbus, streetcar, boat, or any other public
conveyance or mode of transportation operating within this state,
shall be entitled to have with him or her a specially trained guide
dog, signal dog, or service dog.
   (b) No blind person, deaf person, or disabled person and his or
her specially trained guide dog, signal dog, or service dog shall be
denied admittance to accommodations, advantages, facilities, medical
facilities, including hospitals, clinics, and physicians' offices,
telephone facilities, adoption agencies, private schools, hotels,
lodging places, places of public accommodation, amusement, or resort,
and other places to which the general public is invited within this
state because of that guide dog, signal dog, or service dog.
   (c) Any person, firm, association, or corporation, or the agent of
any person, firm, association, or corporation, who prevents a
disabled person from exercising, or interferes with a disabled person
in the exercise of, the rights specified in this section is guilty
of a misdemeanor, punishable by a fine not exceeding two thousand
five hundred dollars ($2,500).
   (d) As used in this section, "guide dog" means any guide dog or
Seeing Eye dog that was trained by a person licensed under Chapter
9.5 (commencing with Section 7200) of Division 3 of the Business and
Professions Code or that meets the definitional criteria under
federal regulations adopted to implement Title III of the Americans
with Disabilities Act of 1990 (Public Law 101-336).
   (e) As used in this section, "signal dog" means any dog trained to
alert a deaf person, or a person whose hearing is impaired, to
intruders or sounds.
   (f) As used in this section, "service dog" means any dog
individually trained to do work or perform tasks for the benefit of
an individual with a disability, including, but not limited to,
minimal protection work, rescue work, pulling a wheelchair, or
fetching dropped items.
   (g) (1) Nothing in this section is intended to affect any civil
remedies available for a violation of this section.
   (2) This section is intended to provide equal accessibility for
all owners or trainers of animals that are trained as guide dogs,
signal dogs, or service dogs in a manner that is no less than that
provided by the Americans with Disabilities Act of 1990 (Public Law
101-336) and the Air Carrier Access Act of 1986 (Public Law 99-435).
   (h) The exercise of rights specified in subdivisions (a) and (b)
by any person may not be conditioned upon payment of any extra
charge, provided that the person shall be liable for any provable
damage done to the premises or facilities by his or her dog.
   (i) Any trainer or individual with a disability may take dogs in
any of the places specified in subdivisions (a) and (b) for the
purpose of training the dogs as guide dogs, signal dogs, or service
dogs. The person shall ensure that the dog is on a leash and tagged
as a guide dog, signal dog, or service dog by an identification tag
issued by the county clerk or animal control department as authorized
by Chapter 3.5 (commencing with Section 30850) of Division 14 of the
Food and Agricultural Code. In addition, the person shall be liable
for any provable damage done to the premises or facilities by his or
her dog.

365.6.  (a) Any person who, with no legal justification,
intentionally interferes with the use of a guide, signal, or service
dog or mobility aid by harassing or obstructing the guide, signal, or
service dog or mobility aid user or his or her guide, signal, or
service dog, is guilty of a misdemeanor, punishable by imprisonment
in a county jail not exceeding six months, or by a fine of not less
than one thousand five hundred dollars ($1,500) nor more than two
thousand five hundred dollars ($2,500), or both that fine and
imprisonment.
   (b) As used in this section, the following definitions shall
apply:
   (1) "Mobility aid" means any device enabling a person with a
disability, as defined in subdivision (b) of Section 54 of the Civil
Code, to travel independently, including, but not limited to, a
guide, signal, or service dog, as defined in Section 54.1 of the
Civil Code, a wheelchair, walker or white cane.
   (2) "Guide, signal, or service dog" means any dog trained to do
work or perform tasks for the benefit of an individual with a
disability, including, but not limited to, guiding individuals with
impaired vision, alerting individuals with impaired hearing to
intruders or sounds, pulling a wheelchair, or fetching dropped items.
   (c) Nothing in this section is intended to affect any civil
remedies available for a violation of this section.

365.7.  (a) Any person who knowingly and fraudulently represents
himself or herself, through verbal or written notice, to be the owner
or trainer of any canine licensed as, to be qualified as, or
identified as, a guide, signal, or service dog, as defined in
subdivisions (d), (e), and (f) of Section 365.5 and paragraph (6) of
subdivision (b) of Section 54.1 of the Civil Code, shall be guilty of
a misdemeanor punishable by imprisonment in the county jail not
exceeding six months, by a fine not exceeding one thousand dollars
($1,000), or by both that fine and imprisonment.
   (b) As used in this section, "owner" means any person who owns a
guide, signal, or service dog, or who is authorized by the owner to
use the guide, signal, or service dog.

367f.  (a) Except as provided in subdivisions (d) and (e), it shall
be unlawful for any person to knowingly acquire, receive, sell,
promote the transfer of, or otherwise transfer any human organ, for
purposes of transplantation, for valuable consideration.
   (b) Except as provided in subdivisions (d), (e), and (f), it shall
be unlawful to remove or transplant any human organ with the
knowledge that the organ has been acquired or will be transferred or
sold for valuable consideration in violation of subdivision (a).
   (c) For purposes of this section, the following definitions apply:
   (1) "Human organ" includes, but is not limited to, a human kidney,
liver, heart, lung, pancreas, or any other human organ or
nonrenewable or nonregenerative tissue except plasma and sperm.
   (2) "Valuable consideration" means financial gain or advantage,
but does not include the reasonable costs associated with the
removal, storage, transportation, and transplantation of a human
organ, or reimbursement for those services, or the expenses of
travel, housing, and lost wages incurred by the donor of a human
organ in connection with the donation of the organ.
   (d) No act respecting the nonsale donation of organs or other
nonsale conduct pursuant to or in the furtherance of the purposes of
the Uniform Anatomical Gift Act, Chapter 3.5 (commencing with Section
7150) Part 1 of Division 7 of the Health and Safety Code, including
acts pursuant to anatomical gifts offered under Section 12811 of the
Vehicle Code, shall be made unlawful by this section.
   (e) This section shall not apply to the person from whom the organ
is removed, nor to the person who receives the transplant, or those
persons' next-of-kin who assisted in obtaining the organ for purposes
of transplantations.
   (f) A licensed physician and surgeon who transplants a human organ
in violation of subdivision (b) shall not be criminally liable under
that subdivision if the act is performed under emergency and
life-threatening conditions.
   (g) Any person who violates subdivision (a) or (b) shall be
punished by a fine not to exceed fifty thousand dollars ($50,000), or
by imprisonment in the state prison for three, four, or five years,
or both.

367g.  (a) It shall be unlawful for anyone to knowingly use sperm,
ova, or embryos in assisted reproduction technology, for any purpose
other than that indicated by the sperm, ova, or embryo provider's
signature on a written consent form.
   (b) It shall be unlawful for anyone to knowingly implant sperm,
ova, or embryos, through the use of assisted reproduction technology,
into a recipient who is not the sperm, ova, or embryo provider,
without the signed written consent of the sperm, ova, or embryo
provider and recipient.
   (c) Any person who violates this section shall be punished by
imprisonment in the state prison for three, four, or five years, by a
fine not to exceed fifty thousand dollars ($50,000), or by both that
fine and imprisonment.
   (d) Written consent, for the purposes of this section, shall not
be required of men who donate sperm to a licensed tissue bank.

368.  (a) The Legislature finds and declares that crimes against
elders and dependent adults are deserving of special consideration
and protection, not unlike the special protections provided for minor
children, because elders and dependent adults may be confused, on
various medications, mentally or physically impaired, or incompetent,
and therefore less able to protect themselves, to understand or
report criminal conduct, or to testify in court proceedings on their
own behalf.
   (b) (1) Any person who knows or reasonably should know that a
person is an elder or dependent adult and who, under circumstances or
conditions likely to produce great bodily harm or death, willfully
causes or permits any elder or dependent adult to suffer, or inflicts
thereon unjustifiable physical pain or mental suffering, or having
the care or custody of any elder or dependent adult, willfully causes
or permits the person or health of the elder or dependent adult to
be injured, or willfully causes or permits the elder or dependent
adult to be placed in a situation in which his or her person or
health is endangered, is punishable by imprisonment in a county jail
not exceeding one year, or by a fine not to exceed six thousand
dollars ($6,000), or by both that fine and imprisonment, or by
imprisonment in the state prison for two, three, or four years.
   (2) If in the commission of an offense described in paragraph (1),
the victim suffers great bodily injury, as defined in Section
12022.7, the defendant shall receive an additional term in the state
prison as follows:
   (A) Three years if the victim is under 70 years of age.
   (B) Five years if the victim is 70 years of age or older.
   (3) If in the commission of an offense described in paragraph (1),
the defendant proximately causes the death of the victim, the
defendant shall receive an additional term in the state prison as
follows:
   (A) Five years if the victim is under 70 years of age.
   (B) Seven years if the victim is 70 years of age or older.
   (c) Any person who knows or reasonably should know that a person
is an elder or dependent adult and who, under circumstances or
conditions other than those likely to produce great bodily harm or
death, willfully causes or permits any elder or dependent adult to
suffer, or inflicts thereon unjustifiable physical pain or mental
suffering, or having the care or custody of any elder or dependent
adult, willfully causes or permits the person or health of the elder
or dependent adult to be injured or willfully causes or permits the
elder or dependent adult to be placed in a situation in which his or
her person or health may be endangered, is guilty of a misdemeanor. A
second or subsequent violation of this subdivision is punishable by
a fine not to exceed two thousand dollars ($2,000), or by
imprisonment in a county jail not to exceed one year, or by both that
fine and imprisonment.
   (d) Any person who is not a caretaker who violates any provision
of law proscribing theft, embezzlement, forgery, or fraud, or who
violates Section 530.5 proscribing identity theft, with respect to
the property or personal identifying information of an elder or a
dependent adult, and who knows or reasonably should know that the
victim is an elder or a dependent adult, is punishable by
imprisonment in a county jail not exceeding one year, or in the state
prison for two, three, or four years, when the moneys, labor, goods,
services, or real or personal property taken or obtained is of a
value exceeding nine hundred fifty dollars ($950); and by a fine not
exceeding one thousand dollars ($1,000), by imprisonment in a county
jail not exceeding one year, or by both that fine and imprisonment,
when the moneys, labor, goods, services, or real or personal property
taken or obtained is of a value not exceeding nine hundred fifty
dollars ($950).
   (e) Any caretaker of an elder or a dependent adult who violates
any provision of law proscribing theft, embezzlement, forgery, or
fraud, or who violates Section 530.5 proscribing identity theft, with
respect to the property or personal identifying information of that
elder or dependent adult, is punishable by imprisonment in a county
jail not exceeding one year, or in the state prison for two, three,
or four years when the moneys, labor, goods, services, or real or
personal property taken or obtained is of a value exceeding nine
hundred fifty dollars ($950), and by a fine not exceeding one
thousand dollars ($1,000), by imprisonment in a county jail not
exceeding one year, or by both that fine and imprisonment, when the
moneys, labor, goods, services, or real or personal property taken or
obtained is of a value not exceeding nine hundred fifty dollars
($950).
   (f) Any person who commits the false imprisonment of an elder or a
dependent adult by the use of violence, menace, fraud, or deceit is
punishable by imprisonment in the state prison for two, three, or
four years.
   (g) As used in this section, "elder" means any person who is 65
years of age or older.
   (h) As used in this section, "dependent adult" means any person
who is between the ages of 18 and 64, who has physical or mental
limitations which restrict his or her ability to carry out normal
activities or to protect his or her rights, including, but not
limited to, persons who have physical or developmental disabilities
or whose physical or mental abilities have diminished because of age.
"Dependent adult" includes any person between the ages of 18 and 64
who is admitted as an inpatient to a 24-hour health facility, as
defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety
Code.
   (i) As used in this section, "caretaker" means any person who has
the care, custody, or control of, or who stands in a position of
trust with, an elder or a dependent adult.
   (j) Nothing in this section shall preclude prosecution under both
this section and Section 187 or 12022.7 or any other provision of
law. However, a person shall not receive an additional term of
imprisonment under both paragraphs (2) and (3) of subdivision (b) for
any single offense, nor shall a person receive an additional term of
imprisonment under both Section 12022.7 and paragraph (2) or (3) of
subdivision (b) for any single offense.
   (k) In any case in which a person is convicted of violating these
provisions, the court may require him or her to receive appropriate
counseling as a condition of probation. Any defendant 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.

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