2009 California Penal Code - Section 587-593g :: Chapter 15. Malicious Injuries To Railroad Bridges, Highways, Bridges, And Telegraphs

PENAL CODE
SECTION 587-593g

587.  Every person who maliciously, either:
   1. Removes, displaces, injures, or destroys any part of any
railroad, whether for steam or horse cars, or any track of any
railroad, or any branch or branchway, switch, turnout, bridge,
viaduct, culvert, embankment, station house, or other structure or
fixture, or any part thereof, attached to or connected with any
railroad; or,
   2. Places any obstruction upon the rails or track of any railroad,
or of any switch, branch, branchway, or turnout connected with any
railroad;
   Is punishable by imprisonment in the state prison, or in the
county jail not exceeding one year.

587.1.  (a) Every person who maliciously moves or causes to be
moved, without authorization, any locomotive, is guilty of a
misdemeanor punishable by imprisonment in the county jail not
exceeding one year.
   (b) Every person who maliciously moves or causes to be moved,
without authorization, any locomotive, when the moving creates a
substantial likelihood of causing personal injury or death to
another, is guilty of a public offense punishable by imprisonment in
the state prison, or in the county jail not exceeding one year.

587a.  Every person, who, without being thereunto duly authorized by
the owner, lessee, or person or corporation engaged in the operation
of any railroad, shall manipulate or in anywise tamper or interfere
with any air brake or other device, appliance or apparatus in or upon
any car or locomotive upon such railroad, and used or provided for
use in the operation of such car or locomotive, or of any train upon
such railroad, or with any switch, signal or other appliance or
apparatus used or provided for use in the operation of such railroad,
shall be deemed guilty of a misdemeanor.

587b.  Every person, who shall, without being thereunto authorized
by the owner, lessee, person or corporation operating any railroad,
enter into, climb upon, hold to, or in any manner attach himself to
any locomotive, locomotive-engine tender, freight or passenger car
upon such railroad, or any portion of any train thereon, shall be
deemed guilty of a misdemeanor, and, upon conviction thereof shall be
punished by a fine not exceeding fifty dollars ($50), or by
imprisonment not exceeding 30 days, or by both such fine and
imprisonment.

587c.  Every person who fraudulently evades, or attempts to evade
the payment of his fare, while traveling upon any railroad, shall be
deemed guilty of a misdemeanor, and upon conviction thereof, shall be
punished by a fine of not more than five hundred dollars, or
imprisonment not exceeding six months, or by both such fine and
imprisonment.

588.  Every person who negligently, willfully or maliciously digs
up, removes, displaces, breaks down or otherwise injures or destroys
any state or other public highway or bridge, or any private way, laid
out by authority of law, or bridge upon any such highway or private
way, or who negligently, willfully or maliciously sprinkles, drains,
diverts or in any manner permits water from any sprinkler, ditch,
canal, flume, or reservoir to flow upon or saturate by seepage any
public highway, which act tends to damage such highway or tends to be
a hazard to traffic thereon, shall be guilty of a misdemeanor. This
section shall not apply to the natural flow of surface or flood
waters that are not diverted, accelerated or concentrated by such
person.

588a.  Any person who throws or deposits any oil, glass bottle,
glass, nails, tacks, hoops, wire, cans, or any other substance likely
to injure any person, animal or vehicle upon any public highway in
the State of California shall be guilty of a misdemeanor; provided,
however, that any person who willfully deposits any such substance
upon any public highway in the State of California with the intent to
cause great bodily injury to other persons using the highway shall
be guilty of a felony.

588b.  Any person who wilfully breaks down, removes, injures, or
destroys any barrier or obstruction erected or placed in or upon any
road or highway by the authorities in charge thereof, or by any
authorized contractor engaged in the construction or maintenance
thereof, or who tears down, defaces, removes, or destroys any
warnings, notices, or directional signs erected, placed or posted in,
upon, or adjacent to any road or highway, or who extinguishes,
removes, injures, or destroys any warning light or lantern, or
reflectorized warning or directional sign, erected, placed or
maintained by any such authority in, upon or adjacent to any such
road or highway, shall be guilty of a misdemeanor.

590.  Every person who maliciously removes, destroys, injures,
breaks or defaces any mile post, board or stone, or guide post
erected on or near any highway, or any inscription thereon, is guilty
of a misdemeanor.

590a.  One-half of all fines imposed and collected under Section 590
shall be paid to the informer who first causes a complaint to be
filed charging the defendant with the violation of Section 590.

591.  A person who unlawfully and maliciously takes down, removes,
injures, or obstructs any line of telegraph, telephone, or cable
television, or any other line used to conduct electricity, or any
part thereof, or appurtenances or apparatus connected therewith, or
severs any wire thereof, or makes any unauthorized connection with
any line, other than a telegraph, telephone, or cable television
line, used to conduct electricity, or any part thereof, or
appurtenances or apparatus connected therewith, is punishable by
imprisonment in the state prison, or by a fine not exceeding five
hundred dollars ($500), or imprisonment in the county jail not
exceeding one year.

591.5.  A person who unlawfully and maliciously removes, injures,
destroys, damages, or obstructs the use of any wireless communication
device with the intent to prevent the use of the device to summon
assistance or notify law enforcement or any public safety agency of a
crime is guilty of a misdemeanor.

592.  (a) Every person who shall, without authority of the owner or
managing agent, and with intent to defraud, take water from any
canal, ditch, flume, or reservoir used for the purpose of holding or
conveying water for manufacturing, agricultural, mining, irrigating,
generation of power, or domestic uses is guilty of a misdemeanor.
   (b) If the total retail value of all the water taken is more than
nine hundred fifty dollars ($950), or if the defendant has previously
been convicted of an offense under this section or any former
section that would be an offense under this section, or of an offense
under the laws of another state or of the United States that would
have been an offense under this section if committed in this state,
then the violation is punishable by imprisonment in a county jail for
not more than one year, or in the state prison.

593.  Every person who unlawfully and maliciously takes down,
removes, injures, interferes with, or obstructs any line erected or
maintained by proper authority for the purpose of transmitting
electricity for light, heat, or power, or any part thereof, or any
insulator or crossarm, appurtenance or apparatus connected therewith,
or severs or in any way interferes with any wire, cable, or current
thereof, is punishable by imprisonment in the state prison, or by
fine not exceeding one thousand dollars ($1,000), or imprisonment in
the county jail not exceeding one year.

593a.  (a) Every person who maliciously drives or places, in any
tree, saw-log, shingle-bolt, or other wood, any iron, steel, ceramic,
or other substance sufficiently hard to injure saws, knowing that
the tree is intended to be harvested or that the saw-log,
shingle-bolt, or other wood is intended to be manufactured into any
kind of lumber or other wood product, is guilty of a felony.
   (b) Any person who violates subdivision (a) and causes bodily
injury to another person other than an accomplice shall, in addition
and consecutive to the punishment prescribed for that felony, be
punished by an additional prison term of three years.

593b.  Every person who shall, without the written permission of the
owner, lessee, or person or corporation operating any electrical
transmission line, distributing line or system, climb upon any pole,
tower or other structure which is a part of such line or system and
is supporting or is designed to support a wire or wires, cable or
cables, for the transmission or distribution of electric energy,
shall be deemed guilty of a misdemeanor; provided, that nothing
herein shall apply to employees of either privately or publicly owned
public utilities engaged in the performance of their duties.

593c.  Every person who willfully and maliciously breaks, digs up,
obstructs, interferes with, removes or injures any pipe or main or
hazardous liquid pipeline erected, operated, or maintained for the
purpose of transporting, conveying or distributing gas or other
hazardous liquids for light, heat, power or any other purpose, or any
part thereof, or any valve, meter, holder, compressor, machinery,
appurtenance, equipment or apparatus connected with any such main or
pipeline, or used in connection with or affecting the operation
thereof or the conveying of gas or hazardous liquid therethrough, or
shuts off, removes, obstructs, injures, or in any way interferes with
any valve or fitting installed on, connected to, or operated in
connection with any such main or pipeline, or controlling or
affecting the flow of gas or hazardous liquid through any such main
or pipeline, is guilty of a felony.

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

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

593f.  Every person who for profit knowingly and willfully
manufactures, distributes, or sells any device or plan or kit for a
device, or printed circuit containing circuitry for decoding or
addressing with the purpose or intention of facilitating decoding or
addressing of any over-the-air transmission by a Multi-point
Distribution Service or Instructional Television Fixed Service made
pursuant to authority granted by the Federal Communications
Commission which is not authorized by the Multi-point Distribution
Service or the Instructional Television Fixed Service is guilty of a
misdemeanor punishable by a fine not exceeding two thousand five
hundred dollars ($2,500) or by imprisonment in the county jail not
exceeding 90 days, or both.

593g.  Every person who, with the intent to use it in a violation of
Section 593a, possesses any iron, steel, ceramic, or other substance
sufficiently hard to injure saws or wood manufacturing or processing
equipment, shall be punished by imprisonment in the county jail not
to exceed one year.
   This section shall only become operative if Senate Bill 1176 of
the 1987-88 Regular Session of the Legislature is enacted and becomes
effective on or before January 1, 1988.

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