2009 California Penal Code - Section 639-653.2 :: Chapter 2. Of Other And Miscellaneous Offenses

PENAL CODE
SECTION 639-653.2

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.

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.

640.  (a) Any of the acts described in 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 his or her hours of school attendance or
employment, when committed on or in 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 any entity subsidized
by, the Department of Transportation.
   (3) A leased or rented facility or vehicle for which any of the
entities described in paragraph (1) or (2) incur costs of cleanup,
repair, or replacement as a result of any of those acts.
   (b) (1) Evasion of the payment of a fare of the system.
   (2) Misuse of a transfer, pass, ticket, or token with the intent
to evade the payment of a fare.
   (3) Playing sound equipment on or in a system facility or vehicle.
   (4) Smoking, eating, or drinking in or on a system facility or
vehicle in those areas where those activities are prohibited by that
system.
   (5) Expectorating upon a system facility or vehicle.
   (6) Willfully disturbing others on or in a system facility or
vehicle by engaging in boisterous or unruly behavior.
   (7) Carrying an explosive or acid, flammable liquid, or toxic or
hazardous material in a public transit facility or vehicle.
   (8) 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.
   (9) (A) Willfully blocking the free movement of another person in
a system facility or vehicle.
   (B) This paragraph (9) 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.
   (10) Skateboarding, roller skating, bicycle riding, or roller
blading 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.
   (11) (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) In the event that an eligible discount ticket user is not in
possession of acceptable proof at the time of request, any 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.
   (c) Notwithstanding subdivision (a), the City and County of San
Francisco and the Los Angeles County Metropolitan Transportation
Authority may enact and enforce an ordinance providing that any of
the acts described in subdivision (b) on or in a facility or vehicle
described in subdivision (a) for which the City and County of San
Francisco or the Los Angeles County Metropolitan Transportation
Authority has jurisdiction shall be subject only to an administrative
penalty imposed and 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 and shall not apply to
minors.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 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.

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.

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.

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.

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 his or her safety, or the safety of his or her
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, "harasses" 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 that 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, made with the intent to place
the person that is the target of the threat in reasonable fear for
his or her safety or the safety of his or her 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 his or
her safety or the safety of his or her 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, and the safety of the victim and
his or her immediate family.
   (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.

646.91.  (a) Notwithstanding any other law, a judicial officer may
issue an ex parte emergency protective order where a peace officer,
as defined in Section 830.1, 830.2, or 830.32, 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.
   (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 who requests an emergency protective order
under this section shall carry copies of the order while on duty.
   (l) 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.
   (m) "Judicial officer," as used in this section, means a judge,
commissioner, or referee.
   (n) 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.
   (o) 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.
   (p) The Judicial Council shall develop forms, instructions, and
rules for the scheduling of hearings and other procedures established
pursuant to this section.
   (q) 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.

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.

646.92.  (a) The Department of Corrections, 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 and certified mail at his or her last known
address, upon request. A victim, family member, or witness shall
keep the Department of Corrections or county sheriff informed of his
or her current mailing address and telephone number to be entitled to
receive notice. A victim may designate another person for the
purpose of receiving notification. The Department of Corrections,
county sheriff, or director of the local department of corrections,
shall make reasonable attempts to locate a person who has requested
notification but whose address and telephone number are incorrect or
not current. However, the duty to keep the Department of Corrections
or county sheriff informed of a current mailing address and telephone
number shall remain with the victim.
    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 of Corrections 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).

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.

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.

647.  Every person who commits any of the following acts is guilty
of disorderly conduct, a misdemeanor:
   (a) Who solicits anyone to engage in or who engages in lewd or
dissolute conduct in any public place or in any place open to the
public or exposed to public view.
   (b) Who solicits or who agrees to engage in or who engages in any
act of prostitution. A person agrees to engage in an act of
prostitution when, with specific intent to so engage, he or she
manifests an acceptance of an offer or solicitation to so engage,
regardless of whether the offer or solicitation was made by a person
who also possessed the specific intent to engage in prostitution. No
agreement to engage in an act of prostitution shall constitute a
violation of this subdivision unless some act, in addition to the
agreement, is done within this state in furtherance of the commission
of an act of prostitution by the person agreeing to engage in that
act. As used in this subdivision, "prostitution" includes any lewd
act between persons for money or other consideration.
   (c) Who accosts other persons in any public place or in any place
open to the public for the purpose of begging or soliciting alms.
   (d) Who loiters in or about any toilet open to the public for the
purpose of engaging in or soliciting any lewd or lascivious or any
unlawful act.
   (e) Who lodges in any 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 any public place under the influence of
intoxicating liquor, any drug, controlled substance, toluene, or any
combination of any intoxicating liquor, drug, controlled substance,
or toluene, in a condition that he or she is unable to exercise care
for his or her own safety or the safety of others, or by reason of
his or her being under the influence of intoxicating liquor, any
drug, controlled substance, toluene, or any combination of any
intoxicating liquor, drug, or toluene, interferes with or obstructs
or prevents the free use of any street, sidewalk, or other public
way.
   (g) When a person has violated subdivision (f), a peace officer,
if he or she is reasonably able to do so, shall place the person, or
cause him or her 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 which
would be lawful were he or she effecting an arrest for a misdemeanor
without a warrant. No person who has been placed in civil protective
custody shall thereafter be subject to any criminal prosecution or
juvenile court proceeding based on the facts giving rise to this
placement. This subdivision shall not apply to the following persons:
   (1) Any person who is under the influence of any drug, or under
the combined influence of intoxicating liquor and any drug.
   (2) Any person who a peace officer has probable cause to believe
has committed any felony, or who has committed any misdemeanor in
addition to subdivision (f).
   (3) Any 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 any
inhabited building or structure, without visible or lawful business
with the owner or occupant.
   (j) (1) Any 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, or camcorder, 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 shall not apply to those
areas of a private business used to count currency or other
negotiable instruments.
   (2) Any 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.
   (3) (A) Any 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.
   (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.
   (k) In any accusatory pleading charging a violation of subdivision
(b), if the defendant has been once previously convicted of a
violation of that subdivision, the previous conviction shall be
charged in the accusatory pleading. If the previous conviction is
found to be true by the jury, upon a jury trial, or by the court,
upon a court trial, or is admitted by the defendant, the defendant
shall be imprisoned in a county jail for a period of not less than 45
days and shall not be eligible for release upon completion of
sentence, on probation, on parole, on work furlough or work release,
or on any other basis until he or she has served a period of not less
than 45 days in a county jail. In all cases in which probation is
granted, the court shall require as a condition thereof that the
person be confined in a county jail for at least 45 days. In no event
does the court have the power to absolve a person who violates this
subdivision from the obligation of spending at least 45 days in
confinement in a county jail.
   In any accusatory pleading charging a violation of subdivision
(b), if the defendant has been previously convicted two or more times
of a violation of that subdivision, each of these previous
convictions shall be charged in the accusatory pleading. If two or
more of these 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 a
county jail for a period of not less than 90 days and shall not be
eligible for release upon completion of sentence, on probation, on
parole, on work furlough or work release, or on any other basis until
he or she has served a period of not less than 90 days in a county
jail. In all cases in which probation is granted, the court shall
require as a condition thereof that the person be confined in a
county jail for at least 90 days. In no event does the court have the
power to absolve a person who violates this subdivision from the
obligation of spending at least 90 days in confinement in a county
jail.
   In addition to any punishment prescribed by this section, a court
may suspend, for not more than 30 days, the privilege of the person
to operate a motor vehicle pursuant to Section 13201.5 of the Vehicle
Code for any violation of subdivision (b) that was committed within
1,000 feet of a private residence and with the use of a vehicle. In
lieu of the suspension, the court may order a person's privilege to
operate a motor vehicle restricted, for not more than six months, to
necessary travel to and from the person's place of employment or
education. If driving a motor vehicle is necessary to perform the
duties of the person's employment, the court may also allow the
person to drive in that person's scope of employment.

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.

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.

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, 288a, 288.5, or
289, 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.

647.7.  (a) In any case in which a person is convicted of violating
subdivision (i) or (k) 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 (k) of Section 647, commits a second or subsequent
violation of subdivision (i) or (k) 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 (k) of Section 647, commits a violation
of paragraph (3) of subdivision (k) 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.

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.

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.

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.

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).

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.

647f.  In any accusatory pleading charging a violation of
subdivision (b) of Section 647, if the defendant has been previously
convicted one or more times of a violation of that subdivision or of
any other offense listed in subdivision (d) of Section 1202.1, and in
connection with one or more of those convictions a blood test was
administered pursuant to Section 1202.1 or 1202.6 with positive test
results, of which the defendant was informed, the previous conviction
and positive blood test results, of which the defendant was
informed, shall be charged in the accusatory pleading. If the
previous conviction and informed test results are found to be true by
the trier of fact or are admitted by the defendant, the defendant is
guilty of a felony.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 in the state prison, 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) 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
in the state prison.
   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 in the state prison.
   (f) 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) or (e) shall be proven by the testimony
of one witness and corroborating circumstances.

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 in the state prison for two,
three, or five years, or by a fine not to exceed two hundred fifty
thousand dollars ($250,000), or by both, 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 twenty-five thousand dollars ($25,000), or by
both. A second or subsequent conviction under subdivision (a) not
described in subdivision (b) shall be punished by imprisonment in the
state prison or by a fine not to exceed one hundred thousand dollars
($100,000), or by both.
   (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 ten thousand
dollars ($10,000), or by both. 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 in the
state prison, or by a fine not to exceed twenty-five thousand dollars
($25,000), 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 five thousand dollars ($5,000), or by both. 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 ten thousand dollars ($10,000), or by
both. 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 in the state prison, or by a fine not to
exceed twenty-five thousand dollars ($25,000), or by both.
   (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 such articles that were initially
mastered prior to February 15, 1972.

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).

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 in the state prison 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.

653k.  Every person who possesses in the passenger's or driver's
area of any motor vehicle in any public place or place open to the
public, carries upon his or her person, and every person who sells,
offers for sale, exposes for sale, loans, transfers, or gives to any
other person a switchblade knife having a blade two or more inches in
length is guilty of a misdemeanor.
   For the purposes of this section, "switchblade knife" means a
knife having the appearance of a pocketknife and includes a
spring-blade knife, snap-blade knife, gravity knife or any other
similar type knife, the blade or blades of which are two or more
inches in length and which can be released automatically by a flick
of a button, pressure on the handle, flip of the wrist or other
mechanical device, or is released by the weight of the blade or by
any type of mechanism whatsoever. "Switchblade knife" does not
include a knife that opens with one hand utilizing thumb pressure
applied solely to the blade of the knife or a thumb stud attached to
the blade, provided that the knife has a detent or other mechanism
that provides resistance that must be overcome in opening the blade,
or that biases the blade back toward its closed position.
   For purposes of this section, "passenger's or driver's area" means
that part of a motor vehicle which is designed to carry the driver
and passengers, including any interior compartment or space therein.

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.

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.

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 any part or product thereof, of any 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, 2015, it shall be 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 crocodile or alligator.
   (2) This subdivision shall not be construed to authorize the
importation or sale of any alligator or crocodilian species, or any
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 any products thereof, in
violation of any federal law or any international treaty to which the
United States is a party.
   (c) (1) This section shall not apply to kangaroos that may be
harvested lawfully under Australian national and state law, the
federal Endangered Species Act of 1971 (16 U.S.C. Sec. 1531 et seq.),
and applicable international conventions, provided that the
Department of Fish and Game is annually informed by the Australian
government that the commercial harvest of kangaroos in any future
year will not exceed the official quota established for 2007 or the
lawful take of kangaroos in each subsequent year, whichever is the
lesser.
   (2) If the department fails to receive the report described in
paragraph (1), the department shall inform the Australian national
government that future importation of kangaroos that otherwise may be
harvested lawfully under Australian national and state law, the
federal Endangered Species Act of 1971 (16 U.S.C. Sec. 1531 et seq.),
and applicable international conventions shall be halted and their
importation into this state for commercial purposes, possession with
intent to sell, or sale within the state will be subject to the
provisions of this section.
   (d) 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 not to exceed six
months, or both 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.
   (f) This section shall remain in effect only until January 1,
2011, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2011, deletes or extends
that date.

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 any part or product thereof, of any 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, 2015, it shall be 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 crocodile or alligator.
   (2) This subdivision shall not be construed to authorize the
importation or sale of any alligator or crocodilian species, or any
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 any products thereof, in
violation of any federal law or any international treaty to which the
United States is a party.
   (c) 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 not to exceed six
months, or both the fine and imprisonment, for each violation.
   (d) 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.
   (e) This section shall become operative on January 1, 2011.

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.

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.

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.

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 in the state prison for
two, three, or five years, or by a fine not to exceed two hundred
fifty thousand dollars ($250,000), 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 twenty-five thousand dollars ($25,000), or both. 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 in the state prison, or by a fine not
to exceed one hundred thousand dollars ($100,000), or by both.
   (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 ten thousand
dollars ($10,000), or by both. 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 in the
state prison, or by a fine not to exceed twenty-five thousand dollars
($25,000), 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 five thousand dollars ($5,000), or by both. 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 ten thousand dollars ($10,000), or by
both. 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 in the state prison, or by a fine not to
exceed twenty-five thousand dollars ($25,000), or by both.

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.
   (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.

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) 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.
   (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 in the state prison for
two, three, or five years, or by a fine not to exceed two hundred
fifty thousand dollars ($250,000), or by both, 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 twenty-five thousand dollars ($25,000), or by
both. 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 in the state prison or by a
fine not to exceed one hundred thousand dollars ($100,000), or by
both.

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.

653w.  (a) 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, or rents, or manufactures, or possesses for these purposes,
any recording or audiovisual work, the 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.
   As used in this section, "recording" means any tangible medium
upon which information or sounds are recorded or otherwise stored,
including any phonograph record, disc, tape, audio cassette, wire,
film, 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.
   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 or tapes on which the works are embodied.
   (b) Any 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), the person shall be
punished by imprisonment in a county jail not to exceed one year, or
by imprisonment in the state prison for two, three, or five years, or
by a fine not to exceed two hundred fifty thousand dollars
($250,000), or by both.
   (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 twenty-five thousand dollars ($25,000), or by both.
   (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 in the state prison, or by a
fine not to exceed one hundred thousand dollars ($100,000), or by
both.

653x.  (a) Any person who telephones the 911 emergency line 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 made in good faith.
   (b) An intent to annoy or harass is established by proof of
repeated calls 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.

653y.  (a) Any person who knowingly allows the use or who uses the
911 telephone 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
call 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 telephone system for, the
nonemergency 911 call. The law enforcement agency may provide
educational materials regarding the appropriate use of the 911
telephone system.
   (2) For a second or subsequent violation, a citation may be issued
by the public safety entity originally receiving the call 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).
   (b) The parent or legal guardian having custody and control of an
unemancipated minor who violates this section shall be jointly and
severally liable with the minor for the fine imposed pursuant to this
section.
   (c) 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.
   (d) Notwithstanding subdivision (a), this section shall 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
or 311 telephone system.

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 two
thousand five hundred dollars ($2,500), 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.

653aa.  (a) Any person, except a minor, who is located in
California, who, knowing that a particular recording or audiovisual
work is commercial, knowingly electronically disseminates all or
substantially all of that commercial recording or audiovisual work to
more than 10 other people without disclosing his or her e-mail
address, and the title of the recording or audiovisual work is
punishable by a fine not exceeding two thousand five hundred dollars
($2,500), imprisonment in a county jail for a period not exceeding
one year, or by both that fine and imprisonment.
   (b) Any minor who violates subdivision (a) is punishable by a fine
not exceeding two hundred fifty dollars ($250). Any minor who
commits a third or subsequent violation of subdivision (a) is
punishable by a fine not exceeding one thousand dollars ($1,000),
imprisonment in a county jail for a period not to exceed one year, or
by both that imprisonment and fine.
   (c) Subdivisions (a) and (b) do not apply:
   (1) To a person who electronically disseminates a commercial
recording or audiovisual work to his or her immediate family, or
within his or her personal network, defined as a restricted access
network controlled by and accessible to only that person or people in
his or her immediate household.
   (2) If the copyright owner, or a person acting under the authority
of the copyright owner, of a commercial recording or audiovisual
work has explicitly given permission for all or substantially all of
that recording or audiovisual work to be freely disseminated
electronically by or to anyone without limitation.
   (3) To a person who has been licensed either by the copyright
owner or a person acting under the authority of the copyright owner
to disseminate electronically all or substantially all of a
commercial audiovisual work or recording.
   (4) To the licensed electronic dissemination of a commercial
audiovisual work or recording by means of a cable television service
offered over a cable system or direct to home satellite service as
defined in Title 47 of the United States Code.
   (d) Nothing in this section shall restrict the copyright owner
from disseminating his or her own copyrighted material.
   (e) Upon conviction for a violation of this section, in addition
to the penalty prescribed, the court shall order the permanent
deletion or destruction of any electronic file containing a
commercial recording or audiovisual work, the dissemination of which
was the basis of the violation. This subdivision shall not apply to
the copyright owner or to a person acting under the authority of the
copyright owner.
   (f) An Internet service provider does not violate, and does not
aid and abet a violation of subdivision (a), and subdivision (a)
shall not be enforced against an Internet service provider, to the
extent that the Internet service provider enables a user of its
service to electronically disseminate an audiovisual work or sound
recording, if the Internet service provider maintains its valid
e-mail address or other means of electronic notification on its Web
site in a location that is accessible to the public.
   For the purposes of this section, "Internet service provider"
means an entity, to the extent that the entity is transmitting,
routing, or providing connections for Internet communications
initiated by or at the direction of another person, between or among
points specified by a user, of material placed online by a user,
storing or hosting that material at the direction of a user, or
referring or linking users to that material.
   (g) For purposes of this section:
   (1) "Recording" means the electronic or physical embodiment of any
recorded images, sounds, or images and sounds, but does not include
audiovisual works or sounds accompanying audiovisual works.
   (2) "Audiovisual work" means the electronic or physical embodiment
of motion pictures, television programs, video or computer games, or
other audiovisual presentations that consist of related images that
are intrinsically intended to be shown by the use of machines or
devices such as projectors, viewers, or electronic equipment, or a
computer program, software, or system, as defined in Section 502,
together with accompanying sounds, if any.
   (3) "Commercial recording or audiovisual work" means a recording
or audiovisual work whose copyright owner, or assignee, authorized
agent, or licensee, has made or intends to make available for sale,
rental, or for performance or exhibition to the public under license,
but does not include an excerpt consisting of less than
substantially all of a recording or audiovisual work. A recording or
audiovisual work may be commercial regardless of whether the person
who electronically disseminates it seeks commercial advantage or
private financial gain from that dissemination.
   (4) "Electronic dissemination" means initiating a transmission of,
making available, or otherwise offering, a commercial recording or
audiovisual work for distribution on the Internet or other digital
network, regardless of whether someone else had previously
electronically disseminated the same commercial recording or
audiovisual work.
   (5) "E-mail address" means a valid e-mail address, or the valid
e-mail address of the holder of the account from which the
dissemination took place.
   (6) "Disclosing" means providing information in, attached to, or
discernable or available in or through the process of disseminating
or obtaining a commercial recording or audiovisual work in a manner
that is accessible by any person engaged in disseminating or
receiving the commercial recording or audiovisual work.
   (h) Nothing in this section shall preclude prosecution under any
other provision of law.
   (i) This section shall become inoperative on January 1, 2010,
unless a later enacted statute deletes or extends that date.

653.1.  (a) No person shall sell or distribute any balloon that is
constructed of electrically conductive material, and filled with a
gas lighter than air without:
   (1) Affixing an object of sufficient weight to the balloon or its
appurtenance to counter the lift capability of the balloon.
   (2) Affixing a statement on the balloon, or ensuring that a
statement is so affixed, that warns the consumer about the risk if
the balloon comes in contact with electrical power lines.
   (3) A printed identification of the manufacturer of the balloon.
   (b) No person shall sell or distribute any balloon filled with a
gas lighter than air that is attached to an electrically conductive
string, tether, streamer, or other electrically conductive
appurtenance.
   (c) No person shall sell or distribute any balloon that is
constructed of electrically conductive material and filled with a gas
lighter than air and that is attached to another balloon constructed
of electrically conductive material and filled with a gas lighter
than air.
   (d) 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.
   (e) Any person who violates subdivision (a), (b), (c), or (d)
shall be guilty of an infraction punishable by a fine not exceeding
one hundred dollars ($100). Any person who violates subdivision (a),
(b), (c), or (d) who has been previously convicted twice of violating
subdivision (a), (b), (c), or (d) shall be guilty of a misdemeanor.
   (f) This section shall not apply to manned hot air balloons, or to
balloons used in governmental or scientific research projects.

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.


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