2 California Criminal Law (3d), Crimes Against Public Peace and Welfare

2 California Criminal Law (3d), Crimes Against Public Peace and Welfare

I. BREACH OF THE PEACE AND RELATED OFFENSES

A. Disturbing the Peace.

1. [§1] In General.

2. Former Statute.

(a) [§2] In General.

(b) [§3] Constitutional Limits on Application.

3. [§4] Current Statute.

B. Brandishing Weapon.

1. [§5] In General.

2. [§6] Offenses Involving Peace Officers.

3. [§7] Intentional Infliction of Serious Bodily Injury.

C. Fighting Contests.

1. [§8] Illegal Prize Fighting.

2. [§9] Legal Boxing and Martial Arts.

D. Unlawful Assembly, Rout, and Riot.

1. [§10] In General.

2. [§11] Unlawful Assembly.

3. [§12] Violation of Curfew.

4. [§13] Riot and Lynching.

5. [§14] Incitement to Riot.

6. [§15] Dispersal of Unlawful Assembly or Riot.

E. [§16] Disturbing an Assembly.

F. Terrorizing.

1. [§17] In General.

2. [§18] Placing Sign or Desecrating Religious Symbol on Private Property.

3. [§19] Interference With Religious Worship.

4. [§20] Arson or Explosives.

5. [§21] Harassment of Child.

G. [§22] Terrorist Threats.

H. Street Terrorism and Criminal Street Gangs.

1. [§23] In General.

2. [§24] What Constitutes Criminal Street Gang.

3. [§25] Participation in Gang.

4. [§26] Solicitation or Coercion of Another To Participate in Gang.

5. [§27] Supplying Firearms to Gang.

6. [§28] Place Used by Gang as Nuisance.

I. [§29] Terrorism by Weapons of Mass Destruction.

J. [§30] Paramilitary Activities.

K. [§31] Forcible Entry and Detainer.

L. Obstruction of Free Movement or Access.

1. [§32] Public Place.

2. [§33] Health Care Facility or Place of Worship.

M. Interference With Educational Institution.

1. [§34] In General.

2. [§35] Disturbing the Peace.

3. [§36] Obstructing Attendance of Student or Teacher at College or University.

4. [§37] Entry on Campus by Suspended or Dismissed Student or Employee.

5. Entering or Remaining on Campus After Withdrawal of Consent.

(a) [§38] Statutory Provisions.

(b) [§39] Purpose and Limits of Statute.

6. Reentering or Remaining on Campus After Direction To Leave.

(a) [§40] Persons Not Affiliated With Institution.

(b) [§41] Disruptive Persons and Sex Offenders.

7. [§43] Reentering or Remaining on Campus Without Registering.

N. [§44] Improper Picketing Activity.

O. [§44A] (New) Unlawful Conduct at Sporting Event.

II. DISORDERLY CONDUCT

A. [§45] In General.

B. Soliciting or Engaging in Public Lewd or Dissolute Conduct.

1. [§46] In General.

2. [§47] What Constitutes Lewd or Dissolute Conduct.

C. [§48] Invasion of Privacy.

D. Loitering.

1. [§49] About Public Toilet.

2. [§50] On Streets.

3. [§51] On Another's Property.

4. [§52] About Schools or Places Attended by Children.

5. [§53] For Drug Activities.

6. [§54] For Prostitution.

E. Public Intoxication.

1. [§55] In General.

2. [§56] Statute Constitutional.

3. [§57] What Is Public Place.

4. [§58] Placement in Civil Protective Custody.

F. Annoying or Molesting Children.

1. [§59] In General.

2. [§60] Construction and Application of Statute.

G. [§61] Begging.

H. [§62] Camping on Public Property.

III. NARCOTICS AND OTHER CONTROLLED SUBSTANCES

A. [§63] California Statutes and General Law.

B. Classification of Controlled Substances.

1. [§64] Uniform Controlled Substances Act.

2. California Act.

(a) [§65] In General.

(b) [§66] Substances Formerly Classified as Narcotics.

(d) Marijuana.

(1) [§68] In General.

(2) [§69] Definition.

(3) [§70] Compassionate Use Act.

(aa) [§70A] (New) Identification Card Program.

(bb) [§70B] (New) Protection From Criminal Liability.

(cc) [§70C] (New) Limits on Protection From Criminal Liability.

(dd) [§70D] (New) Fraudulent Use of Card.

(e) [§71] Analogs of Controlled Substances.

C. Using or Being Under the Influence.

1. [§72] Former Law Criminalizing Addiction.

2. [§73] Specified Narcotics and Restricted Dangerous Drugs.

3. [§74] Possession of Firearm While Under the Influence.

4. [§75] Toluene and Nitrous Oxide.

5. [§76] Testing for Addiction.

D. Possession.

1. Statutory Prohibitions.

(a) Simple Possession.

(1) [§77] In General.

(2) [§78] Marijuana.

(3) [§79] Toluene and Nitrous Oxide.

(b) [§80] Possession in Conjunction With Firearm.

2. Elements of Offense.

(a) [§82] In General.

(b) [§83] Sufficient Quantity.

(d) Illegal Possession.

(1) [§85] Physical Possession.

(2) [§86] Joint Possession.

(3) [§87] Constructive Possession.

(4) [§88] Possession Inconsistent With Legal Possession.

(5) [§89] Past Possession as Proof of Present Possession.

(e) Knowledge.

(1) [§90] Dual Requirement.

(2) [§91] Fact of Possession.

(3) [§92] Character of Substance.

3. [§93] Defenses.

E. Transporting, Selling, Offering, or Furnishing.

1. [§94] Statutory Prohibitions.

2. [§95] Transportation.

3. Sale.

(a) [§96] In General.

(b) [§97] Sufficient Quantity.

(d) [§99] Circumstantial Evidence.

4. [§100] Furnishing, Administering, or Giving Away.

5. [§101] Offering To Transport, Sell, or Furnish.

6. [§102] Fraudulent Agreement.

F. Dealings With Minors.

1. Transactions Involving Specified Drugs.

(a) [§103] Substances Formerly Classified as Narcotics.

(b) [§104] Substances Formerly Classified as Restricted Dangerous Drugs.

(d) [§106] Toluene.

2. Transactions in Specified Places.

(a) [§107] Parks, Playgrounds, Child Care Facilities, and Religious Facilities.

(b) [§108] Schools.

3. [§109] Transactions Involving Prescriptions.

4. [§110] Distribution of Imitation Controlled Substances.

G. Production.

1. [§111] Cultivating, Harvesting, or Processing.

2. [§112] Manufacture.

3. Sale or Possession of Means of Production.

(a) [§113] In General.

(b) [§114] Precursors of Methamphetamine and Phencyclidine.

H. [§116] Drug Paraphernalia.

I. [§117] Concealment in False Compartment.

J. [§118] Visiting or Using Place for Unlawful Activity.

K. Prescriptions.

1. [§119] In General.

2. [§120] Forgery or Alteration.

L. [§121] Imitation Controlled Substances.

M. [§122] Money Associated With Unlawful Transactions.

N. [§123] Improper Disposal.

O. [§124] Bringing Controlled Substances to Prisoners.

P. [§125] Advertising Anabolic Steroids.

Q. [§126] Punishment.

Q-1. (New) Probation for Nonviolent Possession Offenses.

1. [§126A] (New) In General.

2. [§126B] (New) Drug Treatment Program.

3. [§126C] (New) Violation of Probation.

4. (New) Exceptions to Mandatory Probation.

(a) [§126D] (New) Defendant With Recent Conviction for Serious or Violent Felony.

(b) [§126E] (New) Defendant With Another Conviction in Same Proceeding.

5. [§126G] (New) Drug Treatment Program.

6. (New) Violations of Probation.

(a) [§126H] (New) In General.

(b) [§126-I] (New) Non-Drug-Related Violations.

(d) [§126K] (New) Drug-Related Violations of Probation Granted Before Effective Date of Act.

(e) [§126L] (New) Underlying Offense Controls Applicability of Act.

(f) [§126M] (New) Disparate Treatment of Probations and Parolees.

R. Civil Commitment of Narcotic Addicts.

1. [§127] In General.

2. Commitment of Persons Convicted of Crimes.

(a) Eligibility for Commitment.

(1) [§128] In General.

(2) [§129] Discretion of Court in Felony Cases.

(b) Procedure.

(1) [§130] Conviction of Felony.

(2) [§131] Conviction of Misdemeanor or Infraction.

(3) [§132] Procedure Mandatory.

3. [§133] Commitment of Persons Not Convicted of Crime.

4. [§134] Jury Trial on Issue of Addiction.

5. [§135] Revocation of Inpatient Status.

6. Outpatient Status.

(a) [§136] Release.

(b) [§137] Due Process Safeguards Against Revocation.

7. [§138] Discharge.

S. [§139] Treatment of Addicts With Narcotics.

IV. DEADLY WEAPONS

A. [§140] In General.

B. Legal Firearms.

1. [§141] In General.

2. [§142] Safety Devices.

3. Licensed Sale or Possession.

(a) [§143] In General.

(b) [§144] Sale, Lease, or Transfer by Unlicensed Person.

(d) Restrictions on Transfers.

(1) [§146] In General.

(2) [§147] Transfers to Specified Persons.

(3) [§148] Time and Manner of Delivery by Dealer.

(4) [§149] Transfers by Persons Not Licensed in California.

(5) [§150] Importation Restrictions.

(6) [§151] Reporting and Identification Requirements for Concealable Firearms.

(7) [§152] Punishment.

4. [§153] License To Manufacture.

5. Unlawful Carrying of Concealable Firearms.

(a) [§154] In General.

(b) [§155] Concealment and Possession.

(d) [§157] Exempt Persons.

(e) [§158] Exempt Activities.

(f) [§159] Justifiable Violation of Statute.

6. [§160] Unlawful Acts Involving Ammunition.

C. Unlawful Weapons.

1. [§161] In General.

2. [§162] Concealed Dirks or Explosives.

3. Assault Weapons.

(a) [§163] In General.

(b) [§164] Proceedings To Declare Firearm To Be Assault Weapon.

(d) [§166] Registration and Permits.

4. [§167] Unsafe Handguns.

5. Destructive Devices.

(a) [§168] In General.

(b) [§169] Statutory Prohibitions.

6. [§170] Armor Piercing Ammunition.

7. [§171] Tear Gas.

8. [§172] Switchblade Knives.

9. [§173] Other Weapons and Devices.

D. Unlawful Possession of Weapons by Specified Persons.

1. [§174] Nature and Scope of Statutes.

2. Persons Prohibited.

(a) [§175] Felons and Addicts.

(b) [§176] Violent Crimes Offenders.

(d) [§178] Probationers.

(e) [§179] Juvenile Offenders.

(f) [§180] Subjects of Protective and Restraining Orders.

(g) [§181] Minors.

(h) [§182] Prisoners.

(i) [§183] Mentally Disordered Persons.

3. [§184] Knowledge and Intent as Elements.

E. Unlawful Use or Handling of Weapons in Specified Places.

1. Public Place.

(a) Carrying Loaded Firearm.

(1) [§185] Offenses.

(2) [§186] Exemptions.

(b) [§187] Carrying Firearm While Masked.

2. [§188] Capitol, State Office, or Residence of State Official.

3. [§189] Public Building or Open Meeting.

3A. [§189A] (New) Sterile Area of Airport.

4. School, University, or College.

(a) [§190] Firearms.

(b) [§191] Other Weapons.

5. [§192] Playground or Youth Center.

6. [§193] Motor Vehicle.

F. [§194] Carrying Loaded Firearm With Intent To Commit Felony.

G. [§195] Criminal Storage of Firearm.

H. [§196] Nuisances.

V. MOTOR VEHICLE OFFENSES

A. [§197] Vehicle Code and Penal Code.

B. Punishment.

1. [§198] In General.

2. [§199] Infractions.

3. [§200] Misdemeanors.

4. [§201] Felonies.

5. [§202] Nonfelony Offenses of Persons in Custody.

C. [§203] Responsibilities of Owner, Operator, Employer, and Employee.

D. [§204] Reckless Driving.

E. Drunk Driving or Driving by Addict.

1. [§205] In General.

2. Classification of Offenses.

(a) [§206] Misdemeanors.

(b) [§207] Felonies.

3. [§208] What Constitutes Driving.

4. Specific Offenses.

(a) [§209] Driving Under the Influence.

(b) [§210] Driving With Unlawful Blood-Alcohol Level.

5. Punishment.

(a) [§212] In General.

(b) Misdemeanor Offenses.

(1) [§213] First Violation.

(2) [§214] One Separate Conviction of Related Offense.

(3) [§215] Two Separate Convictions of Related Offenses.

(4) [§216] Three or More Separate Convictions of Related Offenses.

(5) [§217] Enhanced Punishment Where Minor Is Passenger.

(1) [§218] First Violation.

(2) [§219] One Separate Conviction of Related Offense.

(3) [§220] Two or More Separate Convictions of Related Offenses.

(4) [§221] Enhanced Punishment for Multiple Victims.

(d) [§222] Prior Violation Punished as Felony.

(e) [§223] Ignition Interlock Device.

(f) [§224] Striking Separate Convictions.

(g) [§225] Time of Separate Convictions.

6. Testing To Determine Alcohol or Drug Content of Blood (Implied Consent Law).

(a) [§226] Nature and Scope of Law.

(b) [§227] Validity of Law.

(d) Information That Must Be Furnished to Driver.

(1) [§229] In General.

(2) [§230] Consequences of Refusal To Submit to Test.

(e) [§231] Administration of Test.

(f) Refusal To Take Test.

(1) [§232] What Constitutes Refusal.

(2) [§233] Lack of Capacity To Refuse Test.

(3) [§234] Notice of Suspension or Revocation of License.

(4) [§235] Sanctions.

7. Related Offenses Involving Alcohol or Drugs.

(a) [§236] Drinking or Possessing Alcohol or Marijuana.

(b) [§237] Relinquishing Possession of Vehicle to Intoxicated Minor.

F. License Offenses.

1. [§238] Driving Without Valid License.

2. Driving While License Suspended, Revoked, or Restricted.

(a) [§239] Reason for Suspension, Revocation, or Restriction.

(b) [§240] Habitual Traffic Offender.

3. [§242] Permitting Unlicensed Person To Drive.

4. [§243] Unlawful Use of License.

G. Offenses Relating to Conduct After Accident.

1. [§244] In General.

2. [§245] Accident Causing Injury or Death.

3. [§246] Accident Causing Property Damage.

4. [§247] Persons Subject to Prosecution.

5. [§248] What Constitutes Involvement in Accident.

6. [§249] Duty To Stop.

7. Duty To Give Information or Aid.

(a) [§250] Illustrations of Violation.

(b) [§251] Excusable Failure To Comply.

8. [§252] Knowledge of Accident.

H. Violation of Rules of the Road.

1. Speed Laws.

(a) [§253] In General.

(b) [§254] Speed Contests and Exhibitions.

2. [§255] Pedestrian's Rights and Duties.

3. Parking, Stopping, and Standing.

(a) [§256] Parking.

(b) [§257] Stopping and Standing.

4. [§259] Miscellaneous Regulations.

I. [§260] Disobeying or Giving False Information to Peace Officer.

J. [§261] Financial Responsibility Law.

VI. LOTTERIES

A. [§262] Lotteries Prohibited.

B. What Constitutes Lottery.

1. [§263] In General.

2. [§264] Chance or Skill as Determinative.

3. [§265] Advertising Schemes.

C. [§266] Crimes Involving Lotteries.

D. Exceptions to Prohibition.

1. [§267] Charitable Bingo Games and Raffles.

2. [§268] California State Lottery.

3. [§269] Reverse Vending Machines.

VII. GAMBLING

A. [§270] In General.

B. [§271] Roulette, Card, and Dice Games.

C. [§272] Slot Machines and Punchboards.

D. [§273] Fraudulent Games.

E. [§274] Permitting or Maintaining Place for Gambling.

E-1. [§274A] (New) Cheating in Gambling.

F. [§275] Legal Gambling.

VIII. HORSE RACING AND BOOKMAKING

A. Horse Racing.

1. [§276] In General.

2. [§277] Touting.

B. Bookmaking.

1. [§278] Nature and Scope of Statute.

2. [§279] Engaging in Pool-Selling or Bookmaking.

3. [§280] Keeping Place for Recording Bets.

4. [§281] Other Illegal Acts.

IX. REGULATION OF FOOD, LIQUOR, DRUGS, AND COSMETICS

A. Food.

1. [§282] In General.

2. [§283] Poisons and Harmful Substances.

3. [§284] Adulteration.

4. [§285] Misbranding.

5. [§286] False Advertising and Fraudulent Sales.

6. [§287] Particular Foods and Businesses.

B. Liquor.

1. [§288] In General.

2. [§289] Furnishing Liquor to Specified Persons.

3. [§290] Time, Place, and Manner of Sale.

4. [§291] Regulations Involving Minors.

C. Drugs.

1. [§292] In General.

2. [§293] Poisons, Dangerous Drugs and Devices, New Drugs, and Biologics.

3. [§294] Adulteration.

4. [§295] Misbranding.

5. [§296] False Advertising.

C-1. [§296A] (New) Home Medical Device Retailers.

D. [§297] Cosmetics.

E. [§298] Immunity of Dealers and Publishers.

X. REGULATION OF CORPORATIONS AND ASSOCIATIONS

A. [§299] In General.

B. Securities Regulation.

1. Corporate Securities Law.

(a) [§300] Nature and Scope.

(b) [§301] Fraud or Deceit.

(d) [§303] Other Offenses.

(e) [§304] Punishment.

(f) [§305] Scienter as Element of Offense.

2. [§306] Supplementary Statutes.

C. [§307] General Corporation Law.

D. [§308] Nonprofit Corporation Law.

E. [§309] Consumer Cooperative Corporations.

F. [§310] Unincorporated Associations.

XI. REGULATION OF BUSINESSES AND PROFESSIONS

A. [§311] In General.

B. [§312] Licensing Statutes and Ordinances.

C. [§313] Restraint of Trade and Unfair Practices.

D. Healing Arts.

1. General Offenses.

(a) [§314] In General.

(b) [§315] Unlawful Referral of Patients.

2. [§317] Reporting Requirements.

3. Medicine.

(a) [§318] In General.

(b) [§319] Unlicensed Practice.

4. [§320] Dentistry.

5. [§321] Optometry.

6. [§322] Chiropractic.

7. [§323] Pharmacy.

8. [§324] Nursing.

9. [§325] Other Healing Arts.

E. Financial Institutions.

1. [§326] Banks.

2. Savings Associations.

(a) [§327] In General.

(b) [§328] Criminal Proceedings.

3. [§329] Other Institutions.

F. [§330] Insurance.

G. [§331] Attorneys.

H. [§332] Architects.

I. [§333] Engineers.

J. [§334] Contractors.

K. Automobile Business.

1. [§335] In General.

2. [§336] Manufacturers, Transporters, and Dealers.

3. [§337] Automotive Repair Dealers.

L. [§338] Secondhand Goods Dealers.

M. [§339] Cemetery and Funeral Businesses.

N. [§340] Real Property Services.

O. [§341] Other Businesses and Professions.

XII. REGULATION OF EMPLOYMENT

A. [§342] In General.

B. [§343] Employment Relationship.

C. [§344] Employment Agencies and Services.

D. Conditions of Employment.

1. Time of Work.

(a) [§345] In General.

(b) [§346] Minors.

2. [§347] Health.

3. Safety.

(a) [§348] In General.

(b) [§349] Particular Places of Employment.

4. [§351] Industrial Homework.

5. [§352] Civil and Political Rights.

E. Compensation.

1. [§353] In General.

2. [§354] Time of Payment.

F. [§355] Public Works.

G. [§356] Public Officers and Employees.

XIII. BROKERS AND AGENTS

A. [§357] In General.

B. [§358] Real Estate Brokers and Salespersons.

C. [§359] Mineral, Oil, and Gas Brokers.

D. [§360] Other Brokers and Agents.

XIV. PROTECTION OF HEALTH AND SAFETY

A. [§361] In General.

B. Health Care.

1. [§362] Licensing.

2. [§363] Continuing Care Contracts.

3. [§364] Cancer Treatment.

C. Health and Safety Regulations.

1. [§365] Air Pollution.

2. Animals.

(a) [§366] Dangerous Dogs.

(b) [§367] Mischievous Animals Causing Death.

3. [§368] Communicable Diseases.

4. Dead Bodies and Cemeteries.

(a) [§369] Dead Bodies.

(b) [§370] Fetal Remains.

5. [§372] Dumping and Littering.

6. [§373] Explosives.

7. [§374] Fire.

8. Hazardous Substances.

(a) [§375] Hazardous Substances Act.

(b) [§376] Hazardous Waste Control.

(d) [§378] Dumping Hazardous Substance.

(e) [§379] Medical Waste Management.

9. [§380] Housing.

10. [§381] Hypodermic Needles and Syringes.

11. [§382] Quarantine and Pest Control.

12. [§383] Radiation.

13. [§384] Sanitation.

14. [§385] Toys.

15. Vehicles.

(a) [§386] General Equipment Requirements.

(b) Motor Vehicle Safety Belts and Inflatable Restraint Systems.

(1) [§387] Equipment Requirements.

(2) [§388] Mandatory Use of Seatbelts.

(3) [§389] Child Safety Requirements.

16. Water.

(a) [§391] In General.

(b) [§392] Pollution.

17. [§394] Other Matters.

D. [§395] Interference in Emergencies.

E. [§396] Public Nuisance.

F. [§397] Reporting Serious Concealed Danger.

G. [§398] Vital Records.

XV. PROTECTION OF NATURAL RESOURCES

A. Fish and Game.

1. [§399] In General.

2. [§400] Unlawful Taking, Possession, or Sale.

3. [§401] Dangerous or Injurious Acts.

4. [§402] Native American Rights.

5. [§403] Protection of Species and Habitats.

B. [§404] Forests.

C. [§405] Oil and Gas.

D. [§406] Recycling and Waste Management.

E. Water.

1. [§407] In General.

2. [§408] Oil Spills in Marine Waters.

XVI. PROTECTION OF CIVIL AND POLITICAL RIGHTS

A. [§409] In General.

B. Interference With Civil Rights Because of Victim's Beliefs or Characteristics.

1. [§410] In General.

2. [§411] Validity of Statutes.

C. [§412] Interference With Rights of Disabled Persons.

D. Invasion of Privacy.

1. [§413] In General.

2. [§414] Unauthorized Wiretapping.

3. [§415] Electronic Eavesdropping on Confidential Communications.

4. [§416] Interception of Cellular and Cordless Telephone Communications.

5. [§417] Eavesdropping on Prisoner.

6. [§418] Manufacture, Sale, or Possession of Eavesdropping Devices.

7. [§419] Disclosing, Opening, or Altering Message.

8. [§420] Recording or Disclosing Information About Subscribers by Cable Television Corporation.

8A. [§420A] (New) Disclosing Information About Subscribers by Telephone Corporation.

9. [§421] Disclosure of Carpooling Information.

10. [§422] Use of Electronic Tracking Device.

11. [§423] Commercial Use of Personal Information.

12. [§424] Annoying Telephone Calls or Electronic Communications.

13. [§425] Disclosure of Utility Tax Information.

XVII. MISCELLANEOUS OFFENSES AND REGULATIONS

A. Education.

1. [§426] In General.

2. [§427] Students.

B. Harbors and Navigation.

1. [§428] In General.

2. Boating.

(a) [§429] In General.

(b) [§430] Operation While Under the Influence or Addicted.

C. [§431] Streets and Highways.

D. [§432] Aircraft.

E. [§433] Bicycles.

F. [§434] Low-Speed Vehicles and Motorized Scooters.

G. [§435] Public Utilities.

H. [§436] Immigration Matters.

I. [§437] Overpricing During Emergency.

J. [§438] Consumer Packaging.

K. [§439] Sale of Human Organs for Transplantation.

L. [§440] (New) Protections for Members of Military Service.