142-181
PENAL CODE
SECTION 142-181
142. (a) Any peace officer who has the authority to receive or
arrest a person charged with a criminal offense and willfully refuses
to receive or arrest that person shall be punished by a fine not
exceeding ten thousand dollars ($10,000), or by imprisonment in the
state prison, or in a county jail not exceeding one year, or by both
that fine and imprisonment.
(b) Notwithstanding subdivision (a), the sheriff may determine
whether any jail, institution, or facility under his or her direction
shall be designated as a reception, holding, or confinement
facility, or shall be used for several of those purposes, and may
designate the class of prisoners for which any facility shall be
used.
(c) This section shall not apply to arrests made pursuant to
Section 837.
145. Every public officer or other person, having arrested any
person upon a criminal charge, who willfully delays to take such
person before a magistrate having jurisdiction, to take his
examination, is guilty of a misdemeanor.
146. Every public officer, or person pretending to be a public
officer, who, under the pretense or color of any process or other
legal authority, does any of the following, without a regular process
or other lawful authority, is guilty of a misdemeanor:
(a) Arrests any person or detains that person against his or her
will.
(b) Seizes or levies upon any property.
(c) Dispossesses any one of any lands or tenements.
146a. (a) Any person who falsely represents himself or herself to
be a deputy or clerk in any state department and who, in that assumed
character, does any of the following is guilty of a misdemeanor
punishable by imprisonment in a county jail not exceeding six months,
by a fine not exceeding two thousand five hundred dollars ($2,500),
or both the fine and imprisonment:
(1) Arrests, detains, or threatens to arrest or detain any person.
(2) Otherwise intimidates any person.
(3) Searches any person, building, or other property of any
person.
(4) Obtains money, property, or other thing of value.
(b) Any person who falsely represents himself or herself to be a
public officer, investigator, or inspector in any state department
and who, in that assumed character, does any of the following 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, or by imprisonment in the
state prison:
(1) Arrests, detains, or threatens to arrest or detain any person.
(2) Otherwise intimidates any person.
(3) Searches any person, building, or other property of any
person.
(4) Obtains money, property, or other thing of value.
146b. Every person who, with intent to lead another to believe that
a request or demand for information is being made by the State, a
county, city, or other governmental entity, when such is not the
case, sends to such other person a written or printed form or other
communication which reasonably appears to be such request or demand
by such governmental entity, is guilty of a misdemeanor.
146c. Every person who designates any nongovernmental organization
by any name, including, but not limited to any name that incorporates
the term "peace officer," "police," or "law enforcement," that would
reasonably be understood to imply that the organization is composed
of law enforcement personnel, when, in fact, less than 80 percent of
the voting members of the organization are law enforcement personnel
or firefighters, active or retired, is guilty of a misdemeanor.
Every person who solicits another to become a member of any
organization so named, of which less than 80 percent of the voting
members are law enforcement personnel or firefighters, or to make a
contribution thereto or subscribe to or advertise in a publication of
the organization, or who sells or gives to another any badge, pin,
membership card, or other article indicating membership in the
organization, knowing that less than 80 percent of the voting members
are law enforcement personnel or firefighters, active or retired, is
guilty of a misdemeanor.
As used in this section, "law enforcement personnel" includes
those mentioned in Chapter 4.5 (commencing with Section 830) of Title
3 of Part 2, plus any other officers in any segment of law
enforcement who are employed by the state or any of its political
subdivisions.
146d. Every person who sells or gives to another a membership card,
badge, or other device, where it can be reasonably inferred by the
recipient that display of the device will have the result that the
law will be enforced less rigorously as to such person than would
otherwise be the case is guilty of a misdemeanor.
146e. (a) Every person who maliciously, and with the intent to
obstruct justice or the due administration of the laws, or with the
intent or threat to inflict imminent physical harm in retaliation for
the due administration of the laws, publishes, disseminates, or
otherwise discloses the residence address or telephone number of any
peace officer, nonsworn police dispatcher, employee of a city police
department or county sheriff's office, or public safety official, or
that of the spouse or children of these persons who reside with them,
while designating the peace officer, nonsworn police dispatcher,
employee of a city police department or county sheriff's office, or
public safety official, or relative of these persons as such, without
the authorization of the employing agency, is guilty of a
misdemeanor.
(b) A violation of subdivision (a) with regard to any peace
officer, employee of a city police department or county sheriff's
office, or public safety official, or the spouse or children of these
persons, that results in bodily injury to the peace officer,
employee of the city police department or county sheriff's office, or
public safety official, or the spouse or children of these persons,
is a felony.
(c) For purposes of this section, "public safety official" is
defined in Section 6254.24 of the Government Code.
146f. No inmate under the control or supervision of the Department
of Corrections or the Department of the Youth Authority shall be
permitted to work with records or files containing peace officer
personnel information or be allowed access to the immediate area
where that information is normally stored, except for maintenance
services and only after those records or files have been secured and
locked.
146g. (a) Any peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2, any employee of a law
enforcement agency, any attorney as defined in Section 6125 of the
Business and Professions Code employed by a governmental agency, or
any trial court employee as defined in Section 71601 of the
Government Code, who does either of the following is guilty of a
misdemeanor punishable by a fine not to exceed one thousand dollars
($1,000):
(1) Discloses, for financial gain, information obtained in the
course of a criminal investigation, the disclosure of which is
prohibited by law.
(2) Solicits, for financial gain, the exchange of information
obtained in the course of a criminal investigation, the disclosure of
which is prohibited by law.
(b) Any person who solicits any other person described in
subdivision (a) for the financial gain of the person described in
subdivision (a) to disclose information obtained in the course of a
criminal investigation, with the knowledge that the disclosure is
prohibited by law, is guilty of a misdemeanor, punishable by a fine
not to exceed one thousand dollars ($1,000).
(c) (1) Any person described in subdivision (a) who, for financial
gain, solicits or sells any photograph or video taken inside any
secure area of a law enforcement or court facility, the taking of
which was not authorized by the law enforcement or court facility
administrator, is guilty of a misdemeanor punishable by a fine not to
exceed one thousand dollars ($1,000).
(2) Any person who solicits any person described in subdivision
(a) for financial gain to the person described in subdivision (a) to
disclose any photograph or video taken inside any secure area of a
law enforcement or court facility, the taking of which was not
authorized by the law enforcement or court facility administrator, is
guilty of a misdemeanor punishable by a fine not to exceed one
thousand dollars ($1,000).
(d) Upon conviction of, and in addition to, any other penalty
prescribed by this section, the defendant shall forfeit any monetary
compensation received in the commission of a violation of this
section and the money shall be deposited in the Victim Restitution
Fund.
(e) Nothing in this section shall apply to officially sanctioned
information, photographs, or video, or to information, photographs,
or video obtained or distributed pursuant to the California
Whistleblower Protection Act or the Local Government Disclosure of
Information Act.
(f) This section shall not be construed to limit or prevent
prosecution pursuant to any other applicable provision of law.
147. Every officer who is guilty of willful inhumanity or
oppression toward any prisoner under his care or in his custody, is
punishable by fine not exceeding four thousand dollars ($4,000), and
by removal from office.
148. (a) (1) Every person who willfully resists, delays, or
obstructs any public officer, peace officer, or an emergency medical
technician, as defined in Division 2.5 (commencing with Section 1797)
of the Health and Safety Code, in the discharge or attempt to
discharge any duty of his or her office or employment, when no other
punishment is prescribed, shall be punished by a fine not exceeding
one thousand dollars ($1,000), or by imprisonment in a county jail
not to exceed one year, or by both that fine and imprisonment.
(2) Except as provided by subdivision (d) of Section 653t, every
person who knowingly and maliciously interrupts, disrupts, impedes,
or otherwise interferes with the transmission of a communication over
a public safety radio frequency shall be punished by a fine not
exceeding one thousand dollars ($1,000), imprisonment in a county
jail not exceeding one year, or by both that fine and imprisonment.
(b) Every person who, during the commission of any offense
described in subdivision (a), removes or takes any weapon, other than
a firearm, from the person of, or immediate presence of, a public
officer or peace officer shall be punished by imprisonment in a
county jail not to exceed one year or in the state prison.
(c) Every person who, during the commission of any offense
described in subdivision (a), removes or takes a firearm from the
person of, or immediate presence of, a public officer or peace
officer shall be punished by imprisonment in the state prison.
(d) Except as provided in subdivision (c) and notwithstanding
subdivision (a) of Section 489, every person who removes or takes
without intent to permanently deprive, or who attempts to remove or
take a firearm from the person of, or immediate presence of, a public
officer or peace officer, while the officer is engaged in the
performance of his or her lawful duties, shall be punished by
imprisonment in a county jail not to exceed one year or in the state
prison.
In order to prove a violation of this subdivision, the prosecution
shall establish that the defendant had the specific intent to remove
or take the firearm by demonstrating that any of the following
direct, but ineffectual, acts occurred:
(1) The officer's holster strap was unfastened by the defendant.
(2) The firearm was partially removed from the officer's holster
by the defendant.
(3) The firearm safety was released by the defendant.
(4) An independent witness corroborates that the defendant stated
that he or she intended to remove the firearm and the defendant
actually touched the firearm.
(5) An independent witness corroborates that the defendant
actually had his or her hand on the firearm and tried to take the
firearm away from the officer who was holding it.
(6) The defendant's fingerprint was found on the firearm or
holster.
(7) Physical evidence authenticated by a scientifically verifiable
procedure established that the defendant touched the firearm.
(8) In the course of any struggle, the officer's firearm fell and
the defendant attempted to pick it up.
(e) A person shall not be convicted of a violation of subdivision
(a) in addition to a conviction of a violation of subdivision (b),
(c), or (d) when the resistance, delay, or obstruction, and the
removal or taking of the weapon or firearm or attempt thereof, was
committed against the same public officer, peace officer, or
emergency medical technician. A person may be convicted of multiple
violations of this section if more than one public officer, peace
officer, or emergency medical technician are victims.
(f) This section shall not apply if the public officer, peace
officer, or emergency medical technician is disarmed while engaged in
a criminal act.
148.1. (a) Any person who reports to any peace officer listed in
Section 830.1 or 830.2, or subdivision (a) of Section 830.33,
employee of a fire department or fire service, district attorney,
newspaper, radio station, television station, deputy district
attorney, employees of the Department of Justice, employees of an
airline, employees of an airport, employees of a railroad or busline,
an employee of a telephone company, occupants of a building or a
news reporter in the employ of a newspaper or radio or television
station, that a bomb or other explosive has been or will be placed or
secreted in any public or private place, knowing that the report is
false, is guilty of a crime punishable by imprisonment in the state
prison, or imprisonment in the county jail not to exceed one year.
(b) Any person who reports to any other peace officer defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 that a
bomb or other explosive has been or will be placed or secreted in
any public or private place, knowing that the report is false, is
guilty of a crime punishable by imprisonment in the state prison or
in the county jail not to exceed one year if (1) the false
information is given while the peace officer is engaged in the
performance of his or her duties as a peace officer and (2) the
person providing the false information knows or should have known
that the person receiving the information is a peace officer.
(c) Any person who maliciously informs any other person that a
bomb or other explosive has been or will be placed or secreted in any
public or private place, knowing that the information is false, is
guilty of a crime punishable by imprisonment in the state prison, or
imprisonment in the county jail not to exceed one year.
(d) Any person who maliciously gives, mails, sends, or causes to
be sent any false or facsimile bomb to another person, or places,
causes to be placed, or maliciously possesses any false or facsimile
bomb, with the intent to cause another to fear for his or her
personal safety or the safety of others, is guilty of a crime
punishable by imprisonment in the state prison, or imprisonment in
the county jail not to exceed one year.
148.2. Every person who willfully commits any of the following acts
at the burning of a building or at any other time and place where
any fireman or firemen or emergency rescue personnel are discharging
or attempting to discharge an official duty, is guilty of a
misdemeanor:
1. Resists or interferes with the lawful efforts of any fireman or
firemen or emergency rescue personnel in the discharge or attempt to
discharge an official duty.
2. Disobeys the lawful orders of any fireman or public officer.
3. Engages in any disorderly conduct which delays or prevents a
fire from being timely extinguished.
4. Forbids or prevents others from assisting in extinguishing a
fire or exhorts another person, as to whom he has no legal right or
obligation to protect or control, from assisting in extinguishing a
fire.
148.3. (a) Any individual who reports, or causes any report to be
made, to any city, county, city and county, or state department,
district, agency, division, commission, or board, that an "emergency"
exists, knowing that the report is false, is guilty of a misdemeanor
and upon conviction thereof shall be punishable by imprisonment in
the county jail for a period not exceeding one year, or by a fine not
exceeding one thousand dollars ($1,000), or by both that
imprisonment and fine.
(b) Any individual who reports, or causes any report to be made,
to any city, county, city and county, or state department, district,
agency, division, commission, or board, that an "emergency" exists,
and who knows that the report is false, and who knows or should know
that the response to the report is likely to cause death or great
bodily injury, and great bodily injury or death is sustained by any
person as a result of the false report, is guilty of a felony and
upon conviction thereof shall be punishable by imprisonment in the
state prison, or by a fine of not more than ten thousand dollars
($10,000), or by both that imprisonment and fine.
(c) "Emergency" as used in this section means any condition that
results in, or could result in, the response of a public official in
an authorized emergency vehicle, aircraft, or vessel, any condition
that jeopardizes or could jeopardize public safety and results in, or
could result in, the evacuation of any area, building, structure,
vehicle, or of any other place that any individual may enter, or any
situation that results in or could result in activation of the
Emergency Alert System pursuant to Section 8594 of the Government
Code. An activation or possible activation of the Emergency Alert
System pursuant to Section 8594 of the Government Code shall not
constitute an "emergency" for purposes of this section if it occurs
as the result of a report made or caused to be made by a parent,
guardian, or lawful custodian of a child that is based on a good
faith belief that the child is missing.
148.4. (a) Any person who does any of the following is guilty of a
misdemeanor and upon 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 fine and imprisonment:
(1) Willfully and maliciously tampers with, molests, injures, or
breaks any fire protection equipment, fire protection installation,
fire alarm apparatus, wire, or signal.
(2) Willfully and maliciously sends, gives, transmits, or sounds
any false alarm of fire, by means of any fire alarm system or signal
or by any other means or methods.
(b) Any person who willfully and maliciously sends, gives,
transmits, or sounds any false alarm of fire, by means of any fire
alarm system or signal, or by any other means or methods, is guilty
of a felony and upon conviction is punishable by imprisonment in the
state prison or by a fine of not less than five hundred dollars
($500) nor more than ten thousand dollars ($10,000), or by both that
fine and imprisonment, if any person sustains as a result thereof,
any of the following:
(1) Great bodily injury.
(2) Death.
148.5. (a) Every person who reports to any peace officer listed in
Section 830.1 or 830.2, or subdivision (a) of Section 830.33, the
Attorney General, or a deputy attorney general, or a district
attorney, or a deputy district attorney that a felony or misdemeanor
has been committed, knowing the report to be false, is guilty of a
misdemeanor.
(b) Every person who reports to any other peace officer, as
defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, that a felony or misdemeanor has been committed, knowing the
report to be false, is guilty of a misdemeanor if (1) the false
information is given while the peace officer is engaged in the
performance of his or her duties as a peace officer and (2) the
person providing the false information knows or should have known
that the person receiving the information is a peace officer.
(c) Except as provided in subdivisions (a) and (b), every person
who reports to any employee who is assigned to accept reports from
citizens, either directly or by telephone, and who is employed by a
state or local agency which is designated in Section 830.1, 830.2,
subdivision (e) of Section 830.3, Section 830.31, 830.32, 830.33,
830.34, 830.35, 830.36, 830.37, or 830.4, that a felony or
misdemeanor has been committed, knowing the report to be false, is
guilty of a misdemeanor if (1) the false information is given while
the employee is engaged in the performance of his or her duties as an
agency employee and (2) the person providing the false information
knows or should have known that the person receiving the information
is an agency employee engaged in the performance of the duties
described in this subdivision.
(d) Every person who makes a report to a grand jury that a felony
or misdemeanor has been committed, knowing the report to be false, is
guilty of a misdemeanor. This subdivision shall not be construed as
prohibiting or precluding a charge of perjury or contempt for any
report made under oath in an investigation or proceeding before a
grand jury.
(e) This section does not apply to reports made by persons who are
required by statute to report known or suspected instances of child
abuse, dependent adult abuse, or elder abuse.
148.6. (a) (1) Every person who files any allegation of misconduct
against any peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, knowing the allegation to be
false, is guilty of a misdemeanor.
(2) Any law enforcement agency accepting an allegation of
misconduct against a peace officer shall require the complainant to
read and sign the following advisory, all in boldface type:
YOU HAVE THE RIGHT TO MAKE A COMPLAINT AGAINST A POLICE OFFICER FOR
ANY IMPROPER POLICE CONDUCT. CALIFORNIA LAW REQUIRES THIS AGENCY TO
HAVE A PROCEDURE TO INVESTIGATE CITIZENS' COMPLAINTS. YOU HAVE A
RIGHT TO A WRITTEN DESCRIPTION OF THIS PROCEDURE. THIS AGENCY MAY
FIND AFTER INVESTIGATION THAT THERE IS NOT ENOUGH EVIDENCE TO WARRANT
ACTION ON YOUR COMPLAINT; EVEN IF THAT IS THE CASE, YOU HAVE THE
RIGHT TO MAKE THE COMPLAINT AND HAVE IT INVESTIGATED IF YOU BELIEVE
AN OFFICER BEHAVED IMPROPERLY. CITIZEN COMPLAINTS AND ANY REPORTS OR
FINDINGS RELATING TO COMPLAINTS MUST BE RETAINED BY THIS AGENCY FOR
AT LEAST FIVE YEARS.
IT IS AGAINST THE LAW TO MAKE A COMPLAINT THAT YOU KNOW TO BE FALSE.
IF YOU MAKE A COMPLAINT AGAINST AN OFFICER KNOWING THAT IT IS FALSE,
YOU CAN BE PROSECUTED ON A MISDEMEANOR CHARGE.
I have read and understood the above
statement.
_______________________________________
Complainant
(3) The advisory shall be available in multiple languages.
(b) Every person who files a civil claim against a peace officer
or a lien against his or her property, knowing the claim or lien to
be false and with the intent to harass or dissuade the officer from
carrying out his or her official duties, is guilty of a misdemeanor.
This section applies only to claims pertaining to actions that arise
in the course and scope of the peace officer's duties.
148.7. Every person who, for the purpose of serving in any county
or city jail, industrial farm or road camp, or other local
correctional institution any part or all of the sentence of another
person, or any part or all of a term of confinement that is required
to be served by another person as a condition of probation,
represents to any public officer or employee that he is such other
person, is guilty of a misdemeanor.
148.9. (a) Any person who falsely represents or identifies himself
or herself as another person or as a fictitious person to any peace
officer listed in Section 830.1 or 830.2, or subdivision (a) of
Section 830.33, upon a lawful detention or arrest of the person,
either to evade the process of the court, or to evade the proper
identification of the person by the investigating officer is guilty
of a misdemeanor.
(b) Any person who falsely represents or identifies himself or
herself as another person or as a fictitious person to any other
peace officer defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2, upon lawful detention or arrest of the person,
either to evade the process of the court, or to evade the proper
identification of the person by the arresting officer is guilty of a
misdemeanor if (1) the false information is given while the peace
officer is engaged in the performance of his or her duties as a peace
officer and (2) the person providing the false information knows or
should have known that the person receiving the information is a
peace officer.
148.10. (a) Every person who willfully resists a peace officer in
the discharge or attempt to discharge any duty of his or her office
or employment and whose willful resistance proximately causes death
or serious bodily injury to a peace officer shall be punished by
imprisonment in the state prison for two, three, or four years, or by
a fine of not less than one thousand dollars ($1,000) or more than
ten thousand dollars ($10,000), or by both that fine and
imprisonment, or 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.
(b) For purposes of subdivision (a), the following facts shall be
found by the trier of fact:
(1) That the peace officer's action was reasonable based on the
facts or circumstances confronting the officer at the time.
(2) That the detention and arrest was lawful and there existed
probable cause or reasonable cause to detain.
(3) That the person who willfully resisted any peace officer knew
or reasonably should have known that the other person was a peace
officer engaged in the performance of his or her duties.
(c) This section does not apply to conduct that occurs during
labor picketing, demonstrations, or disturbing the peace.
(d) For purposes of this section, "serious bodily injury" is
defined in paragraph (4) of subdivision (f) of Section 243.
149. Every public officer who, under color of authority, without
lawful necessity, assaults or beats any person, is punishable by a
fine not exceeding ten thousand dollars ($10,000), or by imprisonment
in the state prison, or in a county jail not exceeding one year, or
by both such fine and imprisonment.
150. Every able-bodied person above 18 years of age who neglects or
refuses to join the posse comitatus or power of the county, by
neglecting or refusing to aid and assist in taking or arresting any
person against whom there may be issued any process, or by neglecting
to aid and assist in retaking any person who, after being arrested
or confined, may have escaped from arrest or imprisonment, or by
neglecting or refusing to aid and assist in preventing any breach of
the peace, or the commission of any criminal offense, being thereto
lawfully required by any uniformed peace officer, or by any peace
officer described in Section 830.1, subdivision (a), (b), (c), (d),
(e), or (f) of Section 830.2, or subdivision (a) of Section 830.33,
who identifies himself or herself with a badge or identification card
issued by the officer's employing agency, or by any judge, is
punishable by a fine of not less than fifty dollars ($50) nor more
than one thousand dollars ($1,000).
151. (a) Any person who advocates the willful and unlawful killing
or injuring of a peace officer, with the specific intent to cause the
willful and unlawful killing or injuring of a peace officer, and
such advocacy is done at a time, place, and under circumstances in
which the advocacy is likely to cause the imminent willful and
unlawful killing or injuring of a peace officer is guilty of (1) a
misdemeanor if such advocacy does not cause the unlawful and willful
killing or injuring of a peace officer, or (2) a felony if such
advocacy causes the unlawful and willful killing or injuring of a
peace officer.
(b) As used in this section, "advocacy" means the direct
incitement of others to cause the imminent willful and unlawful
killing or injuring of a peace officer, and not the mere abstract
teaching of a doctrine.
152. (a) Every person who, having knowledge of an accidental death,
actively conceals or attempts to conceal that death, shall be guilty
of a misdemeanor punishable by imprisonment in a county jail for not
more than one year, or by a fine of not less than one thousand
dollars ($1,000) nor more than ten thousand dollars ($10,000), or by
both that fine and imprisonment.
(b) For purposes of this section, "to actively conceal an
accidental death" means any of the following:
(1) To perform an overt act that conceals the body or directly
impedes the ability of authorities or family members to discover the
body.
(2) To directly destroy or suppress evidence of the actual
physical body of the deceased, including, but not limited to, bodily
fluids or tissues.
(3) To destroy or suppress the actual physical instrumentality of
death.
152.3. (a) Any person who reasonably believes that he or she has
observed the commission of any of the following offenses where the
victim is a child under the age of 14 years shall notify a peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2:
(1) Murder.
(2) Rape.
(3) A violation of paragraph (1) of subdivision (b) of Section 288
of the Penal Code.
(b) This section shall not be construed to affect privileged
relationships as provided by law.
(c) The duty to notify a peace officer imposed pursuant to
subdivision (a) is satisfied if the notification or an attempt to
provide notice is made by telephone or any other means.
(d) Failure to notify as required pursuant to subdivision (a) is a
misdemeanor and is punishable by a fine of not more than one
thousand five hundred dollars ($1,500), by imprisonment in a county
jail for not more than six months, or by both that fine and
imprisonment.
(e) The requirements of this section shall not apply to the
following:
(1) A person who is related to either the victim or the offender,
including a husband, wife, parent, child, brother, sister,
grandparent, grandchild, or other person related by consanguinity or
affinity.
(2) A person who fails to report based on a reasonable mistake of
fact.
(3) A person who fails to report based on a reasonable fear for
his or her own safety or for the safety of his or her family.
153. Every person who, having knowledge of the actual commission of
a crime, takes money or property of another, or any gratuity or
reward, or any engagement, or promise thereof, upon any agreement or
understanding to compound or conceal such crime, or to abstain from
any prosecution thereof, or to withhold any evidence thereof, except
in the cases provided for by law, in which crimes may be compromised
by leave of court, is punishable as follows:
1. By imprisonment in the state prison, or in a county jail not
exceeding one year, where the crime was punishable by death or
imprisonment in the state prison for life;
2. By imprisonment in the state prison, or in the county jail not
exceeding six months, where the crime was punishable by imprisonment
in the state prison for any other term than for life;
3. By imprisonment in the county jail not exceeding six months, or
by fine not exceeding one thousand dollars ($1,000), where the crime
was a misdemeanor.
154. (a) Every debtor who fraudulently removes his or her property
or effects out of this state, or who fraudulently sells, conveys,
assigns or conceals his or her property with intent to defraud,
hinder or delay his or her creditors of their rights, claims, or
demands, is punishable by imprisonment in the county jail not
exceeding one year, or by fine not exceeding one thousand dollars
($1,000), or by both that fine and imprisonment.
(b) Where the property so removed, sold, conveyed, assigned, or
concealed consists of a stock in trade, or a part thereof, of a value
exceeding two hundred fifty dollars ($250), the offense shall be a
felony and punishable as such.
155. (a) Every person against whom an action is pending, or against
whom a judgment has been rendered for the recovery of any personal
property, who fraudulently conceals, sells, or disposes of that
property, with intent to hinder, delay, or defraud the person
bringing the action or recovering the judgment, or with such intent
removes that property beyond the limits of the county in which it may
be at the time of the commencement of the action or the rendering of
the judgment, is punishable by imprisonment in a county jail not
exceeding one year, or by fine not exceeding one thousand dollars
($1,000), or by both that fine and imprisonment.
(b) Where the property so concealed, sold, disposed of, or removed
consists of a stock in trade, or a part thereof, of a value
exceeding two hundred fifty dollars ($250), the offenses shall be a
felony and punishable as such.
155.5. (a) Any defendant who is ordered to pay any fine or
restitution in connection with the commission of a misdemeanor and
who, after the plea or judgment and prior to sentencing, or during
the period that a restitution fine or order remains unsatisfied and
enforceable, sells, conveys, assigns, or conceals his or her property
with the intent to lessen or impair his or her financial ability to
pay in full any fine or restitution which he or she may lawfully be
ordered to pay, or to avoid forfeiture of assets pursuant to the
California Control of Profits of Organized Crime Act (Chapter 9
(commencing with Section 186) of this title), is guilty of a
misdemeanor.
(b) Any defendant who is ordered to pay any fine or restitution in
connection with the commission of a felony and who, after the plea
or judgment and prior to sentencing for the same felony offense, or
during the period that a restitution order remains unsatisfied and
enforceable, sells, conveys, assigns, or conceals his or her property
with the intent to lessen or impair his or her financial ability to
pay in full any fine or restitution which he or she may lawfully be
ordered to pay or to avoid forfeiture of assets derived from either
criminal profiteering pursuant to Chapter 9 (commencing with Section
186) of this title or trafficking in controlled substances pursuant
to Chapter 8 (commencing with Section 11470) of Division 10 of the
Health and Safety Code, is guilty of a felony.
156. Every person who fraudulently produces an infant, falsely
pretending it to have been born of any parent whose child would be
entitled to inherit any real estate or to receive a share of any
personal estate, with intent to intercept the inheritance of any such
real estate, or the distribution of any such personal estate from
any person lawfully entitled thereto, is punishable by imprisonment
in the state prison for two, three or four years.
157. Every person to whom an infant has been confided for nursing,
education, or any other purpose, who, with intent to deceive any
parent or guardian of such child, substitutes or produces to such
parent or guardian another child in the place of the one so confided,
is punishable by imprisonment in the state prison for two, three or
four years.
158. Common barratry is the practice of exciting groundless
judicial proceedings, and is punishable by imprisonment in the county
jail not exceeding six months and by fine not exceeding one thousand
dollars ($1,000).
159. No person can be convicted of common barratry except upon
proof that he has excited suits or proceedings at law in at least
three instances, and with a corrupt or malicious intent to vex and
annoy.
160. (a) No bail licensee may employ, engage, solicit, pay, or
promise any payment, compensation, consideration or thing of value to
any person incarcerated in any prison, jail, or other place of
detention for the purpose of that person soliciting bail on behalf of
the licensee. A violation of this section is a misdemeanor.
(b) Nothing in this section shall prohibit prosecution under
Section 1800 or 1814 of the Insurance Code, or any other applicable
provision of law.
165. Every person who gives or offers a bribe to any member of any
common council, board of supervisors, or board of trustees of any
county, city and county, city, or public corporation, with intent to
corruptly influence such member in his action on any matter or
subject pending before, or which is afterward to be considered by,
the body of which he is a member, and every member of any of the
bodies mentioned in this section who receives, or offers or agrees to
receive any bribe upon any understanding that his official vote,
opinion, judgment, or action shall be influenced thereby, or shall be
given in any particular manner or upon any particular side of any
question or matter, upon which he may be required to act in his
official capacity, is punishable by imprisonment in the state prison
for two, three or four years, and upon conviction thereof shall, in
addition to said punishment, forfeit his office, and forever be
disfranchised and disqualified from holding any public office or
trust.
166. (a) Except as provided in subdivisions (b), (c), and (d),
every person guilty of any contempt of court, of any of the following
kinds, is guilty of a misdemeanor:
(1) Disorderly, contemptuous, or insolent behavior committed
during the sitting of any court of justice, in the immediate view and
presence of the court, and directly tending to interrupt its
proceedings or to impair the respect due to its authority.
(2) Behavior as specified in paragraph (1) committed in the
presence of any referee, while actually engaged in any trial or
hearing, pursuant to the order of any court, or in the presence of
any jury while actually sitting for the trial of a cause, or upon any
inquest or other proceedings authorized by law.
(3) Any breach of the peace, noise, or other disturbance directly
tending to interrupt the proceedings of any court.
(4) Willful disobedience of the terms as written of any process or
court order or out-of-state court order, lawfully issued by any
court, including orders pending trial.
(5) Resistance willfully offered by any person to the lawful order
or process of any court.
(6) The contumacious and unlawful refusal of any person to be
sworn as a witness or, when so sworn, the like refusal to answer any
material question.
(7) The publication of a false or grossly inaccurate report of the
proceedings of any court.
(8) Presenting to any court having power to pass sentence upon any
prisoner under conviction, or to any member of the court, any
affidavit or testimony or representation of any kind, verbal or
written, in aggravation or mitigation of the punishment to be imposed
upon the prisoner, except as provided in this code.
(9) Willful disobedience of the terms of any injunction that
restrains the activities of a criminal street gang or any of its
members, lawfully issued by any court, including an order pending
trial.
(b) (1) Any person who is guilty of contempt of court under
paragraph (4) of subdivision (a) by willfully contacting a victim by
telephone or mail, or directly, and who has been previously convicted
of a violation of Section 646.9 shall be punished by imprisonment in
a county jail for not more than one year, by a fine of five thousand
dollars ($5,000), or by both that fine and imprisonment.
(2) For the purposes of sentencing under this subdivision, each
contact shall constitute a separate violation of this subdivision.
(3) The present incarceration of a person who makes contact with a
victim in violation of paragraph (1) is not a defense to a violation
of this subdivision.
(c) (1) Notwithstanding paragraph (4) of subdivision (a), any
willful and knowing violation of any protective order or stay-away
court order issued pursuant to Section 136.2, in a pending criminal
proceeding involving domestic violence, as defined in Section 13700,
or issued as a condition of probation after a conviction in a
criminal proceeding involving domestic violence, as defined in
Section 13700, or elder or dependent adult abuse, as defined in
Section 368, or that is an order described in paragraph (3), shall
constitute contempt of court, a misdemeanor, punishable by
imprisonment in a county jail for not more than one year, by a fine
of not more than one thousand dollars ($1,000), or by both that
imprisonment and fine.
(2) If a violation of paragraph (1) results in a physical injury,
the person shall be imprisoned in a county jail for at least 48
hours, whether a fine or imprisonment is imposed, or the sentence is
suspended.
(3) Paragraphs (1) and (2) apply to the following court orders:
(A) Any order issued pursuant to Section 6320 or 6389 of the
Family Code.
(B) An order excluding one party from the family dwelling or from
the dwelling of the other.
(C) An order enjoining a party from specified behavior that the
court determined was necessary to effectuate the orders described in
paragraph (1).
(4) A second or subsequent conviction for a violation of any order
described in paragraph (1) occurring within seven years of a prior
conviction for a violation of any of those orders and involving an
act of violence or "a credible threat" of violence, as provided in
subdivisions (c) and (d) of Section 139, is punishable by
imprisonment in a county jail not to exceed one year, or in the state
prison for 16 months or two or three years.
(5) The prosecuting agency of each county shall have the primary
responsibility for the enforcement of the orders described in
paragraph (1).
(d) (1) A person who owns, possesses, purchases, or receives a
firearm knowing he or she is prohibited from doing so by the
provisions of a protective order as defined in Section 136.2 of this
code, Section 6218 of the Family Code, or Section 527.6 or 527.8 of
the Code of Civil Procedure, shall be punished under the provisions
of subdivision (g) of Section 12021.
(2) A person subject to a protective order described in paragraph
(1) shall not be prosecuted under this section for owning,
possessing, purchasing, or receiving a firearm to the extent that
firearm is granted an exemption pursuant to subdivision (h) of
Section 6389 of the Family Code.
(e) (1) If probation is granted upon conviction of a violation of
subdivision (c), the court shall impose probation consistent with
Section 1203.097 of the Penal Code.
(2) If probation is granted upon conviction of a violation of
subdivision (c), the conditions of probation may include, in lieu of
a fine, one or both of the following requirements:
(A) That the defendant make payments to a battered women's
shelter, up to a maximum of one thousand dollars ($1,000).
(B) That the defendant provide restitution to reimburse the victim
for reasonable costs of counseling and other reasonable expenses
that the court finds are the direct result of the defendant's
offense.
(3) For any order to pay a fine, make payments to a battered women'
s shelter, or pay restitution as a condition of probation under this
subdivision or subdivision (c), the court shall make a determination
of the defendant's ability to pay. In no event shall any order to
make payments to a battered women's shelter be made if it would
impair the ability of the defendant to pay direct restitution to the
victim or court-ordered child support.
(4) If the injury to a married person is caused in whole or in
part by the criminal acts of his or her spouse in violation of
subdivision (c), the community property may not be used to discharge
the liability of the offending spouse for restitution to the injured
spouse required by Section 1203.04, as operative on or before August
2, 1995, or Section 1202.4, or to a shelter for costs with regard to
the injured spouse and dependents required by this subdivision, until
all separate property of the offending spouse is exhausted.
(5) Any person violating any order described in subdivision (c)
may be punished for any substantive offenses described under Section
136.1 or 646.9. No finding of contempt shall be a bar to prosecution
for a violation of Section 136.1 or 646.9. However, any person held
in contempt for a violation of subdivision (c) shall be entitled to
credit for any punishment imposed as a result of that violation
against any sentence imposed upon conviction of an offense described
in Section 136.1 or 646.9. Any conviction or acquittal for any
substantive offense under Section 136.1 or 646.9 shall be a bar to a
subsequent punishment for contempt arising out of the same act.
166.5. (a) After arrest and before plea or trial or after
conviction or plea of guilty and before sentence under paragraph (4)
of subdivision (a) of Section 166, for willful disobedience of any
order for child, spousal, or family support issued pursuant to
Division 9 (commencing with Section 3500) of the Family Code or
Section 11475.1 of the Welfare and Institutions Code, the court may
suspend proceedings or sentence therein if:
(1) The defendant appears before the court and affirms his or her
obligation to pay to the person having custody of the child, or the
spouse, that sum per month as shall have been previously fixed by the
court in order to provide for the minor child or the spouse.
(2) The defendant provides a bond or other undertaking with
sufficient sureties to the people of the State of California in a sum
as the court may fix to secure the defendant's performance of his or
her support obligations and that bond or undertaking is valid and
binding for two years, or any lesser time that the court shall fix.
(b) Upon the failure of the defendant to comply with the
conditions imposed by the court in subdivision (a), the defendant may
be ordered to appear before the court and show cause why further
proceedings should not be had in the action or why sentence should
not be imposed, whereupon the court may proceed with the action, or
pass sentence, or for good cause shown may modify the order and take
a new bond or undertaking and further suspend proceedings or sentence
for a like period.
166.5. (a) After arrest and before plea or trial or after
conviction or plea of guilty and before sentence under paragraph (4)
of subdivision (a) of Section 166, for willful disobedience of any
order for child, spousal, or family support issued pursuant to
Division 9 (commencing with Section 3500) of the Family Code or
Section 17400 of the Family Code, the court may suspend proceedings
or sentence therein if:
(1) The defendant appears before the court and affirms his or her
obligation to pay to the person having custody of the child, or the
spouse, that sum per month as shall have been previously fixed by the
court in order to provide for the minor child or the spouse.
(2) The defendant provides a bond or other undertaking with
sufficient sureties to the people of the State of California in a sum
as the court may fix to secure the defendant's performance of his or
her support obligations and that bond or undertaking is valid and
binding for two years, or any lesser time that the court shall fix.
(b) Upon the failure of the defendant to comply with the
conditions imposed by the court in subdivision (a), the defendant may
be ordered to appear before the court and show cause why further
proceedings should not be had in the action or why sentence should
not be imposed, whereupon the court may proceed with the action, or
pass sentence, or for good cause shown may modify the order and take
a new bond or undertaking and further suspend proceedings or sentence
for a like period.
167. Every person who, by any means whatsoever, willfully and
knowingly, and without knowledge and consent of the jury, records, or
attempts to record, all or part of the proceedings of any trial jury
while it is deliberating or voting, or listens to or observes, or
attempts to listen to or observe, the proceedings of any trial jury
of which he is not a member while such jury is deliberating or voting
is guilty of a misdemeanor.
This section is not intended to prohibit the taking of notes by a
trial juror in connection with and solely for the purpose of
assisting him in the performance of his duties as such juror.
168. (a) Every district attorney, clerk, judge, or peace officer
who, except by issuing or in executing a search warrant or warrant of
arrest for a felony, willfully discloses the fact of the warrant
prior to execution for the purpose of preventing the search or
seizure of property or the arrest of any person shall be punished by
imprisonment in the state prison or in a county jail for not
exceeding one year.
(b) This section shall not prohibit the following:
(1) A disclosure made by a district attorney or the Attorney
General for the sole purpose of securing voluntary compliance with
the warrant.
(2) Upon the return of an indictment and the issuance of an arrest
warrant, a disclosure of the existence of the indictment and arrest
warrant by a district attorney or the Attorney General to assist in
the apprehension of a defendant.
(3) The disclosure of an arrest warrant pursuant to paragraph (1)
of subdivision (a) of Section 14201.6.
169. Any person who pickets or parades in or near a building which
houses a court of this state with the intent to interfere with,
obstruct, or impede the administration of justice or with the intent
to influence any judge, juror, witness, or officer of the court in
the discharge of his duty is guilty of a misdemeanor.
170. Every person who maliciously and without probable cause
procures a search warrant or warrant of arrest to be issued and
executed, is guilty of a misdemeanor.
171. Every person, not authorized by law, who, without the
permission of the officer in charge of any reformatory in this State,
communicates with any person detained therein, or brings therein or
takes therefrom any letter, writing, literature, or reading matter to
or from any person confined therein, is guilty of a misdemeanor.
171b. (a) Any person who brings or possesses within any state or
local public building or at any meeting required to be open to the
public pursuant to Chapter 9 (commencing with Section 54950) of Part
1 of Division 2 of Title 5 of, or Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of, the
Government Code, any of the following is guilty of a public offense
punishable by imprisonment in a county jail for not more than one
year, or in the state prison:
(1) Any firearm.
(2) Any deadly weapon described in Section 653k or 12020.
(3) Any knife with a blade length in excess of four inches, the
blade of which is fixed or is capable of being fixed in an unguarded
position by the use of one or two hands.
(4) Any unauthorized tear gas weapon.
(5) Any taser or stun gun, as defined in Section 244.5.
(6) Any instrument that expels a metallic projectile, such as a BB
or pellet, through the force of air pressure, CO2 pressure, or
spring action, or any spot marker gun or paint gun.
(b) Subdivision (a) shall not apply to, or affect, any of the
following:
(1) A person who possesses weapons in, or transports weapons into,
a court of law to be used as evidence.
(2) (A) A duly appointed peace officer as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2, a retired peace
officer with authorization to carry concealed weapons as described in
subdivision (a) of Section 12027, a full-time paid peace officer of
another state or the federal government who is carrying out official
duties while in California, or any person summoned by any of these
officers to assist in making arrests or preserving the peace while he
or she is actually engaged in assisting the officer.
(B) Notwithstanding subparagraph (A), subdivision (a) shall apply
to any person who brings or possesses any weapon specified therein
within any courtroom if he or she is a party to an action pending
before the court.
(3) A person holding a valid license to carry the firearm pursuant
to Article 3 (commencing with Section 12050) of Chapter 1 of Title 2
of Part 4.
(4) A person who has permission to possess that weapon granted in
writing by a duly authorized official who is in charge of the
security of the state or local government building.
(5) A person who lawfully resides in, lawfully owns, or is in
lawful possession of, that building with respect to those portions of
the building that are not owned or leased by the state or local
government.
(6) A person licensed or registered in accordance with, and acting
within the course and scope of, Chapter 11.5 (commencing with
Section 7512) or Chapter 11.6 (commencing with Section 7590) of
Division 3 of the Business and Professions Code who has been hired by
the owner or manager of the building if the person has permission
pursuant to paragraph (5).
(7) (A) A person who, for the purpose of sale or trade, brings any
weapon that may otherwise be lawfully transferred, into a gun show
conducted pursuant to Sections 12071.1 and 12071.4.
(B) A person who, for purposes of an authorized public exhibition,
brings any weapon that may otherwise be lawfully possessed, into a
gun show conducted pursuant to Sections 12071.1 and 12071.4.
(c) As used in this section, "state or local public building"
means a building that meets all of the following criteria:
(1) It is a building or part of a building owned or leased by the
state or local government, if state or local public employees are
regularly present for the purposes of performing their official
duties. A state or local public building includes, but is not limited
to, a building that contains a courtroom.
(2) It is not a building or facility, or a part thereof, that is
referred to in Section 171c, 171d, 626.9, 626.95, or 626.10 of this
code, or in Section 18544 of the Elections Code.
(3) It is a building not regularly used, and not intended to be
used, by state or local employees as a place of residence.
171b. (a) Any person who brings or possesses within any state or
local public building or at any meeting required to be open to the
public pursuant to Chapter 9 (commencing with Section 54950) of Part
1 of Division 2 of Title 5 of, or Article 9 (commencing with Section
11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of, the
Government Code, any of the following is guilty of a public offense
punishable by imprisonment in a county jail for not more than one
year, or in the state prison:
(1) Any firearm.
(2) Any deadly weapon described in Section 17235 or in any
provision listed in Section 16590.
(3) Any knife with a blade length in excess of four inches, the
blade of which is fixed or is capable of being fixed in an unguarded
position by the use of one or two hands.
(4) Any unauthorized tear gas weapon.
(5) Any taser or stun gun, as defined in Section 244.5.
(6) Any instrument that expels a metallic projectile, such as a BB
or pellet, through the force of air pressure, CO2 pressure, or
spring action, or any spot marker gun or paint gun.
(b) Subdivision (a) shall not apply to, or affect, any of the
following:
(1) A person who possesses weapons in, or transports weapons into,
a court of law to be used as evidence.
(2) (A) A duly appointed peace officer as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2, a retired peace
officer with authorization to carry concealed weapons as described in
Article 2 (commencing with Section 25450) of Chapter 2 of Division 5
of Title 4 of Part 6, a full-time paid peace officer of another
state or the federal government who is carrying out official duties
while in California, or any person summoned by any of these officers
to assist in making arrests or preserving the peace while he or she
is actually engaged in assisting the officer.
(B) Notwithstanding subparagraph (A), subdivision (a) shall apply
to any person who brings or possesses any weapon specified therein
within any courtroom if he or she is a party to an action pending
before the court.
(3) A person holding a valid license to carry the firearm pursuant
to Chapter 4 (commencing with Section 26150) of Division 5 of Title
4 of Part 6.
(4) A person who has permission to possess that weapon granted in
writing by a duly authorized official who is in charge of the
security of the state or local government building.
(5) A person who lawfully resides in, lawfully owns, or is in
lawful possession of, that building with respect to those portions of
the building that are not owned or leased by the state or local
government.
(6) A person licensed or registered in accordance with, and acting
within the course and scope of, Chapter 11.5 (commencing with
Section 7512) or Chapter 11.6 (commencing with Section 7590) of
Division 3 of the Business and Professions Code who has been hired by
the owner or manager of the building if the person has permission
pursuant to paragraph (5).
(7) (A) A person who, for the purpose of sale or trade, brings any
weapon that may otherwise be lawfully transferred, into a gun show
conducted pursuant to Article 1 (commencing with Section 27200) and
Article 2 (commencing with Section 27300) of Chapter 3 of Division 6
of Title 4 of Part 6.
(B) A person who, for purposes of an authorized public exhibition,
brings any weapon that may otherwise be lawfully possessed, into a
gun show conducted pursuant to Article 1 (commencing with Section
27200) and Article 2 (commencing with Section 27300) of Chapter 3 of
Division 6 of Title 4 of Part 6.
(c) As used in this section, "state or local public building"
means a building that meets all of the following criteria:
(1) It is a building or part of a building owned or leased by the
state or local government, if state or local public employees are
regularly present for the purposes of performing their official
duties. A state or local public building includes, but is not limited
to, a building that contains a courtroom.
(2) It is not a building or facility, or a part thereof, that is
referred to in Section 171c, 171d, 626.9, 626.95, or 626.10 of this
code, or in Section 18544 of the Elections Code.
(3) It is a building not regularly used, and not intended to be
used, by state or local employees as a place of residence.
171c. (a) (1) Any person who brings a loaded firearm into, or
possesses a loaded firearm within, the State Capitol, any legislative
office, any office of the Governor or other constitutional officer,
or any hearing room in which any committee of the Senate or Assembly
is conducting a hearing, or upon the grounds of the State Capitol,
which is bounded by 10th, L, 15th, and N Streets in the City of
Sacramento, shall be punished by imprisonment in a county jail for a
period of not more than one year, a fine of not more than one
thousand dollars ($1,000), or both such imprisonment and fine, or by
imprisonment in the state prison.
(2) Any person who brings or possesses, within the State Capitol,
any legislative office, any hearing room in which any committee of
the Senate or Assembly is conducting a hearing, the Legislative
Office Building at 1020 N Street in the City of Sacramento, or upon
the grounds of the State Capitol, which is bounded by 10th, L, 15th,
and N Streets in the City of Sacramento, any of the following, is
guilty of a misdemeanor punishable by imprisonment in a county jail
for a period not to exceed one year, or by a fine not exceeding one
thousand dollars ($1,000), or by both that fine and imprisonment, if
the area is posted with a statement providing reasonable notice that
prosecution may result from possession of any of these items:
(A) Any firearm.
(B) Any deadly weapon described in Section 653k or 12020.
(C) Any knife with a blade length in excess of four inches, the
blade of which is fixed or is capable of being fixed in an unguarded
position by the use of one or two hands.
(D) Any unauthorized tear gas weapon.
(E) Any stun gun, as defined in Section 244.5.
(F) Any instrument that expels a metallic projectile, such as a BB
or pellet, through the force of air pressure, CO2 pressure, or
spring action, or any spot marker gun or paint gun.
(G) Any ammunition as defined in Section 12316.
(H) Any explosive as defined in Section 12000 of the Health and
Safety Code.
(b) Subdivision (a) shall not apply to, or affect, any of the
following:
(1) A duly appointed peace officer as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2, a retired peace
officer with authorization to carry concealed weapons as described in
subdivision (a) of Section 12027, a full-time paid peace officer of
another state or the federal government who is carrying out official
duties while in California, or any person summoned by any of these
officers to assist in making arrests or preserving the peace while he
or she is actually engaged in assisting the officer.
(2) A person holding a valid license to carry the firearm pursuant
to Article 3 (commencing with Section 12050) of Chapter 1 of Title 2
of Part 4, and who has permission granted by the Chief Sergeants at
Arms of the State Assembly and the State Senate to possess a
concealed weapon upon the premises described in subdivision (a).
(3) A person who has permission granted by the Chief Sergeants at
Arms of the State Assembly and the State Senate to possess a weapon
upon the premises described in subdivision (a).
(c) (1) Nothing in this section shall preclude prosecution under
Sections 12021 and 12021.1, Section 8100 or 8103 of the Welfare and
Institutions Code, or any other law with a penalty greater than is
set forth in this section.
(2) The provisions of this section are cumulative, and shall not
be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by different
provisions of law shall not be punished under more than one
provision.
171d. Any person, except a duly appointed peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a
full-time paid peace officer of another state or the federal
government who is carrying out official duties while in California,
any person summoned by that officer to assist in making arrests or
preserving the peace while he or she is actually engaged in assisting
the officer, a member of the military forces of this state or of the
United States engaged in the performance of his or her duties, a
person holding a valid license to carry the firearm pursuant to
Article 3 (commencing with Section 12050) of Chapter 1 of Title 2 of
Part 4, the Governor or a member of his or her immediate family or a
person acting with his or her permission with respect to the Governor'
s Mansion or any other residence of the Governor, any other
constitutional officer or a member of his or her immediate family or
a person acting with his or her permission with respect to the
officer's residence, or a Member of the Legislature or a member of
his or her immediate family or a person acting with his or her
permission with respect to the Member's residence, shall be punished
by imprisonment in a county jail for not more than one year, by fine
of not more than one thousand dollars ($1,000), or by both the fine
and imprisonment, or by imprisonment in the state prison, if he or
she does any of the following:
(a) Brings a loaded firearm into, or possesses a loaded firearm
within, the Governor's Mansion, or any other residence of the
Governor, the residence of any other constitutional officer, or the
residence of any Member of the Legislature.
(b) Brings a loaded firearm upon, or possesses a loaded firearm
upon, the grounds of the Governor's Mansion or any other residence of
the Governor, the residence of any other constitutional officer, or
the residence of any Member of the Legislature.
171d. Any person, except a duly appointed peace officer as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, a
full-time paid peace officer of another state or the federal
government who is carrying out official duties while in California,
any person summoned by that officer to assist in making arrests or
preserving the peace while he or she is actually engaged in assisting
the officer, a member of the military forces of this state or of the
United States engaged in the performance of his or her duties, a
person holding a valid license to carry the firearm pursuant to
Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of
Part 6, the Governor or a member of his or her immediate family or a
person acting with his or her permission with respect to the
Governor