TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS [261. - 368.7.]
Heading of Title 9 amended by Stats. 1982, Ch. 1111, Sec. 2.
§§ 261–368.7 · 307 sections
CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction §§ 261–269 · 25 sections
- § 261 (a) Rape is an act of sexual intercourse accomplished under any of the following circumstances: (1) (A) If a person is at the time incapable, because of a…
- § 261.5 (a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator, if the person is a minor.…
- § 261.6 (a) In prosecutions under Section 261, 286, 287, or 289, or former Section 262 or 288a, in which consent is at issue, “consent” means positive cooperation in…
- § 261.7 In prosecutions under Section 261, 286, 287, or 289, or former Section 262 or 288a, in which consent is at issue, evidence that the victim suggested,…
- § 261.9 (a) Any person convicted of seeking to procure or procuring the sexual services of a prostitute in violation of subdivision (b) of Section 647, if the…
- § 263 The essential guilt of rape consists in the outrage to the person and feelings of the victim of the rape. Any sexual penetration, however slight, is sufficient…
- § 263.1 (a) The Legislature finds and declares that all forms of nonconsensual sexual assault may be considered rape for purposes of the gravity of the offense and the…
- § 264 (a) Except as provided in subdivision (c), rape, as defined in Section 261 or former Section 262, is punishable by imprisonment in the state prison for three,…
- § 264.1 (a) The provisions of Section 264 notwithstanding, when the defendant, voluntarily acting in concert with another person, by force or violence and against the…
- § 264.2 (a) When there is an alleged violation or violations of subdivision (e) of Section 243, or Section 261, 261.5, 273.5, 286, 287, or 289, the law enforcement…
- § 265 (a) A person who compels another person, unlawfully, against their will, and by force, menace, or duress, to marry them or to marry another person shall be…
- § 266 A person who inveigles or entices a person under 18 years of age into a house of ill fame, or of assignation, or elsewhere, for the purpose of prostitution, or…
- § 266a Each person who, within this state, takes any person against his or her will and without his or her consent, or with his or her consent procured by fraudulent…
- § 266b Every person who takes any other person unlawfully, and against his or her will, and by force, menace, or duress, compels him or her to live with such person…
- § 266c Every person who induces any other person to engage in sexual intercourse, sexual penetration, oral copulation, or sodomy when his or her consent is procured…
- § 266d Any person who receives any money or other valuable thing for or on account of placing in custody any other person for the purpose of causing the other person…
- § 266e Every person who purchases, or pays any money or other valuable thing for, any person for the purpose of prostitution as defined in subdivision (b) of Section…
- § 266f Every person who sells any person or receives any money or other valuable thing for or on account of his or her placing in custody, for immoral purposes, any…
- § 266g Every man who, by force, intimidation, threats, persuasion, promises, or any other means, places or leaves, or procures any other person or persons to place or…
- § 266h (a) Except as provided in subdivision (b), any person who, knowing another person is a prostitute, lives or derives support or maintenance in whole or in part…
- § 266i (a) Except as provided in subdivision (b), any person who does any of the following is guilty of pandering, a felony, and shall be punishable by imprisonment…
- § 266j Any person who intentionally gives, transports, provides, or makes available, or who offers to give, transport, provide, or make available to another person, a…
- § 266k (a) Upon the conviction of any person for a violation of Section 266h or 266i, the court may, in addition to any other penalty or fine imposed, order the…
- § 267 Every person who takes away any other person under the age of 18 years from the father, mother, guardian, or other person having the legal charge of the other…
- § 269 (a) Any person who commits any of the following acts upon a child who is under 14 years of age and seven or more years younger than the person is guilty of…
CHAPTER 2. Abandonment and Neglect of Children §§ 270–273.76 · 35 sections
- § 270 If a parent of a minor child willfully omits, without lawful excuse, to furnish necessary clothing, food, shelter or medical attendance, or other remedial care…
- § 270.5 (a) Every parent who refuses, without lawful excuse, to accept his or her minor child into the parent’s home, or, failing to do so, to provide alternative…
- § 270.6 If a court of competent jurisdiction has made a temporary or permanent order awarding spousal support that a person must pay, the person has notice of that…
- § 270a Every individual who has sufficient ability to provide for his or her spouse’s support, or who is able to earn the means of such spouse’s support, who…
- § 270b After arrest and before plea or trial, or after conviction or plea of guilty and before sentence under either Section 270 or 270a, if the defendant shall…
- § 270c Except as provided in Chapter 2 (commencing with Section 4410) of Part 4 of Division 9 of the Family Code, every adult child who, having the ability so to do,…
- § 270d In any case where there is a conviction and sentence under the provisions of either Section 270 or Section 270a, should a fine be imposed, such fine shall be…
- § 270e No other evidence shall be required to prove marriage or registered domestic partnership of spouses, or that a person is the lawful father or mother of a child…
- § 270f Where, under the provisions of this chapter, a report is filed by a parent of a child with the district attorney averring: (1) That the other parent has failed…
- § 270g A review of each report filed with the district attorney under Section 270f shall be made at 90-day intervals unless the support payments have been legally…
- § 270h In any case where there is a conviction under either Section 270 or 270a and there is an order granting probation which includes an order for support, the…
- § 271 Every parent of any child under the age of 14 years, and every person to whom any such child has been confided for nurture, or education, who deserts such…
- § 271a Every person who knowingly and willfully abandons, or who, having ability so to do, fails or refuses to maintain his or her minor child under the age of 14…
- § 271.5 (a) No parent or other individual having lawful custody of a minor child 72 hours old or younger may be prosecuted for a violation of Section 270, 270.5, 271,…
- § 272 (a) (1) Every person who commits any act or omits the performance of any duty, which act or omission causes or tends to cause or encourage any person under the…
- § 273 (a) It is a misdemeanor for any person or agency to pay, offer to pay, or to receive money or anything of value for the placement for adoption or for the…
- § 273a (a) Any person who, under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or…
- § 273ab (a) Any person, having the care or custody of a child who is under eight years of age, who assaults the child by means of force that to a reasonable person…
- § 273b No child under the age of 16 years shall be placed in any courtroom, or in any vehicle for transportation to any place, in company with adults charged with or…
- § 273c All fines, penalties, and forfeitures imposed and collected under the provisions of Sections 270, 271, 271a, 273a, and 273b, or under the provisions of any law…
- § 273d (a) Any person who willfully inflicts upon a child any cruel or inhuman corporal punishment or an injury resulting in a traumatic condition is guilty of a…
- § 273e Every telephone, special delivery company or association, and every other corporation or person engaged in the delivery of packages, letters, notes, messages,…
- § 273f Any person, whether as parent, guardian, employer, or otherwise, and any firm or corporation, who as employer or otherwise, shall send, direct, or cause to be…
- § 273g Any person who in the presence of any child indulges in any degrading, lewd, immoral or vicious habits or practices, or who is habitually drunk in the presence…
- § 273h In all prosecutions under the provisions of either section 270, section 270a, section 270b, section 271 or section 271a, of this code, where a conviction is…
- § 273i (a) Any person who publishes information describing or depicting a child, the physical appearance of a child, the location of a child, or locations where…
- § 273j (a) (1) Any parent or guardian having the care, custody, or control of a child under 14 years of age who knows or should have known that the child has died…
- § 273.1 (a) Any treatment program to which a child abuser convicted of a violation of Section 273a or 273d is referred as a condition of probation shall meet the…
- § 273.4 (a) If the act constituting a felony violation of subdivision (a) of Section 273a was female genital mutilation, as defined in subdivision (b), the defendant…
- § 273.5 (a) A person who willfully inflicts corporal injury resulting in a traumatic condition upon a victim described in subdivision (b) is guilty of a felony, and…
- § 273.6 (a) Any intentional and knowing violation of a protective order, as defined in Section 6218 of the Family Code, or of an order issued pursuant to Section…
- § 273.65 (a) Any intentional and knowing violation of a protective order issued pursuant to Section 213.5, 304, or 362.4 of the Welfare and Institutions Code is a…
- § 273.7 (a) A person who maliciously publishes, disseminates, or otherwise discloses the location of a trafficking shelter or domestic violence shelter or a place…
- § 273.75 (a) On any charge involving acts of domestic violence as defined in subdivisions (a) and (b) of Section 13700 of the Penal Code or Sections 6203 and 6211 of…
- § 273.76 (a) The arresting officer for an offense involving an act of domestic violence as defined in subdivisions (a) and (b) of Section 13700, or in Sections 6203 and…
CHAPTER 2.5. Spousal Abusers §§ 273.8–273.88 · 9 sections
- § 273.8 The Legislature hereby finds that spousal abusers present a clear and present danger to the mental and physical well-being of the citizens of the State of…
- § 273.81 (a) There is hereby established in the Department of Justice a program of financial and technical assistance for district attorneys’ or city attorneys’…
- § 273.82 Spousal abuser prosecution units receiving funds under this chapter shall concentrate enhanced prosecution efforts and resources upon individuals identified…
- § 273.83 (a) An individual shall be the subject of a spousal abuser prosecution effort who is under arrest for any act or omission described in subdivisions (a) and (b)…
- § 273.84 Each district attorney’s or city attorney’s office establishing a spousal abuser prosecution unit and receiving state support under this chapter shall adopt…
- § 273.85 (a) The selection criteria set forth in Section 273.84 shall be adhered to for each spousal abuser case unless, in the reasonable exercise of prosecutor’s…
- § 273.86 The characterization of a defendant as a “spousal abuser” as defined by this chapter shall not be communicated to the trier of fact.
- § 273.87 The Department of Justice is encouraged to utilize Federal Victims of Crimes Act (VOCA) funds or any other federal funds that may become available in order to…
- § 273.88 Administrative costs incurred by the Department of Justice pursuant to the Spousal Abuser Prosecution Program shall not exceed 5 percent of the total funds…
CHAPTER 4. Child Abduction §§ 277–280 · 10 sections
- § 277 The following definitions apply for the purposes of this chapter: (a) “Child” means a person under the age of 18 years. (b) “Court order” or “custody order”…
- § 278 Every person, not having a right to custody, who maliciously takes, entices away, keeps, withholds, or conceals any child with the intent to detain or conceal…
- § 278.5 (a) Every person who takes, entices away, keeps, withholds, or conceals a child and maliciously deprives a lawful custodian of a right to custody, or a person…
- § 278.6 (a) At the sentencing hearing following a conviction for a violation of Section 278 or 278.5, or both, the court shall consider any relevant factors and…
- § 278.7 (a) Section 278.5 does not apply to a person with a right to custody of a child who, with a good faith and reasonable belief that the child, if left with the…
- § 279 A violation of Section 278 or 278.5 by a person who was not a resident of, or present in, this state at the time of the alleged offense is punishable in this…
- § 279.1 The offenses enumerated in Sections 278 and 278.5 are continuous in nature, and continue for as long as the minor child is concealed or detained.
- § 279.5 When a person is arrested for an alleged violation of Section 278 or 278.5, the court, in setting bail, shall take into consideration whether the child has…
- § 279.6 (a) A law enforcement officer may take a child into protective custody under any of the following circumstances: (1) It reasonably appears to the officer that…
- § 280 Every person who willfully causes or permits the removal or concealment of any child in violation of Section 8713, 8803, or 8910 of the Family Code shall be…
CHAPTER 5. Bigamy, Incest, and the Crime Against Nature §§ 281–289.6 · 18 sections
- § 281 (a) Every person having a spouse living, who marries or enters into a registered domestic partnership with any other person, except in the cases specified in…
- § 282 Section 281 does not extend to any of the following: (a) To any person by reason of any former marriage or former registered domestic partnership whose spouse…
- § 283 Bigamy is punishable by a fine not exceeding ten thousand dollars ($10,000) or by imprisonment in a county jail not exceeding one year or in the state prison.
- § 284 Every person who knowingly and willfully marries or enters into a registered domestic partnership with the spouse of another, in any case in which such spouse…
- § 285 Persons being within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who intermarry with each other, or who…
- § 286 (a) Sodomy is sexual conduct consisting of contact between the penis of one person and the anus of another person. Any sexual penetration, however slight, is…
- § 286.5 (a) Every person who has sexual contact with an animal is guilty of a misdemeanor. (b) This section does not apply to any lawful and accepted practice related…
- § 287 (a) Oral copulation is the act of copulating the mouth of one person with the sexual organ or anus of another person. (b) (1) Except as provided in Section…
- § 288 (a) Except as provided in subdivision (i), a person who willfully and lewdly commits any lewd or lascivious act, including any of the acts constituting other…
- § 288.1 Any person convicted of committing any lewd or lascivious act including any of the acts constituting other crimes provided for in Part 1 of this code upon or…
- § 288.2 (a) (1) Every person who knows, should have known, or believes that another person is a minor, and who knowingly distributes, sends, causes to be sent,…
- § 288.3 (a) Every person who contacts or communicates with a minor, or attempts to contact or communicate with a minor, who knows or reasonably should know that the…
- § 288.4 (a) (1) Every person who, motivated by an unnatural or abnormal sexual interest in children, arranges a meeting with a minor or a person he or she believes to…
- § 288.5 (a) Any person who either resides in the same home with the minor child or has recurring access to the child, who over a period of time, not less than three…
- § 288.7 (a) Any person 18 years of age or older who engages in sexual intercourse or sodomy with a child who is 10 years of age or younger is guilty of a felony and…
- § 289 (a) (1) (A) Any person who commits an act of sexual penetration when the act is accomplished against the victim’s will by means of force, violence, duress,…
- § 289.5 (a) Every person who flees to this state with the intent to avoid prosecution for an offense which, if committed or attempted in this state, would have been…
- § 289.6 (a) (1) An employee or officer of a public entity health facility, or an employee, officer, or agent of a private person or entity that provides a health…
CHAPTER 5.5. Sex Offenders §§ 290–294 · 53 sections
- § 290 (a) Sections 290 to 290.024, inclusive, shall be known, and may be cited, as the Sex Offender Registration Act. All references to “the Act” in those sections…
- § 290.001 Every person who has ever been adjudicated a sexually violent predator, as defined in Section 6600 of the Welfare and Institutions Code, shall register in…
- § 290.002 Persons required to register in their state of residence who are out-of-state residents employed, or carrying on a vocation in California on a full-time or…
- § 290.003 Any person who, since July 1, 1944, has been or hereafter is released, discharged, or paroled from a penal institution where he or she was confined because of…
- § 290.004 Any person who, since July 1, 1944, has been or hereafter is determined to be a mentally disordered sex offender under Article 1 (commencing with Section 6300)…
- § 290.005 The following persons shall register in accordance with the Act: (a) Except as provided in subdivision (c) or (d), any person who, since July 1, 1944, has…
- § 290.006 (a) Any person ordered by any court to register pursuant to the act, who is not required to register pursuant to Section 290, shall so register, if the court…
- § 290.007 A person required to register pursuant to any provision of the Act shall register in accordance with the Act, regardless of whether the person’s conviction has…
- § 290.008 (a) Any person who, on or after January 1, 1986, is discharged or paroled from the Department of Corrections and Rehabilitation to the custody of which they…
- § 290.009 Any person required to register under the Act who is enrolled as a student or is an employee or carries on a vocation, with or without compensation, at an…
- § 290.010 If the person who is registering has more than one residence address at which he or she regularly resides, he or she shall register in accordance with the Act…
- § 290.011 Every person who is required to register pursuant to the act who is living as a transient shall be required to register for the rest of his or her life as…
- § 290.012 (a) Beginning on his or her first birthday following registration or change of address, the person shall be required to register annually, within five working…
- § 290.013 (a) A person who was last registered at a residence address pursuant to the Act who changes his or her residence address, whether within the jurisdiction in…
- § 290.014 (a) If any person who is required to register pursuant to the Act changes his or her name, the person shall inform, in person, the law enforcement agency or…
- § 290.015 (a) A person who is subject to the Act shall register, or reregister if he or she has previously registered, upon release from incarceration, placement,…
- § 290.016 (a) On or after January 1, 1998, upon incarceration, placement, or commitment, or prior to release on probation, any person who is required to register under…
- § 290.017 (a) Any person who is released, discharged, or paroled from a jail, state or federal prison, school, road camp, or other institution where he or she was…
- § 290.018 (a) A person who is required to register under the Act based on a misdemeanor conviction or juvenile adjudication who willfully violates any requirement of the…
- § 290.019 (a) Notwithstanding any other section in the Act, a person who was convicted before January 1, 1976, under subdivision (a) of Section 286, or former Section…
- § 290.020 In any case in which a person who would be required to register pursuant to the Act for a felony conviction is to be temporarily sent outside the institution…
- § 290.021 Except as otherwise provided by law, the statements, photographs, and fingerprints required by the Act shall not be open to inspection by the public or by any…
- § 290.022 On or before July 1, 2010, the Department of Justice shall renovate the VCIN to do the following: (1) Correct all software deficiencies affecting data…
- § 290.023 The registration provisions of the Act are applicable to every person described in the Act, without regard to when his or her crime or crimes were committed or…
- § 290.024 For purposes of this chapter: (a) A person who is convicted of a felony on or after January 1, 2017, requiring registration pursuant to the Act, shall register…
- § 290.01 (a) (1) Commencing October 28, 2002, every person required to register pursuant to Sections 290 to 290.009, inclusive, of the Sex Offender Registration Act who…
- § 290.02 (a) Notwithstanding any other law, the Department of Justice shall identify the names of persons required to register pursuant to Section 290 from a list of…
- § 290.03 (a) The Legislature finds and declares that a comprehensive system of risk assessment, supervision, monitoring and containment for registered sex offenders…
- § 290.04 (a) (1) The sex offender risk assessment tools authorized by this section for use with selected populations shall be known, with respect to each population, as…
- § 290.05 (a) The SARATSO Training Committee shall be comprised of a representative of the State Department of State Hospitals, a representative of the Department of…
- § 290.06 The static SARATSO, as set forth in Section 290.04, shall be administered as follows: (a) (1) The Department of Corrections and Rehabilitation shall assess…
- § 290.07 Notwithstanding any other provision of law, a person authorized by statute to administer the State Authorized Risk Assessment Tool for Sex Offenders (SARATSO)…
- § 290.08 Every district attorney’s office and the Department of Justice shall retain records relating to a person convicted of an offense for which registration is…
- § 290.09 On or before July 2012, the SARATSO dynamic tool and the SARATSO future violence tool, as set forth in Section 290.04, shall be administered as follows: (a)…
- § 290.3 (a) Every person who is convicted of any offense specified in subdivision (c) of Section 290 shall, in addition to any imprisonment or fine, or both, imposed…
- § 290.4 (a) The department shall operate a service through which members of the public may provide a list of at least six persons on a form approved by the Department…
- § 290.45 (a) (1) Notwithstanding any other law, and except as provided in paragraph (2), any designated law enforcement entity may provide information to the public…
- § 290.46 (a) (1) On or before the dates specified in this section, the Department of Justice shall make available information concerning persons who are required to…
- § 290.47 The Department of Justice shall record the address at which a registered sex offender resides with a unique identifier for the address. The information for…
- § 290.5 (a) (1) A person who is required to register pursuant to Section 290 and who is a tier one or tier two offender may file a petition in the superior court in…
- § 290.6 (a) Fifteen days before the scheduled release date of a person described in subdivision (b), the Department of Corrections and Rehabilitation shall provide to…
- § 290.7 The Department of Corrections shall provide samples of blood and saliva taken from a prison inmate pursuant to the DNA and Forensic Identification Data Base…
- § 290.8 Effective January 1, 1999, any local law enforcement agency that does not register sex offenders during regular daytime business hours on a daily basis,…
- § 290.85 (a) Every person released on probation or parole who is required to register as a sex offender, pursuant to Section 290, shall provide proof of registration to…
- § 290.9 Notwithstanding any other provision of law, any state or local governmental agency shall, upon written request, provide to the Department of Justice the…
- § 290.95 (a) Every person required to register under Section 290, who applies for or accepts a position as an employee or volunteer with any person, group, or…
- § 291 Every sheriff, chief of police, or the Commissioner of the California Highway Patrol, upon the arrest for any of the offenses enumerated in Section 290,…
- § 291.1 Every sheriff or chief of police, or Commissioner of the California Highway Patrol, upon the arrest for any of the offenses enumerated in Section 290 or…
- § 291.5 Every sheriff or chief of police, upon the arrest for any of the offenses enumerated in Section 290 or in subdivision (1) of Section 261 of any teacher or…
- § 292 It is the intention of the Legislature in enacting this section to clarify that for the purposes of subdivisions (b) and (c) of Section 12 of Article I of the…
- § 293 (a) An employee of a law enforcement agency who personally receives a report from a person, alleging that the person making the report has been the victim of a…
- § 293.5 (a) Except as provided in Chapter 10 (commencing with Section 1054) of Part 2 of Title 7, or for cases in which the alleged victim of a sex offense, as…
- § 294 (a) Upon conviction of any person for a violation of Section 273a, 273d, 288.5, 311.2, 311.3, or 647.6, the court may, in addition to any other penalty or…
CHAPTER 6. DNA and Forensic Identification Data Base and Data Bank Act of 1998 §§ 295–300.4 · 20 sections
ARTICLE 1. Purpose and Administration §§ 295–295.2 · 3 sections
- § 295 (a) This chapter shall be known and may be cited as the DNA and Forensic Identification Database and Data Bank Act of 1998, as amended. (b) The people of the…
- § 295.1 (a) The Department of Justice shall perform DNA analysis and other forensic identification analysis pursuant to this chapter only for identification purposes.…
- § 295.2 The DNA and forensic identification database and databank and the Department of Justice DNA Laboratory shall not be used as a source of genetic material for…
ARTICLE 2. Offenders Subject to Sample Collection §§ 296–296.2 · 3 sections
- § 296 (a) The following persons shall provide buccal swab samples, right thumbprints, and a full palm print impression of each hand, and any blood specimens or other…
- § 296.1 (a) The specimens, samples, and print impressions required by this chapter shall be collected from persons described in subdivision (a) of Section 296 for…
- § 296.2 (a) Whenever the DNA Laboratory of the Department of Justice notifies the Department of Corrections and Rehabilitation or any law enforcement agency that a…
ARTICLE 3. Data Base Applications § 297 · 1 section
- § 297 (a) Subject to the limitations in paragraph (3) of this subdivision, only the following laboratories are authorized to analyze crime scene samples and other…
ARTICLE 4. Collection and Forwarding of Samples §§ 298–298.3 · 4 sections
- § 298 (a) The Secretary of the Department of Corrections and Rehabilitation, or the Chief Administrative Officer of the detention facility, jail, or other facility… see note
- § 298.1 (a) On and after January 1, 1999, any person who refuses to give any or all of the following, blood specimens, saliva samples, or thumb or palm print…
- § 298.2 (a) Any person who is required to submit a specimen sample or print impression pursuant to this chapter who engages or attempts to engage in any of the…
- § 298.3 (a) To ensure expeditious and economical processing of offender specimens and samples for inclusion in the FBI’s CODIS System and the state’s DNA Database and…
ARTICLE 5. Expungement of Information § 299 · 1 section
- § 299 (a) A person whose DNA profile has been included in the databank pursuant to this chapter shall have his or her DNA specimen and sample destroyed and… see note
ARTICLE 6. Limitations on Disclosure §§ 299.5–299.7 · 3 sections
- § 299.5 (a) All DNA and forensic identification profiles and other identification information retained by the Department of Justice pursuant to this chapter are exempt…
- § 299.6 (a) Nothing in this chapter shall prohibit the Department of Justice, in its sole discretion, from the sharing or disseminating of population database or data…
- § 299.7 The Department of Justice is authorized to dispose of unused specimens and samples, unused portions of specimens and samples, and expired specimens and samples…
ARTICLE 7. Construction and Severability §§ 300–300.4 · 5 sections
- § 300 Nothing in this chapter shall limit or abrogate any existing authority of law enforcement officers to take, maintain, store, and utilize DNA or forensic…
- § 300.1 (a) Nothing in this chapter shall be construed to restrict the authority of local law enforcement to maintain their own DNA-related databases or data banks, or…
- § 300.2 Any requirement to provide saliva samples pursuant to this chapter shall be construed as a requirement to provide buccal swab samples as of the effective date…
- § 300.3 The duties and requirements of the Department of Corrections and the Department of the Youth Authority pursuant to this chapter shall commence on July 1, 1999.
- § 300.4 The provisions of this chapter are severable. If any provision of this chapter or its application is held invalid, that invalidity shall not affect other…
CHAPTER 7. Of Crimes Against Religion and Conscience, and Other Offenses Against Good Morals §§ 302–310.5 · 14 sections
- § 302 (a) Every person who intentionally disturbs or disquiets any assemblage of people met for religious worship at a tax-exempt place of worship, by profane…
- § 303 It shall be unlawful for any person engaged in the sale of alcoholic beverages, other than in the original package, to employ upon the premises where the…
- § 303a It shall be unlawful, in any place of business where alcoholic beverages are sold to be consumed upon the premises, for any person to loiter in or about said…
- § 307 Every person, firm, or corporation which sells or gives or in any way furnishes to another person, who is in fact under the age of 21 years, any candy, cake,…
- § 308 (a) (1) (A) (i) A person who knowingly or under circumstances in which it has knowledge, or should otherwise have grounds for knowledge, sells, gives, or in…
- § 308.1 (a) Notwithstanding any other law, no person shall sell, offer for sale, distribute, or import any tobacco product commonly referred to as “bidis” or…
- § 308.2 (a) Every person who sells one or more cigarettes, other than in a sealed and properly labeled package, is guilty of an infraction. (b) “A sealed and properly…
- § 308.3 (a) A person, firm, corporation, or business may not manufacture for sale, distribute, sell, or offer to sell any cigarette, except in a package containing at…
- § 308.5 (a) No person or business shall sell, lease, rent, or provide, or offer to sell, lease, rent, or otherwise offer to the public or to public establishments in…
- § 308b (a) Except as provided in subdivision (b), every person who knowingly delivers or causes to be delivered to any residence in this state any tobacco products…
- § 309 Any proprietor, keeper, manager, conductor, or person having the control of any house of prostitution, or any house or room resorted to for the purpose of…
- § 310 (a) Any minor under 16 years of age who visits or attends any prizefight or place where any prizefight is advertised to take place, and any owner, lessee, or…
- § 310.2 (a) Any coach, trainer, or other person acting in an official or nonofficial capacity as an adult supervisor for an athletic team consisting of minors under…
- § 310.5 (a) Any parent or guardian of a child who enters into an agreement on behalf of that child which is in violation of Section 1669.5 of the Civil Code, and any…
CHAPTER 7.5. Obscene Matter §§ 311–312.7 · 19 sections
- § 311 As used in this chapter, the following definitions apply: (a) “Obscene matter” means matter, taken as a whole, that to the average person, applying…
- § 311.1 (a) Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, or in this state…
- § 311.2 (a) Every person who knowingly sends or causes to be sent, or brings or causes to be brought, into this state for sale or distribution, or in this state…
- § 311.3 (a) A person is guilty of sexual exploitation of a child if that person knowingly develops, duplicates, prints, or exchanges any representation of information,…
- § 311.4 (a) Every person who, with knowledge that a person is a minor, or who, while in possession of any facts on the basis of which they should reasonably know that…
- § 311.5 Every person who writes, creates, or solicits the publication or distribution of advertising or other promotional material, or who in any manner promotes, the…
- § 311.6 Every person who knowingly engages or participates in, manages, produces, sponsors, presents or exhibits obscene live conduct to or before an assembly or…
- § 311.7 Every person who, knowingly, as a condition to a sale, allocation, consignment, or delivery for resale of any paper, magazine, book, periodical, publication or…
- § 311.8 (a) It shall be a defense in any prosecution for a violation of this chapter that the act charged was committed in aid of legitimate scientific or educational…
- § 311.9 (a) Every person who violates subdivision (a) of Section 311.2 or Section 311.5 is punishable by fine of not more than one thousand dollars ($1,000) plus five…
- § 311.10 (a) Any person who advertises for sale or distribution any obscene matter knowing that it depicts a person under the age of 18 years personally engaging in or…
- § 311.11 (a) (1) Every person who knowingly possesses or controls any matter, representation of information, data, or image, including, but not limited to, any film,…
- § 311.12 (a) (1) Every person who is convicted of a violation of Section 311.1, 311.2, 311.3, 311.10, or 311.11 in which the violation is committed on, or via, a…
- § 312 Upon the conviction of the accused, the court may, when the conviction becomes final, order any matter or advertisement, in respect whereof the accused stands…
- § 312.1 In any prosecution for a violation of the provisions of this chapter or of Chapter 7.6 (commencing with Section 313), neither the prosecution nor the defense…
- § 312.3 (a) Matter that depicts a person under 18 years of age engaging in or simulating sexual conduct as defined in Section 311.4 and that is in the possession of…
- § 312.5 If any phrase, clause, sentence, section or provision of this chapter or application thereof to any person or circumstance is held invalid, such invalidity…
- § 312.6 (a) It does not constitute a violation of this chapter for a person or entity solely to provide access or connection to or from a facility, system, or network…
- § 312.7 Nothing in this chapter shall be construed to apply to interstate services or to any other activities or actions for which states are prohibited from imposing…
CHAPTER 7.6. Harmful Matter §§ 313–313.5 · 6 sections
- § 313 As used in this chapter: (a) “Harmful matter” means matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals…
- § 313.1 (a) Every person who, with knowledge that a person is a minor, or who fails to exercise reasonable care in ascertaining the true age of a minor, knowingly…
- § 313.2 (a) Nothing in this chapter shall prohibit any parent or guardian from distributing any harmful matter to his child or ward or permitting his child or ward to…
- § 313.3 It shall be a defense in any prosecution for a violation of this chapter that the act charged was committed in aid of legitimate scientific or educational…
- § 313.4 Every person who violates Section 313.1, other than subdivision (e), is punishable by fine of not more than two thousand dollars ($2,000), by imprisonment in…
- § 313.5 If any phrase, clause, sentence, section or provision of this chapter or application thereof to any person or circumstance is held invalid, such invalidity…
CHAPTER 8. Indecent Exposure, Obscene Exhibitions, and Bawdy and Other Disorderly Houses §§ 314–318.6 · 6 sections
- § 314 Every person who willfully and lewdly, either: 1. Exposes his person, or the private parts thereof, in any public place, or in any place where there are…
- § 315 Every person who keeps a house of ill-fame in this state, resorted to for the purposes of prostitution or lewdness, or who willfully resides in such house, is…
- § 316 Every person who keeps any disorderly house, or any house for the purpose of assignation or prostitution, or any house of public resort, by which the peace,…
- § 318 Whoever, through invitation or device, prevails upon any person to visit any room, building, or other places kept for the purpose of illegal gambling or…
- § 318.5 (a) Nothing in this code shall invalidate an ordinance of, or be construed to prohibit the adoption of an ordinance by, a county or city, if that ordinance…
- § 318.6 (a) Nothing in this code shall invalidate an ordinance of, or be construed to prohibit the adoption of an ordinance by, a city or county, if that ordinance…
CHAPTER 9. Lotteries §§ 319–329 · 16 sections
- § 319 A lottery is any scheme for the disposal or distribution of property by chance, among persons who have paid or promised to pay any valuable consideration for…
- § 319.3 (a) In addition to Section 319, a lottery also shall include a grab bag game which is a scheme whereby, for the disposal or distribution of sports trading…
- § 319.5 Neither this chapter nor Chapter 10 (commencing with Section 330) applies to the possession or operation of a reverse vending machine. As used in this section…
- § 320 Every person who contrives, prepares, sets up, proposes, or draws any lottery, is guilty of a misdemeanor.
- § 320.5 (a) Nothing in this chapter applies to any raffle conducted by an eligible organization as defined in subdivision (c) for the purpose of directly supporting…
- § 320.6 (a) For the purposes of this section, the following terms have the following meanings: (1) “Charitable purposes” excludes purposes that are intended to benefit…
- § 321 Every person who sells, gives, or in any manner whatever, furnishes or transfers to or for any other person any ticket, chance, share, or interest, or any…
- § 322 Every person who aids or assists, either by printing, writing, advertising, publishing, or otherwise in setting up, managing, or drawing any lottery, or in…
- § 323 Every person who opens, sets up, or keeps, by himself or by any other person, any office or other place for the sale of, or for registering the number of any…
- § 324 Every person who insures or receives any consideration for insuring for or against the drawing of any ticket in any lottery whatever, whether drawn or to be…
- § 325 All moneys and property offered for sale or distribution in violation of any of the provisions of this chapter are forfeited to the state, and may be recovered…
- § 326 Every person who lets, or permits to be used, any building or vessel, or any portion thereof, knowing that it is to be used for setting up, managing, or…
- § 326.5 (a) Neither the prohibition on gambling in this chapter nor in Chapter 10 (commencing with Section 330) applies to any bingo game that is conducted in a city,…
- § 327 Every person who contrives, prepares, sets up, proposes, or operates any endless chain is guilty of a public offense, and is punishable by imprisonment in the…
- § 328 (a) This chapter does not make unlawful the printing or other production of any advertisements for, or any ticket, chance, or share in a lottery conducted in…
- § 329 Upon a trial for the violation of any of the provisions of this chapter, it is not necessary to prove the existence of any lottery in which any lottery ticket…
CHAPTER 10. Gaming §§ 330–337z · 44 sections
- § 330 Every person who deals, plays, or carries on, opens, or causes to be opened, or who conducts, either as owner or employee, whether for hire or not, any game of…
- § 330a (a) Every person, who has in his or her possession or under his or her control, either as owner, lessee, agent, employee, mortgagee, or otherwise, or who…
- § 330b (a) It is unlawful for any person to manufacture, repair, own, store, possess, sell, rent, lease, let on shares, lend or give away, transport, or expose for…
- § 330c A punchboard as hereinafter defined is hereby declared to be a slot machine or device within the meaning of Section 330b of this code and shall be subject to…
- § 330.1 (a) Every person who manufactures, owns, stores, keeps, possesses, sells, rents, leases, lets on shares, lends or gives away, transports, or exposes for sale…
- § 330.2 As used in Sections 330.1 to 330.5, inclusive, of this code a “thing of value” is defined to be any money, coin, currency, check, chip, allowance, token,…
- § 330.3 In addition to any other remedy provided by law any slot machine or device may be seized by any of the officers designated by Sections 335 and 335a of the…
- § 330.4 It is specifically declared that the mere possession or control, either as owner, lessee, agent, employee, mortgagor, or otherwise of any slot machine or…
- § 330.5 It is further expressly provided that Sections 330.1 to 330.4, inclusive, of this code shall not apply to music machines, weighing machines and machines which…
- § 330.6 The provisions of Sections 330.1 to 330.5, inclusive, of this code, with respect to owning, storing, keeping, possessing, or transporting any slot machine or…
- § 330.7 (a) It shall be a defense to any prosecution under this chapter relating to slot machines, as defined in subdivision (d) of Section 330b, if the defendant…
- § 330.8 Notwithstanding Sections 330a, 330b, and 330.1 to 330.5, inclusive, the sale, transportation, storage, and manufacture of gambling devices, as defined in…
- § 330.9 (a) Notwithstanding Sections 330a, 330b, 330.1 to 330.5, inclusive, or any other provision of law, it shall be lawful for any person to transport and possess…
- § 330.11 “Banking game” or “banked game” does not include a controlled game if the published rules of the game feature a player-dealer position and provide that this…
- § 331 Every person who knowingly permits any of the games mentioned in Sections 330 and 330a to be played, conducted, or dealt in any house owned or rented by such…
- § 332 (a) Every person who by the game of “three card monte,” so-called, or any other game, device, sleight of hand, pretensions to fortune telling, trick, or other…
- § 333 Every person duly summoned as a witness for the prosecution, on any proceedings had under this Chapter, who neglects or refuses to attend, as required, is…
- § 334 (a) Every person who owns or operates any concession, and who fraudulently obtains money from another by means of any hidden mechanical device or obstruction…
- § 335 Every district attorney, sheriff, or police officer must inform against and diligently prosecute persons whom they have reasonable cause to believe offenders…
- § 335a In addition to any other remedy provided by law any machine or other device the possession or control of which is penalized by the laws of this State…
- § 336 Every owner, lessee, or keeper of any house used in whole, or in part, as a saloon or drinking place, who knowingly permits any person under 18 years of age to…
- § 336.5 Gaming chips may be used on the gaming floor by a patron of a gambling establishment, as defined in subdivision (o) of Section 19805 of the Business and…
- § 336.9 (a) Notwithstanding Section 337a, and except as provided in subdivision (b), any person who, not for gain, hire, or reward other than that at stake under…
- § 337 Every state, county, city, city and county, town, or judicial district officer, or other person who shall ask for, receive, or collect any money, or other…
- § 337a (a) Except as provided in Section 336.9, every person who engages in one of the following offenses, shall be punished for a first offense by imprisonment in a…
- § 337b Any person who gives, or offers or promises to give, or attempts to give or offer, any money, bribe, or thing of value, to any participant or player, or to any…
- § 337c Any person who accepts, or attempts to accept, or offers to accept, or agrees to accept, any money, bribe or thing of value, with the intention or…
- § 337d Any person who gives, offers to give, promises to give, or attempts to give, any money, bribe, or thing of value to any person who is umpiring, managing,…
- § 337e Any person who as umpire, manager, director, referee, supervisor, judge, presiding officer or official receives or agrees to receive, or attempts to receive…
- § 337f (a) Any person who does any of the following is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment in a county jail not…
- § 337g The possession, transport or use of any local anaesthetic of the cocaine group, including but not limited to natural or synthetic drugs of this group, such as…
- § 337h Any person who, except for medicinal purposes, administers any poison, drug, medicine, or other noxious substance, to any horse, stud, mule, ass, mare, horned…
- § 337i Every person who knowingly transmits information as to the progress or results of a horserace, or information as to wagers, betting odds, changes in betting…
- § 337j (a) It is unlawful for any person, as owner, lessee, or employee, whether for hire or not, either solely or in conjunction with others, to do any of the…
- § 337k (a) It is unlawful for any person to advertise, or to facilitate the advertisement of, nonparimutuel wagering on horse races. (b) Violation of this section is…
- § 337o (a) It is unlawful for any person or entity to operate, conduct, or offer an online sweepstakes game in this state. (b) It is unlawful for any entity,…
- § 337s (a) This section applies only in counties with a population exceeding 4,000,000. (b) Every person who deals, plays, or carries on, opens, or causes to be…
- § 337t The following definitions govern the construction of this section and Sections 337u, 337w, 337x, and 337y: (a) “Associated equipment” means any equipment or…
- § 337u It is unlawful for any person to commit any of the following acts: (a) To alter or misrepresent the outcome of a gambling game or other event on which wagers…
- § 337v It is unlawful for any person at a gambling establishment to use, or to possess with the intent to use, any device to assist in any of the following: (a) In…
- § 337w (a) It is unlawful for any person to use counterfeit chips, counterfeit debit instruments, or other counterfeit wagering instruments in a gambling game, the…
- § 337x It is unlawful to cheat at any gambling game in a gambling establishment.
- § 337y It is unlawful to do either of the following: (a) Manufacture, sell, or distribute any cards, chips, dice, game, or device which is intended to be used to…
- § 337z (a) Any person who violates Section 337u, 337v, 337w, 337x, or 337y shall be punished as follows: (1) For the first violation, by imprisonment in a county jail…
CHAPTER 10.5. Horse Racing §§ 337.1–337.9 · 9 sections
- § 337.1 Any person, who knowingly and designedly by false representation attempts to, or does persuade, procure or cause another person to wager on a horse in a race…
- § 337.2 Any person who is a tout, or who attempts or conspires to commit touting, is guilty of a misdemeanor and is punishable by a fine of not more than five hundred…
- § 337.3 Any person who in the commission of touting falsely uses the name of any official of the California Horse Racing Board, its inspectors or attachés, or of any…
- § 337.4 Any person who in the commission of touting obtains money in excess of nine hundred fifty dollars ($950) may, in addition to being prosecuted for the violation…
- § 337.5 Any person who has been convicted of touting, and the record of whose conviction on such charge is on file in the office of the California Horse Racing Board…
- § 337.6 Any credential or license issued by the California Horse Racing Board to licensees, if used by the holder thereof for a purpose other than identification and…
- § 337.7 Any person other than the lawful holder thereof who has in his possession any credential or license issued by the California Horse Racing Board to licensees…
- § 337.8 Any person who uses any credential, other than a credential or license issued by the California Horse Racing Board, for the purpose of touting is guilty of…
- § 337.9 The executive director and chief of licensing and enforcement of the California Horse Racing Board shall coordinate a policy for the enforcement of this…
CHAPTER 11. Pawnbrokers § 343 · 1 section
- § 343 Every person who purchases gold bullion, gold bars or gold quartz or mineral containing gold, who fails, refuses, or neglects to produce for inspection his…
CHAPTER 12. Other Injuries to Persons §§ 346–367g · 18 sections
- § 346 Any person who, without the written permission of the owner or operator of the property on which an entertainment event is to be held or is being held, sells a…
- § 347 (a) (1) Every person who willfully mingles any poison or harmful substance with any food, drink, medicine, or pharmaceutical product or who willfully places…
- § 347b It shall be unlawful for any person, firm or corporation to manufacture, sell, furnish, or give away, or offer to manufacture, sell, furnish, or give away any…
- § 350 (a) Any person who willfully manufactures, intentionally sells, or knowingly possesses for sale any counterfeit mark registered with the Secretary of State or…
- § 351a Any person who sells, attempts to sell, offers for sale or assists in the sale of any goods, product or output, and who willfully and falsely represents such…
- § 355 Every person who defaces or obliterates the marks upon wrecked property, or in any manner disguises the appearance thereof, with intent to prevent the owner…
- § 356 Every person who cuts out, alters, or defaces any mark made upon any log, lumber, or wood, or puts a false mark thereon with intent to prevent the owner from…
- § 359 Every person authorized to solemnize marriage, who willfully and knowingly solemnizes any incestuous or other marriage forbidden by law, is punishable by fine…
- § 360 Every person authorized to solemnize any marriage, who solemnizes a marriage without first being presented with the marriage license, as required by Section…
- § 362 Every officer or person to whom a writ of habeas corpus may be directed, who, after service thereof, neglects or refuses to obey the command thereof, is guilty…
- § 363 Every person who, either solely or as member of a Court, knowingly and unlawfully recommits, imprisons, or restrains of his liberty, for the same cause, any…
- § 364 Every person having in his custody, or under his restraint or power, any person for whose relief a writ of habeas corpus has been issued, who, with the intent…
- § 365 Every person, and every agent or officer of any corporation carrying on business as an innkeeper, or as a common carrier of passengers, who refuses, without…
- § 365.5 (a) Any blind person, deaf person, or disabled person, who is a passenger on any common carrier, airplane, motor vehicle, railway train, motorbus, streetcar,…
- § 365.6 (a) Any person who, with no legal justification, intentionally interferes with the use of a guide, signal, or service dog or mobility aid by harassing or…
- § 365.7 (a) Any person who knowingly and fraudulently represents himself or herself, through verbal or written notice, to be the owner or trainer of any canine…
- § 367f (a) Except as provided in subdivisions (d) and (e), it shall be unlawful for any person to knowingly acquire, receive, sell, promote the transfer of, or…
- § 367g (a) It shall be unlawful for anyone to knowingly use sperm, ova, or embryos in assisted reproduction technology, for any purpose other than that indicated by…
CHAPTER 13. Crimes Against Elders, Dependent Adults, and Persons with Disabilities §§ 368–368.7 · 4 sections
- § 368 (a) The Legislature finds and declares that elders, adults whose physical or mental disabilities or other limitations restrict their ability to carry out…
- § 368.5 (a) Local law enforcement agencies and state law enforcement agencies with jurisdiction have concurrent jurisdiction to investigate elder and dependent adult…
- § 368.6 (a) This section shall be known, and may be cited, as the Senior and Disability Justice Act. (b) As used in this section, the following definitions apply: (1)…
- § 368.7 The Department of Justice shall develop and distribute an informational notice that warns the public about elder and dependent adult fraud and directs them to…