reglab/statecodes huggingface dataset:
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 3 - Control of Gambling Ships › Section 11306.

11306. Whenever there is reason to believe that a nuisance as defined in this article is kept, maintained or exists in any county, the district attorney, in the name of the people, shall, or any citizen of the State resident in the county, in his own name, may, maintain an action to abate and prevent the nuisance and perpetually to enjoin the person or persons conducting or maintaining it, whether as principal, agent, servant, employee or otherwise, from directly or indirectly maintaining or permitting the nuisance.
Unless filed by the district attorney, the complaint in the action shall be verified.
In any such action the plaintiff, at the time of issuing the summons, or at any time afterward, may have the means of conveyance, with its tackle, apparel and furniture, seized and kept as security for the satisfaction of any judgment that may be entered in the action.
(Added by Stats. 1953, Ch. 35.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 3 - Control of Gambling Ships › Section 11307.

11307. When any means of conveyance is seized pursuant to Section 11306, the owner thereof or any other person otherwise entitled to possession thereof may apply to the court in which the action is pending for leave to file bond and regain possession of the means of conveyance during the pendency of the proceedings. The bond shall be in an amount determined by the judge to be the actual value of the means of conveyance at the time of its release. Upon giving said bond conditioned upon compliance with the terms of any temporary writ of injunction entered in the action and upon the return of the means of conveyance to the custody of the court in the event the same is ordered forfeited, the person on whose behalf such bond is given shall be put in possession of said means of conveyance and may use it until it is finally ordered delivered up and forfeited, if such be the judgment of the court.
(Added by Stats. 1953, Ch. 35.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 3 - Control of Gambling Ships › Section 11308.

11308. If the existence of a nuisance as defined in this article is shown in any action brought under this article to the satisfaction of the court or judge, either by verified complaint or affidavit, the court or judge shall allow a temporary writ of injunction to abate and prevent the continuance or recurrence of the nuisance. On granting the temporary writ the court or judge shall require an undertaking on the part of the applicant to the effect that the applicant will pay to the defendant enjoined such damages, not exceeding an amount to be specified, as the defendant sustains by reason of the injunction if the court finally decides that the applicant was not entitled to it.
(Amended by Stats. 1982, Ch. 517, Sec. 321.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 3 - Control of Gambling Ships › Section 11309.

11309. Actions brought under this article shall have precedence over all other actions, except criminal proceedings, election contests and hearings on injunctions.
If the complaint is filed by a citizen it shall not be dismissed by him or for want of prosecution except upon a sworn statement made by him and his attorney, setting forth the reasons why the action should be dismissed, and by dismissal ordered by the court.
In case of failure to prosecute the action with reasonable diligence, or at the request of the plaintiff, the court, in its discretion, may substitute any other citizen consenting thereto for the plaintiff.
If the action is brought by a citizen and the court finds there was no reasonable ground or cause therefor, the costs shall be taxed against him.
(Added by Stats. 1953, Ch. 35.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 3 - Control of Gambling Ships › Section 11310.

11310. If the existence of a nuisance as defined in this article is established in an action brought thereunder, an order of abatement shall be entered as part of the judgment in the case, and plaintiff’s costs in the action are a lien upon the means of conveyance, and upon its tackle, apparel and furniture. The lien is enforceable and collectible by execution issued by order of the court.
(Added by Stats. 1953, Ch. 35.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 3 - Control of Gambling Ships › Section 11311.

11311. A violation or disobedience of an injunction or order for abatement provided for in this article is punishable as a contempt of court by a fine of not less than two hundred dollars ($200) or more than one thousand dollars ($1,000), or by imprisonment in the county jail for not less than one nor more than six months, or by both.
(Added by Stats. 1953, Ch. 35.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 3 - Control of Gambling Ships › Section 11312.

11312. If the existence of a nuisance as defined in this article is established in an action brought thereunder, an order of abatement shall be entered as a part of the judgment, which order shall direct the seizure and forfeiture of the means of conveyance with its tackle, apparel and furniture, and the sale thereof in the manner provided for the sale of like chattels under execution.
While the order of abatement remains in effect, the means of conveyance is in the custody of the court.
For seizing and selling the means of conveyance, the officer is entitled to charge and receive the same fees as he would for levying upon and selling like property on execution.
(Added by Stats. 1953, Ch. 35.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 3 - Control of Gambling Ships › Section 11313.

11313. The proceeds of the sale of the means of conveyance shall be applied as follows:
First—To the fees and costs of the seizure and sale.
Second—To the payment of the plaintiff’s costs in the action.
Third—The balance, if any, shall be paid into the State Treasury to the credit of the General Fund.
(Added by Stats. 1953, Ch. 35.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 3 - Control of Gambling Ships › Section 11314.

11314. If the owner of the means of conveyance has not been guilty of any contempt of court in a proceeding brought under this article, and appears and pays all costs, fees, and allowances that are a lien on the means of conveyance and files a bond in the full value of the means of conveyance, to be ascertained by the court, conditioned that the owner will immediately abate the nuisance and prevent it from being established or resumed within a period of one year thereafter, the court or judge may, if satisfied of the owner’s good faith, order the means of conveyance to be delivered to the owner, and the order of abatement canceled so far as it may relate thereto. The release of such means of conveyance under the provisions of this section does not release it from any judgment, lien, penalty, or liability to which it may be subject.
(Amended by Stats. 1982, Ch. 517, Sec. 322.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 3 - Control of Gambling Ships › Section 11315.

11315. Whenever the owner of the means of conveyance, or the owner of any interest therein, has been guilty of a contempt of court, and fined in any proceeding under this article, the fine is a lien upon the property to the extent of his interest in it. The lien is enforceable and collectible by execution issued by order of the court.
(Added by Stats. 1953, Ch. 35.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 3 - Control of Gambling Ships › Section 11316.

11316. Any person, firm, association or corporation, either as principal, agent, servant, employee or otherwise, who violates any of the provisions of this article is guilty of a misdemeanor.
(Added by Stats. 1953, Ch. 35.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 3 - Control of Gambling Ships › Section 11317.

11317. The term “gambling ship” as used in this article means any boat, ship, vessel, watercraft or barge kept, operated or maintained for the purpose of gambling, whether within or without the jurisdiction of the State, and whether it is anchored, lying to, or navigating.
(Added by Stats. 1953, Ch. 35.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 3 - Control of Gambling Ships › Section 11318.

11318. If any section, subsection, paragraph, sentence or clause of this article is for any reason held to be invalid, the Legislature hereby declares that had it known of the invalidity of that portion at the time of this enactment, it would have passed the remainder of the article without the invalid portion and that it is the intention of the Legislature that the remainder of the article operate in the event of the invalidity of any portion thereof.
(Added by Stats. 1953, Ch. 35.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 3 - Control of Gambling Ships › Section 11319.

11319. It is unlawful for any person to do any of the following:
(a) Violate any provision of Chapter 9 (commencing with Section 319), Chapter 10 (commencing with Section 330), or Chapter 10.5 (commencing with Section 337.1) of Title 9 of Part 1 on a craft that embarks from any point within the state, and disembarks at the same or another point within the state, during which time the person intentionally causes or knowingly permits gambling activity to be conducted, whether within or without the waters of the state.
(b) Manage, supervise, control, operate, or own any craft that embarks from any point within the state, and disembarks at the same or another point within the state, during which time the person intentionally causes or knowingly permits gambling activity which would violate any provision of Chapter 9 (commencing with Section 319), Chapter 10 (commencing with Section 330), or Chapter 10.5 (commencing with Section 337.1) of Title 9 of Part 1 to be conducted, whether within or without the waters of the state.
(c) This section shall not apply to gambling activity conducted on United States-flagged or foreign-flagged craft during travel from a foreign nation or another state or possession of the United States up to the point of first entry into California waters or during travel to a foreign nation or another state or possession of the United States from the point of departure from California waters, provided that nothing herein shall preclude prosecution for any other offense under this article.
(Added by Stats. 1992, Ch. 276, Sec. 2. Effective January 1, 1993.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 4.5 - Terrorizing › Section 11410.

11410. (a) The Legislature finds and declares that it is the right of every person regardless of actual or perceived disability, gender, gender identity, gender expression, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with these actual or perceived characteristics, to be secure and protected from fear, intimidation, and physical harm caused by the activities of violent groups and individuals. It is not the intent of this chapter to interfere with the exercise of rights protected by the Constitution of the United States. The Legislature recognizes the constitutional right of every citizen to harbor and express beliefs on any subject whatsoever and to associate with others who share similar beliefs. The Legislature further finds however, that the advocacy of unlawful violent acts by groups against other persons or groups under circumstances where death or great bodily injury is likely to result is not constitutionally protected, poses a threat to public order and safety, and should be subject to criminal and civil sanctions.
(b) For purposes of this section, the following definitions shall apply:
(1) “Association with a person or group with these actual or perceived characteristics” includes advocacy for, identification with, or being on the ground owned or rented by, or adjacent to, any of the following: a community center, educational facility, family, individual, office, meeting hall, place of worship, private institution, public agency, library, or other entity, group, or person that has, or is identified with people who have, one or more of those characteristics listed in the definition of “hate crime” under paragraphs (1) to (6), inclusive, of subdivision (a) of Section 422.55.
(2) “Disability” includes mental disability and physical disability as defined in Section 12926 of the Government Code.
(3) “Gender” means sex, and includes a person’s gender identity and gender expression. “Gender expression” means a person’s gender-related appearance and behavior whether or not stereotypically associated with the person’s assigned sex at birth.
(4) “Nationality” includes citizenship, country of origin, and national origin.
(5) “Race or ethnicity” includes ancestry, color, and ethnic background.
(6) “Religion” includes all aspects of religious belief, observance, and practice and includes agnosticism and atheism.
(7) “Sexual orientation” means heterosexuality, homosexuality, or bisexuality.
(Amended by Stats. 2011, Ch. 719, Sec. 34. (AB 887) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 4.5 - Terrorizing › Section 11412.

11412. Any person who, with intent to cause, attempts to cause or causes another to refrain from exercising his or her religion or from engaging in a religious service by means of a threat, directly communicated to such person, to inflict an unlawful injury upon any person or property, and it reasonably appears to the recipient of the threat that such threat could be carried out is guilty of a felony.
(Added by Stats. 1984, Ch. 1119, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 4.5 - Terrorizing › Section 11413.

11413. (a) Any person who explodes, ignites, or attempts to explode or ignite any destructive device or any explosive, or who commits arson, in or about any of the places listed in subdivision (b), for the purpose of terrorizing another or in reckless disregard of terrorizing another is guilty of a felony, and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for three, five, or seven years, and a fine not exceeding ten thousand dollars ($10,000).
(b) Subdivision (a) applies to the following places:
(1) Any health facility licensed under Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code, or any place where medical care is provided by a licensed health care professional.
(2) Any church, temple, synagogue, mosque, or other place of worship.
(3) The buildings, offices, and meeting sites of organizations that counsel for or against abortion or among whose major activities are lobbying, publicizing, or organizing with respect to public or private issues relating to abortion.
(4) Any place at which a lecture, film-showing, or other private meeting or presentation that educates or propagates with respect to abortion practices or policies, whether on private property or at a meeting site authorized for specific use by a private group on public property, is taking place.
(5) Any bookstore or public or private library.
(6) Any building or facility designated as a courthouse.
(7) The home or office of a judicial officer.
(8) Any building or facility regularly occupied by county probation department personnel in which the employees perform official duties of the probation department.
(9) Any private property, if the property was targeted in whole or in part because of any of the actual or perceived characteristics of the owner or occupant of the property listed in subdivision (a) of Section 422.55.
(10) Any public or private school providing instruction in kindergarten or grades 1 to 12, inclusive.
(c) As used in this section, “judicial officer” means a magistrate, judge, justice, commissioner, referee, or any person appointed by a court to serve in one of these capacities, of any state or federal court located in this state.
(d) As used in this section, “terrorizing” means to cause a person of ordinary emotions and sensibilities to fear for personal safety.
(e) Nothing in this section shall be construed to prohibit the prosecution of any person pursuant to Section 18740 or any other provision of law in lieu of prosecution pursuant to this section.
(Amended (as amended by Stats. 2010, Ch. 178) by Stats. 2011, Ch. 15, Sec. 498. (AB 109) Effective April 4, 2011. Amending action operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68. Amended version operative January 1, 2012, pursuant to Stats. 2010, Ch. 178, Sec. 107.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 4.5 - Terrorizing › Section 11414.

11414. (a) Any person who intentionally harasses the child or ward of any other person because of that person’s employment shall be punished by imprisonment in a county jail not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both that fine and imprisonment.
(b) For purposes of this section, the following definitions shall apply:
(1) “Child” and “ward” mean a person under 16 years of age.
(2) “Harasses” means knowing and willful conduct directed at a specific child or ward that seriously alarms, annoys, torments, or terrorizes the child or ward, and that serves no legitimate purpose, including, but not limited to, that conduct occurring during the course of any actual or attempted recording of the child’s or ward’s image or voice, or both, without the express consent of the parent or legal guardian of the child or ward, by following the child’s or ward’s activities or by lying in wait. The conduct must be such as would cause a reasonable child to suffer substantial emotional distress, and actually cause the victim to suffer substantial emotional distress.
(3) “Employment” means the job, vocation, occupation, or profession of the parent or legal guardian of the child or ward.
(c) A second conviction under this section shall be punished by a fine not exceeding twenty thousand dollars ($20,000) and by imprisonment in a county jail for not less than five days but not exceeding one year. A third or subsequent conviction under this section shall be punished by a fine not exceeding thirty thousand dollars ($30,000) and by imprisonment in a county jail for not less than 30 days but not exceeding one year.
(d) Upon a violation of this section, the parent or legal guardian of an aggrieved child or ward may bring a civil action against the violator on behalf of the child or ward. The remedies in that civil action shall be limited to one or more of the following: actual damages, punitive damages, reasonable attorney’s fees, costs, disgorgement of any compensation from the sale, license, or dissemination of a child’s image or voice received by the individual who, in violation of this section, recorded the child’s image or voice, and injunctive relief against further violations of this section by the individual.
(e) The act of transmitting, publishing, or broadcasting a recording of the image or voice of a child does not constitute a violation of this section.
(f) This section does not preclude prosecution under any section of law that provides for greater punishment.
(Amended by Stats. 2013, Ch. 348, Sec. 1. (SB 606) Effective January 1, 2014.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 4.6 - The Hertzberg-Alarcon California Prevention of Terrorism Act › Section 11415.

11415. This article shall be known and may be cited as the Hertzberg-Alarcon California Prevention of Terrorism Act.
(Added by Stats. 1999, Ch. 563, Sec. 1. Effective January 1, 2000.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 4.6 - The Hertzberg-Alarcon California Prevention of Terrorism Act › Section 11416.

11416. The Legislature hereby finds and declares that the threat of terrorism involving weapons of mass destruction, including, but not limited to, chemical, biological, nuclear, or radiological agents, is a significant public safety concern. The Legislature also recognizes that terrorism involving weapons of mass destruction could result in an intentional disaster placing residents of California in great peril. The Legislature also finds it necessary to sanction the possession, manufacture, use, or threatened use of chemical, biological, nuclear, or radiological weapons, as well as the intentional use or threatened use of industrial or commercial chemicals as weapons against persons or animals.
(Added by Stats. 1999, Ch. 563, Sec. 1. Effective January 1, 2000.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 4.6 - The Hertzberg-Alarcon California Prevention of Terrorism Act › Section 11418.1.

11418.1. Any person who gives, mails, sends, or causes to be sent any false or facsimile of a weapon of mass destruction to another person, or places, causes to be placed, or possesses any false or facsimile of a weapon of mass destruction, with the intent to cause another person to fear for his or her own safety, or for the personal safety of others, is guilty of a misdemeanor. If the person’s conduct causes another person to be placed in sustained fear, the person shall be punished by imprisonment in a county jail for not more than one year or in the state prison for 16 months, or two or three years and by a fine of not more than two hundred fifty thousand dollars ($250,000). For purposes of this section, “sustained fear” has the same meaning as in Section 11418.5.
(Added by Stats. 2002, Ch. 606, Sec. 6. Effective September 17, 2002.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 4.6 - The Hertzberg-Alarcon California Prevention of Terrorism Act › Section 11418.5.

11418.5. (a) Any person who knowingly threatens to use a weapon of mass destruction, with the specific intent that the statement as defined in Section 225 of the Evidence Code or a statement made by means of an electronic communication device, is to be taken as a threat, even if there is no intent of actually carrying it out, which, on its face and under the circumstances in which it is made, is so unequivocal, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat, and thereby causes that person reasonably to be in sustained fear for his or her own safety, or for his or her immediate family’s safety shall be punished by imprisonment in a county jail for up to one year or in the state prison for 3, 4, or 6 years, and by a fine of not more than two hundred fifty thousand dollars ($250,000).
(b) For the purposes of this section, “sustained fear” can be established by, but is not limited to, conduct such as evacuation of any building by any occupant, evacuation of any school by any employee or student, evacuation of any home by any resident or occupant, any isolation, quarantine, or decontamination effort.
(c) The fact that the person who allegedly violated this section did not actually possess a biological agent, toxin, or chemical weapon does not constitute a defense to the crime specified in this section.
(d) Nothing in this section shall be construed to prevent punishment instead pursuant to any other provision of law that imposes a greater or more severe punishment.
(Amended by Stats. 2002, Ch. 611, Sec. 2. Effective September 17, 2002.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 6 - Paramilitary Organizations › Section 11460.

11460. (a) Any two or more persons who assemble as a paramilitary organization for the purpose of practicing with weapons shall be punished by imprisonment in a county jail for not more than one year or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment.
As used in this subdivision, “paramilitary organization” means an organization which is not an agency of the United States government or of the State of California, or which is not a private school meeting the requirements set forth in Section 48222 of the Education Code, but which engages in instruction or training in guerrilla warfare or sabotage, or which, as an organization, engages in rioting or the violent disruption of, or the violent interference with, school activities.
(b) (1) Any person who teaches or demonstrates to any other person the use, application, or making of any firearm, explosive, or destructive device, or technique capable of causing injury or death to persons, knowing or having reason to know or intending that these objects or techniques will be unlawfully employed for use in, or in the furtherance of a civil disorder, or any person who assembles with one or more other persons for the purpose of training with, practicing with, or being instructed in the use of any firearm, explosive, or destructive device, or technique capable of causing injury or death to persons, with the intent to cause or further a civil disorder, shall be punished by imprisonment in the 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.
Nothing in this subdivision shall make unlawful any act of any peace officer or a member of the military forces of this state or of the United States, performed in the lawful course of his or her official duties.
(2) As used in this section:
(A) “Civil disorder” means any disturbance involving acts of violence which cause an immediate danger of or results in damage or injury to the property or person of any other individual.
(B) “Destructive device” has the same meaning as in Section 16460.
(C) “Explosive” has the same meaning as in Section 12000 of the Health and Safety Code.
(D) “Firearm” means any device designed to be used as a weapon, or which may readily be converted to a weapon, from which is expelled a projectile by the force of any explosion or other form of combustion, or the frame or receiver of this weapon.
(E) “Peace officer” means any peace officer or other officer having the powers of arrest of a peace officer, specified in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(Amended by Stats. 2010, Ch. 178, Sec. 93. (SB 1115) Effective January 1, 2011. Operative January 1, 2012, by Sec. 107 of Ch. 178.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 7 - Interruption of Communication › Section 11470.

11470. For the purposes of this article, the following terms have the following meanings:
(a) “Communication service” means any communication service that interconnects with the public switched telephone network and is required by the Federal Communications Commission to provide customers with 911 access to emergency services.
(b) “Government entity” means every local government, including a city, county, city and county, a transit, joint powers, special, or other district, the state, and every agency, department, commission, board, bureau, or other political subdivision of the state, or any authorized agent thereof.
(c) “Interrupt communication service” means to knowingly or intentionally suspend, disconnect, interrupt, or disrupt a communication service to one or more particular customers or all customers in a geographical area.
(d) “Judicial officer” means a magistrate, judge, commissioner, referee, or any person appointed by a court to serve in one of these capacities, of a superior court.
(e) “Service provider” means a person or entity, including a government entity, that offers a communication service.
(Added by Stats. 2017, Ch. 322, Sec. 1. (AB 1034) Effective January 1, 2018.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 7 - Interruption of Communication › Section 11471.

11471. (a) Except as authorized by this article, no government entity, and no service provider acting at the request of a government entity, shall interrupt a communication service for either of the following purposes:
(1) To prevent the communication service from being used for an illegal purpose.
(2) To protect public health, safety, or welfare.
(b) A government entity may interrupt a communication service for a purpose stated in subdivision (a) in any of the following circumstances:
(1) The interruption is authorized by a court order pursuant to Section 11473.
(2) The government entity reasonably determines that (A) the interruption is required to address an extreme emergency situation that involves immediate danger of death or great bodily injury, (B) there is insufficient time, with due diligence, to first obtain a court order under Section 11473, and (C) the interruption meets the grounds for issuance of a court order under Section 11473. A government entity acting pursuant to this paragraph shall comply with Section 11475.
(3) Notwithstanding Section 591, 631, or 632, or Section 7906 of the Public Utilities Code, a supervising law enforcement official with jurisdiction may require that a service provider interrupt a communication service that is available to a person if (A) the law enforcement official has probable cause to believe that the person is holding hostages and is committing a crime, or is barricaded and is resisting apprehension through the use or threatened use of force, and (B) the purpose of the interruption is to prevent the person from communicating with anyone other than a peace officer or a person authorized by a peace officer. This paragraph does not authorize the interruption of communication service to a wireless device other than a wireless device used or available for use by the person or persons involved in a hostage or barricade situation.
(Added by Stats. 2017, Ch. 322, Sec. 1. (AB 1034) Effective January 1, 2018.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 7 - Interruption of Communication › Section 11472.

11472. (a) An application by a government entity for a court order authorizing the interruption of a communication service shall be made in writing upon the personal oath or affirmation of the chief executive of the government entity or his or her designee, to the presiding judge of the superior court or a judicial officer designated by the presiding judge for that purpose.
(b) Each application shall include all of the following information:
(1) The identity of the government entity making the application.
(2) A statement attesting to a review of the application and the circumstances in support of the application by the chief executive officer of the government entity making the application, or his or her designee. This statement shall state the name and office of the person who effected this review.
(3) A full and complete statement of the facts and circumstances relied on by the government entity to justify a reasonable belief that the order should be issued, including the facts and circumstances that support the statements made in paragraphs (4) to (7), inclusive.
(4) A statement that probable cause exists to believe that the communication service to be interrupted is being used or will be used for an unlawful purpose or to assist in a violation of the law. The statement shall expressly identify the unlawful purpose or violation of the law.
(5) A statement that immediate and summary action is needed to avoid serious, direct, and immediate danger to public health, safety, or welfare.
(6) A statement that the proposed interruption is narrowly tailored to the specific circumstances under which the order is made and would not interfere with more communication than is necessary to achieve the purposes of the order.
(7) A statement that the proposed interruption would leave open ample alternative means of communication.
(8) A statement that the government entity has considered the practical disadvantages of the proposed interruption, including any disruption of emergency communication service.
(9) A description of the scope and duration of the proposed interruption. The application shall clearly describe the specific communication service to be interrupted with sufficient detail as to customer, cell sector, central office, or geographical area affected.
(c) The judicial officer may require the applicant to furnish additional testimony or documentary evidence in support of an application for an order under this section.
(d) The judicial officer shall accept a facsimile copy of the signature of any person required to give a personal oath or affirmation pursuant to subdivision (a) as an original signature to the application.
(Added by Stats. 2017, Ch. 322, Sec. 1. (AB 1034) Effective January 1, 2018.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 7 - Interruption of Communication › Section 11473.

11473. Upon application made under Section 11472, the judicial officer may enter an ex parte order, as requested or modified, authorizing interruption of a communication service in the territorial jurisdiction in which the judicial officer is sitting, if the judicial officer determines, on the basis of the facts submitted by the applicant, that all of the following requirements are satisfied:
(a) There is probable cause that the communication service is being or will be used for an unlawful purpose or to assist in a violation of the law.
(b) Absent immediate and summary action to interrupt the communication service, serious, direct, and immediate danger to public health, safety, or welfare will result.
(c) The interruption of communication service is narrowly tailored to prevent unlawful infringement of speech that is protected by the First Amendment to the United States Constitution or Section 2 of Article I of the California Constitution, or a violation of any other rights under federal or state law.
(d) The interruption of a communication service would leave open ample alternative means of communication.
(Added by Stats. 2017, Ch. 322, Sec. 1. (AB 1034) Effective January 1, 2018.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 7 - Interruption of Communication › Section 11474.

11474. An order authorizing an interruption of a communication service shall include all of the following:
(a) A statement of the court’s findings required by Section 11473.
(b) A clear description of the communication service to be interrupted, with specific detail as to the affected service, service provider, and customer or geographical area.
(c) A statement of the period of time during which the interruption is authorized. The order may provide for a fixed duration or require that the government end the interruption when it determines that the interruption is no longer reasonably necessary because the danger that justified the interruption has abated. If the judicial officer finds that probable cause exists that a particular communication service is being used or will be used as part of a continuing criminal enterprise, the court may order the permanent termination of that service and require that the terminated service not be referred to another communication service.
(d) A requirement that the government entity immediately serve notice on the service provider when the interruption is to cease.
(Added by Stats. 2017, Ch. 322, Sec. 1. (AB 1034) Effective January 1, 2018.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 7 - Interruption of Communication › Section 11475.

11475. A government entity that interrupts a communication service pursuant to paragraph (2) of subdivision (b) of Section 11471 shall take all of the following steps:
(a) Apply for a court order under Section 11472 without delay. If possible, the application shall be filed within six hours after commencement of the interruption. If that is not possible, the application shall be filed at the first reasonably available opportunity, but in no event later than 24 hours after commencement of an interruption of a communication service. If an application is filed more than six hours after commencement of an interruption of a communication service, the application shall include a declaration, made under penalty of perjury, stating the reason for the delay.
(b) Prepare a signed statement of intent to apply for a court order. The statement of intent shall clearly describe the extreme emergency situation and the specific communication service to be interrupted. If a government entity does not apply for a court order within six hours, the government entity shall submit a copy of the signed statement of intent to the court within six hours.
(c) Provide conspicuous notice of the application for a court order on the government entity’s Internet Web site without delay, unless the circumstances that justify an interruption of a communication service without first obtaining a court order also justify not providing the notice.
(Added by Stats. 2017, Ch. 322, Sec. 1. (AB 1034) Effective January 1, 2018.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 7 - Interruption of Communication › Section 11476.

11476. (a) If an order issued pursuant to Section 11473 or a signed statement of intent prepared pursuant to Section 11475 would authorize the interruption of a communication service for all customers of the interrupted communication service within a geographical area, the government entity shall serve the order or statement on the Governor’s Office of Emergency Services.
(b) The Governor’s Office of Emergency Services shall have policy discretion on whether to request that the federal government authorize and effect the proposed interruption.
(Added by Stats. 2017, Ch. 322, Sec. 1. (AB 1034) Effective January 1, 2018.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 7 - Interruption of Communication › Section 11477.

11477. If an order issued pursuant to Section 11473 or a signed statement of intent prepared pursuant to Section 11475 is not governed by Section 11476, the government entity shall serve the order or statement on both of the following persons:
(a) The appropriate service provider’s contact for receiving requests from law enforcement, including receipt of state or federal warrants, orders, or subpoenas.
(b) The affected customer, if the identity of the customer is known. When serving an affected customer, the government entity shall provide notice of the opportunity for judicial review under Section 11479.
(Added by Stats. 2017, Ch. 322, Sec. 1. (AB 1034) Effective January 1, 2018.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 7 - Interruption of Communication › Section 11478.

11478. (a) Good faith reliance by a service provider on a court order issued pursuant to Section 11473, a signed statement of intent prepared pursuant to Section 11475, or the instruction of a supervising law enforcement officer acting pursuant to paragraph (3) of subdivision (b) of Section 11471 shall constitute a complete defense for the service provider against any action brought as a result of the interruption of a communication service authorized by that court order, statement of intent, or instruction.
(b) A communications service provider shall designate a security employee and an alternate security employee, to provide all required assistance to law enforcement officials to carry out the purposes of this article.
(c) A service provider that intentionally interrupts communication service pursuant to this article shall comply with any rule or notification requirement of the Public Utilities Commission or Federal Communications Commission, or both, and any other applicable provision or requirement of state or federal law.
(Added by Stats. 2017, Ch. 322, Sec. 1. (AB 1034) Effective January 1, 2018.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 7 - Interruption of Communication › Section 11479.

11479. (a) A person whose communication service has been interrupted pursuant to this article may petition the superior court to contest the grounds for the interruption and restore the interrupted service.
(b) The remedy provided in this section is not exclusive. Other laws may provide a remedy for a person who is aggrieved by an interruption of a communication service authorized by this chapter.
(Added by Stats. 2017, Ch. 322, Sec. 1. (AB 1034) Effective January 1, 2018.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 7 - Interruption of Communication › Section 11480.

11480. The Legislature finds and declares that ensuring that California users of any communication service not have that service interrupted, and thereby be deprived of 911 access to emergency services or a means to engage in constitutionally protected expression, is a matter of statewide concern and not a municipal affair, as that term is used in Section 5 of Article XI of the California Constitution.
(Added by Stats. 2017, Ch. 322, Sec. 1. (AB 1034) Effective January 1, 2018.)
2023 California Code › Penal Code - PEN › PART 4 - PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS › TITLE 1 - INVESTIGATION AND CONTROL OF CRIMES AND CRIMINALS › CHAPTER 3 - Prevention and Abatement of Unlawful Activities › ARTICLE 7 - Interruption of Communication › Section 11481.

11481. (a) This article does not apply to any of the following actions:
(1) The interruption of a communication service with the consent of the affected customer.
(2) The interruption of a communication service pursuant to a customer service agreement, contract, or tariff.
(3) The interruption of a communication service to protect the security of the communication network or other computing resources of a government entity or service provider.
(4) The interruption of a communication service to prevent unauthorized wireless communication by a prisoner in a state or local correctional facility, including a juvenile facility.
(5) The interruption of a communication service to transmit an emergency notice that includes, but is not limited to, an Amber Alert, a message transmitted through the federal Emergency Alert System, or a message transmitted through the federal Wireless Emergency Alert System.
(6) An interruption of a communication service pursuant to a statute that expressly authorizes an interruption of a communication service, including Sections 149 and 7099.10 of the Business and Professions Code and Sections 2876, 5322, and 5371.6 of the Public Utilities Code.
(7) An interruption of communication service that results from the execution of a search warrant.
(b) Nothing in this section provides authority for an action of a type listed in subdivision (a) or limits any remedy that may be available under law if an action of a type listed in subdivision (a) is taken unlawfully.
(Added by Stats. 2017, Ch. 322, Sec. 1. (AB 1034) Effective January 1, 2018.)