Of Crimes and PunishmentsOf Crimes Against the Public Health and Safety
Section § 369
This law highlights the need for rail transit traffic safety programs in California. It emphasizes the importance of educating the public about the dangers of ignoring rail-related traffic safety laws and suggests increasing penalties for violations. It notes the lack of a coordinated statewide approach to address this issue and educate the public.
The law allows transportation commissions or authorities in counties with populations over 500,000 to create educational materials, including films, to be used in traffic schools to reduce rail-related accidents.
Section § 369
This law applies to counties in California with populations over 500,000. If someone is convicted of a rail transit-related traffic violation, the court can order them to go to a traffic school that includes a film about rail transit safety made by a transportation authority.
For a first-time offense, the person might have to attend such a school, take an internet rail safety test, watch a safety film, pay an extra $100 fine, or a combination of these. For repeated offenses, the court must impose a fine of up to $200 and require participation in the rail safety programs.
All collected fines from these violations are distributed according to certain sections of the law.
Section § 369
This law states that if someone enters or crosses a railroad at a private crossing with bars or gates, they must close and secure the gate afterward. Failing to do so is considered a misdemeanor.
Section § 369
This law makes it illegal to ride, drive, or move a vehicle on railroad tracks without permission. If someone does this, they are committing a misdemeanor. This applies to both private railways and those owned by county transport agencies. You must have authorization from the appropriate authority in charge to be on these tracks legally.
Section § 369
This law makes it illegal for anyone to set up signs or lights near railroad tracks if they could be mistaken for actual railroad signals. This poses a danger because it might confuse train operators and cause accidents, creating a public nuisance. However, official traffic signs or signals placed by public authorities for controlling road traffic near railways aren't considered a violation of this law.
Section § 369
This law states that if someone enters or stays on railroad or transit-related property without permission, and their presence interferes with the safe and efficient operation of trains or transit facilities, they can be charged with a misdemeanor. Railroad property includes tracks and adjacent areas. Transit-related property includes land, facilities, and vehicles used for public transport, such as buses and trains. However, it allows picketing near these properties to inform the public about labor disputes.
Section § 370
This law defines a public nuisance as anything harmful to health, indecent, or offensive to the senses that interferes with the enjoyment of life or property for a community or significant group. It also includes anything that illegally blocks common access to waterways or public spaces like streets, parks, and highways.
Section § 371
This law states that an act can still be considered a nuisance even if it affects different people in a community or neighborhood to varying degrees. In other words, just because not everyone is equally bothered or harmed by the act doesn't mean it isn't a nuisance.
Section § 372
Section § 372.5
This law describes how public nuisance charges are treated when related drug charges are dismissed as part of a plea deal. If infraction charges for drug-related activities are dismissed, the nuisance is fined up to $250. If misdemeanor drug charges are dismissed, the nuisance can be punished by a fine up to $1,000, a year in jail, or both, or as an infraction with a $250 fine. If felony drug charges are dismissed, punishment for the nuisance can be 16 months to 3 years in prison or up to a year in county jail. The term 'drug' is defined as in Section 11014 of the Health and Safety Code.
Section § 372.7
This law specifies that local law enforcement cannot sue or threaten businesses with legal action just because they report retail crimes, unless the business knowingly makes a false report.
Section § 373
If you own or rent a property, and you allow a public nuisance to continue there after you've been given formal written notice to fix it by an official like a health officer, district attorney, or city attorney, you're committing a misdemeanor. Each day the nuisance remains after the notice counts as a new offense. It's the responsibility of the district attorney or city attorney to keep taking legal action until the nuisance is resolved and removed.
Section § 374
Section § 374
If you provide information that helps convict someone for certain environmental violations, you can get a reward. This reward is half of the fine that the offender must pay.
The reward comes from whatever fines are collected from the violator and is processed by the court. If the reward needs to be split among multiple people, it's divided equally. This reward is prioritized and paid out first, before any other mandatory distributions of the fine.
Section § 374
If someone fires a gun from or on a public road or highway, they're committing a misdemeanor offense.
Section § 374
This law makes it a misdemeanor to either let a dead animal you owned remain within 100 feet of public roads or places in use, or to place a dead animal within that distance of any public road. Basically, if your animal dies, make sure its carcass isn't left where people pass by, or you could face legal trouble.
Section § 374.2
This section makes it illegal to intentionally dump anything that could damage a public sewer system without permission from the governing authority. It's also illegal to dump unusually large amounts of other substances into these systems. "Maliciously" means doing this on purpose, knowing it's wrong. A person can be an individual or a business entity. Ignorance about whether the sewer is public is not an excuse. If someone breaks this law, they can face up to one year in jail, a fine up to $25,000, or both. Repeat offenders face harsher penalties.
Section § 374.3
This law makes it illegal to dump waste on public or private property, including roads, without permission. If caught, you could face fines and penalties. The law is stricter if waste is dumped in large amounts (commercial quantities), possibly resulting in jail time and higher fines. Repeat offenses lead to increased penalties.
If you're found guilty, the court may order you to clean up the dumped waste or cover the cleanup costs, and possibly perform community service by picking up trash. Business owners who dump waste might see their violations recorded on their business profiles.
Fines vary for individuals and businesses, and courts consider a person’s ability to pay when setting these fines. Dumping materials like rocks, concrete, or used tires has specific considerations as these fines can be higher.
Section § 374.4
This California law makes it illegal to litter on public or private property, defining litter as small amounts of waste like beverage containers and packaging. Violators can face fines ranging from $250 to $3,000, depending on whether it's their first or subsequent offense. The law allows private property use unless the litter poses a public health, safety, or fire risk, in which case it applies. Courts can also require those convicted to spend time picking up litter as part of their probation.
Section § 374.5
This law makes it illegal for grease waste haulers to improperly dispose of materials from grease traps or interceptors, like dumping it back into sewers or bodies of water. However, local sewer authorities can allow reinsertion of decanted liquid if the hauler is registered and meets specific conditions, such as using proper equipment and notifying the grease trap owner.
Transporting grease waste in the same vehicle with other waste types is also prohibited. Violations of this law may lead to misdemeanor charges, with potential fines and imprisonment, which increase for repeated offenses.
Fines collected are distributed to environmental enforcement and local agencies involved. In cases of repeated violations, a court may ban the offender from grease waste hauling for up to five years.
Section § 374.7
This law makes it a misdemeanor to litter or dump waste into bodies of water or within 150 feet of their high water marks. If someone is caught and convicted, they will face fines that increase with each offense: $250 to $1,000 for the first offense, $500 to $1,500 for the second, and $750 to $3,000 for the third or more. Additionally, the court can require offenders to pick up litter for at least eight hours as part of their probation.
Section § 374.8
This law states that someone who knowingly deposits hazardous substances on public roadways, other people's property, or into state waters without permission can face jail time up to three years, fines up to $10,000, or both, unless the act was due to an emergency that was promptly reported. "Hazardous substances" are materials that could harm people or the environment, and include substances for which manufacturers need to prepare safety data sheets, radioactive materials, and substances described as hazardous by federal regulations.
Section § 375
This law makes it illegal to throw, drop, or release any harmful or offensive substance in public places like theaters or restaurants. It also prohibits making or possessing such harmful substances with the intent to use them in public areas.
If someone breaks this law, they can face jail time of up to a year, a fine between $500 and $2,000, or both. Additionally, if someone uses substances like tear gas or explosives to cause harm, it becomes a more severe crime, punishable by more serious imprisonment.
Section § 377
This law says that if someone pretends to be a doctor or someone who can prescribe medicine, or claims to be acting on their behalf, to get prescription drugs over the phone from a pharmacist, they are committing a crime. Specifically, it's a misdemeanor, which is a less serious crime but still illegal.
Section § 379
This law makes it illegal for anyone to sell or give Salvia divinorum or Salvinorin A, which are substances known for their hallucinogenic properties, to anyone under 18 years old. If someone does, they can be charged with a misdemeanor, which might result in up to six months in county jail, a fine of up to $1,000, or both.
Section § 380
This law makes it illegal to sell or give products containing toluene to anyone under 18. Violating this is a misdemeanor, with fines from $1,000 to $2,500 or up to a year in jail. If someone knowingly breaks this law again after already being convicted, they risk losing their business license for a year unless they can show they tried to stop illegal sales by their employees.
The rule covers items like glue, cement, paint thinners, or anything similar that people might inhale to get high, but it doesn't include gasoline. It also makes exceptions for certain adhesives certified to be unpleasant or sneeze-inducing and those sold as part of model or craft kits.
Section § 381
This law makes it illegal for a person to possess items like glue, cement, or substances containing toluene with the intention of inhaling them to get high, feel euphoric, or alter their mental state. It also applies to being under the influence of these substances. Doing so is considered a misdemeanor.
Additionally, it covers substances determined by the State Department of Public Health to have similar toxic qualities to toluene. Possession of these with the intent to use them for intoxication or actually being under their influence is also a misdemeanor.
Section § 381
This law says that if you are involved in buying or selling dairy products like milk, cream, or butter, based on their richness or cream/butter-fat content, you must use accurate testing equipment. If you use faulty or fake testing methods to cheat others or report wrong results, you can be charged with a misdemeanor. If found guilty, you can be fined up to $1,000 or spend up to six months in jail.
Section § 381
This law makes it illegal to have nitrous oxide (commonly known as laughing gas) if you plan to use it to get high, feel lightheaded, or alter your senses in any way. If you're caught doing this, it's considered a misdemeanor. However, this rule doesn't apply if you're using nitrous oxide under the care of a licensed medical professional for health treatments, like in a dentist's office.
Section § 381
This law makes it illegal to sell, give, or offer to give nitrous oxide (laughing gas) to anyone under 18. If someone believes the minor is over 18, they need to prove it if charged. Sellers can refuse to sell if there's no proof of age.
For repeat offenders, the court can suspend their business license unless they show efforts to prevent selling to minors. Exemptions exist for medical or dental use and food products using nitrous oxide as propellant.
Section § 381
If someone provides nitrous oxide to a person, knowing it will be used illegally and that use causes serious injury or death, they're committing a misdemeanor. They can face up to six months in jail, a fine of up to $1,000, or both.
This law doesn't stop the person from being prosecuted under other laws.
Section § 381
If you sell or give out nitrous oxide in California, you need to keep a written or electronic record of each transaction for one year. The buyer must sign this record and provide their address and valid ID. These records must be available for inspection by law enforcement with a search warrant. The record also has to inform buyers about the dangers of inhaling nitrous oxide outside of medical settings and state laws against using it to get high. The law doesn't apply to medical use, food products, or wholesalers. Information collected must remain confidential and any misuse of this information can lead to misdemeanor charges with possible jail time or fines.
Section § 382
This law makes it illegal to tamper with food, drinks, drugs, medicine, and alcoholic beverages by adulterating or diluting them with the intent to fraudulently sell them as pure. It's also illegal to sell or offer these altered products while pretending they are unaltered. If someone asks for a specific item, selling a different one without informing the buyer is also considered fraudulent. Breaking this law is a misdemeanor. However, if a retail seller can prove with a written guarantee that they bought the product in this altered state from someone else, they won't be convicted.
Section § 382.4
It's illegal for anyone who isn't a licensed veterinarian to give succinylcholine to dogs or cats. If you break this law, it's considered a misdemeanor.
Section § 382.5
If someone sells, gives, or prescribes a chemical called dinitrophenol for any reason, they can be charged with a serious crime. They might have to pay a fine of $1,000 to $10,000, go to prison, or face both penalties.
However, this law does not apply if dinitrophenol is made or sold as a registered poison for economic purposes, or if it’s used in manufacturing or for scientific research and not for human use.
Section § 382.6
If someone sells, gives out, administers, or prescribes chemicals like diphenylamine, paraphenylenediamine, or paratoluylenediamine for use as eyebrow and eyelash dye, they're committing a felony. This crime can lead to a fine between $1,000 and $10,000, imprisonment, or both.
Section § 382.7
This law makes it a misdemeanor to knowingly give out, prescribe, or use liquid silicone for injections into human breasts.
Section § 383
This law makes it a crime to knowingly sell, offer, or distribute any food, drink, drug, or medicine that is spoiled, adulterated, or unfit for consumption, with the intention for it to be consumed. If convicted, a person may face a fine of up to $1,000, imprisonment for up to six months, or both. The court can also require payment for inspection expenses.
Drugs are considered adulterated if they don't meet designated standards in recognized pharmacopeias or advertised standards. Food is considered adulterated if it's mixed with substances that lower its quality, has ingredients substituted or removed, imitates another product, contains damaged or infected materials, is deceptively enhanced in appearance, or includes harmful additives.
Section § 383
If you sell, offer for sale, or have stale, rancid, or decomposed butter that's been processed to look like fresh dairy butter, you're committing a misdemeanor. You have to clearly label it as "process butter" or "renovated butter" in big, half-inch letters on every package to let buyers know what they're really getting.
Section § 383
This law makes it illegal to falsely label or sell food, specifically meat or meat preparations, as 'kosher' if they do not meet strict Jewish dietary standards. If a business sells both kosher and non-kosher items, they must clearly indicate this on their signs and advertisements with specific wording. Violation of these rules can lead to a misdemeanor charge, resulting in fines or jail time.
'Kosher' refers to compliance with Jewish laws regarding animal slaughter and food preparation, ensuring everything from the tools used to the cooking process adheres to religious standards.
Section § 383
This law makes it illegal to falsely represent meat, meat preparations, or other food products as halal if they do not meet Islamic religious standards. "Halal" refers to strict compliance with Islamic laws regarding the preparation and handling of food. Selling both halal and nonhalal products in the same place requires clear signage indicating this distinction. Violators can face fines between $100 to $600 and/or jail time ranging from 30 to 90 days. The law emphasizes the importance of accurate labeling and advertising to prevent consumer deception.
Section § 384
This law says it's a misdemeanor if someone refuses to give up a shared telephone line when it's needed for emergency services like calling police, fire, or medical help, or if someone falsely claims they need the line for an emergency. A 'party line' is a shared phone line used by multiple people. The law also requires telephone directories to include a warning about this rule, except for business directories. If a phone service provider distributes directories without this warning, they too commit a misdemeanor.
Section § 384
This law makes it illegal to intentionally or carelessly cut, destroy, or remove plants from state or county highway areas, public land, or land not yours without a written permit from the landowner. Selling or transporting these plants without permission is also forbidden. 'Plant material' includes various types of plants or parts of them, and leaf mold. If you need to cut or remove plants, the permit must be notarized, documented, and filed with the sheriff unless it's a small amount (five pounds or less). Law enforcement or forestry personnel can enforce these rules and confiscate unlawfully handled plants. However, there are exceptions for state employees working on roads, public utility work, logging, or fire suppression. Breaking this law can result in a fine up to $1,000, jail time up to six months, or both.
Section § 384
This section defines important terms used in Sections 384c to 384f. It explains that a "person" includes an employee whose only pay is wages. A "permit" refers to the permit needed as per Section 384a. A "tree" is any evergreen tree harvested with its limbs and leaves intact. A "shrub" includes certain plants like cacti and Joshua trees, harvested with their limbs and leaves intact, but not their fruit.
A "bough" is any branch or leaves removed from an evergreen tree. "Peace officer" covers certain fire wardens and personnel from forestry and US forest services. "Harvest" means to cut and take a plant from where it grows, and a "harvester" is someone who does this.
Section § 384
If you're buying trees, shrubs, or boughs and plan to transport more than five trees or five pounds on public roads in California, you need a transportation tag from the seller. If you're harvesting from your own or someone else's land, you must apply for this tag with the sheriff in the county where the plants will be taken from. You cannot transport or sell large amounts without it.
The application for tags requires detailed information, including your name, the amount and kind of plants, the county and the property they come from, the owner’s name, your permit number if needed, where the plants are going, and when. You also need to prove ownership or have the proper permit if required.
Section § 384
In California, if you want to transport harvested trees, shrubs, or boughs within a county, you need to apply for transportation tags from the county sheriff's office. This application requires a permit or proof of ownership. The tags must be stamped with the county seal and include your timber operator permit number if you have one. Each load of transported goods must have a tag.
When selling these harvested goods, the harvester must provide a bill of sale and a transportation tag for each load to the buyer. Buyers or harvesters transporting their own goods need to have the transportation tag validated by a peace officer. If there isn’t one nearby, you can use one from an adjacent county.
The transportation tag comes in two parts: one for the transporter and one for the peace officer, who will send it to the county sheriff. Tags are free and valid only for the approved dates. They must include details like the owner's information, vehicle details, and the transport route.
Section § 384
If you're transporting trees, shrubs, or boughs, you must show a valid transportation tag to a police officer if they ask for it. If you can't provide this tag when asked, the officer can take the whole load into protective custody until you prove you have the legal right to transport these items.
Section § 384
Anyone who breaks the rules set out in Sections 384b to 384f is committing a misdemeanor. If convicted, they can be fined up to $1,000, jailed for up to six months, or face both penalties.
Section § 384
If you're hunting on someone else's fenced property in California and you intentionally or carelessly kill or hurt an animal that belongs to someone, you can be charged with a misdemeanor.
Section § 384
This law explains exceptions to specific rules about the handling of native desert plants. It states that certain sections don't apply to maintenance and construction work done by public agencies, as well as to native desert plants that are grown by humans and transported under certain conditions with a nursery stock certificate. Additionally, these rules do not apply to activities regulated under another set of agricultural laws.
Section § 384.5
If you remove and transport minor forest products from a property on public roads, you must have a valid bill of sale or a written permit from the property owner. This document should contain details like the landowner's and purchaser's information, the type and amount of products, property description, and permit dates. Permits from the U.S. Forest Service or Bureau of Land Management are also acceptable, even if they don't include all these details. Minor forest products include items like firewood and burlwood above certain quantities.
This law doesn't apply to products carried in a passenger vehicle. Violating this requirement can lead to fines up to $1,000, jail time up to six months, or both.
Section § 385
This law sets rules about high voltage electrical lines, which are those with more than 750 volts. It specifically refers to overhead conductors, which are electrical lines above ground, unless protected by a strong metal covering.
It is illegal to operate, place, or move any object or equipment within six feet of a high voltage overhead line, which counts as a misdemeanor. Special equipment like cranes or drills need a visible sign warning against such operations near high voltage lines, or it's a separate violation each day the sign is missing.
The rule doesn't apply to authorized workers handling the lines or equipment, or to standard rail operations and emergency rail equipment.
Section § 386
This law makes it a crime to intentionally create or maintain a non-working or ineffective fire-protection system in a building, which poses a risk to the safety of its occupants in case of a fire. If someone gets seriously injured or dies as a result, the offender faces harsher penalties. Fire-protection systems refer to things like sprinkler systems, standpipes, extinguishing systems, and fire alarms. Each has specific definitions and functions meant to protect people and properties from fire damage.
Section § 387
This law makes it a crime for corporations, limited liability companies, or managers to knowingly hide serious dangers related to their products, equipment, or practices. If a manager or company knows about a potential risk that could cause death or serious injury, they must notify the relevant government authority and warn their employees within a certain timeframe (usually 15 days or immediately if there's an imminent threat). Failure to do so can lead to fines or imprisonment. However, if they reasonably believe they're notifying the right agency or if the hazard is fixed quickly, they might avoid penalties. The law defines key terms like 'serious concealed danger,' emphasizing the presence of substantial risk to safety that's not obvious.
Section § 395
This law makes it illegal for anyone to intentionally lie or spread false information to influence the market price of any type of property. If someone does this, they can be charged with a misdemeanor.
Section § 396
This law is designed to prevent price gouging during or shortly after emergencies, such as natural disasters or pandemics, by limiting the amount prices for essential goods and services can be raised. When an official emergency is declared, businesses cannot increase prices for essentials by more than 10% over the price prior to the emergency, with some exceptions if they can prove increased costs. This rule applies to items like food, gasoline, medical supplies, and housing. For housing rentals, the increase is limited to 10% unless specific cost conditions apply. The law also prevents eviction and re-renting at a higher price during emergencies. Violating these rules is considered a misdemeanor and unfair competition, bringing penalties like fines and jail time.
Section § 396.5
This law makes it illegal for stores or people to trade anything except approved food items in exchange for CalFresh benefits, which are similar to food stamps. Breaking this law can lead to a misdemeanor charge, with penalties including a fine up to $5,000, jail time up to 90 days, or both.
Section § 397
This law makes it illegal to sell or provide alcohol to someone who is known to be a habitual drunkard or has been declared legally incompetent or insane if they haven't had their legal capacity restored. Doing so is considered a misdemeanor crime.
Section § 398
If you own or are responsible for an animal that bites someone and breaks their skin, you must provide your contact details and the animal's information to the bitten person within 48 hours. This includes your name, address, phone number, and the pet's name and license number. If the animal should be vaccinated against rabies by law, you must also inform them about the vaccination status within the same timeframe. If you're a minor, give the details of a responsible adult instead. Not following these rules can lead to a fine of up to $100.
Section § 399
If someone owns or is responsible for a dangerous animal and knows it can cause harm, they must keep it under control. If they let it roam freely or don't properly care for it and it kills someone who was being careful, the owner can be charged with a felony.
If the animal injures someone seriously in similar circumstances, the owner might face either a misdemeanor or a felony charge, depending on the situation.
Section § 399.5
If you own or control a dog trained to fight or attack and it ends up biting someone due to your negligence, you could face serious legal consequences, including jail time or hefty fines. However, you can only be held accountable if you knew or should have known the dog was dangerous and the victim didn't take reasonable precautions.
If convicted, the court will review the situation to see if anything has changed to reduce the risk the dog poses to people. They can order steps like moving or even euthanizing the dog to prevent future incidents.
The law doesn't apply if the bite victim was trespassing, provoking the dog, or if the dog was part of military or police duty at the time. Additionally, this section doesn't affect other legal responsibilities dog owners have under different laws.
Veterinarians, animal control officers, and peace officers with police dogs are exempt while performing their duties.
Section § 401
This law states that if you intentionally help, advise, or encourage someone to commit suicide, you're committing a serious crime known as a felony. However, if you follow the rules of the End of Life Option Act (a different law that allows for assisted dying under specific conditions), you won't be charged under this section.
Section § 402
This law makes it a misdemeanor for anyone to go to or stop at an emergency scene just to watch, if they end up blocking police, firefighters, medics, or military personnel from doing their jobs. This includes using drones to view the scene. It also penalizes anyone who knowingly interferes with a lifeguard trying to do their job during an emergency. Emergencies in this context include events like accidents, natural disasters, and toxic spills that lead to injury or damage.
Section § 402
This law makes it illegal to add harmful substances like terra alba to candy. If someone makes, sells, or tries to sell candy they know is contaminated with such substances, they can be charged with a misdemeanor.
Section § 402
This law makes it a misdemeanor to leave certain unused appliances like refrigerators or washers in places where children can access them if their doors can still latch or lock. To comply, the doors, hinges, and latch mechanisms should be removed to prevent children from getting trapped inside. Owners or managers who knowingly leave such appliances in this condition are also committing a misdemeanor. However, being guilty under this law doesn’t automatically make someone responsible for more serious crimes like manslaughter if a child gets trapped.
The law doesn't apply to sellers who store these appliances for sale, as long as they take steps to secure the doors to prevent children from entering.
Section § 402
If you sell a new refrigerator, icebox, or deep-freeze in California with a capacity of two cubic feet or more, make sure it doesn't have a lock that takes more than 15 pounds of force to open from the inside. Otherwise, you could be charged with a misdemeanor.