Penal Code Section 171b

Penal Code Section 171b – Unauthorized Possession of Weapons in Public Buildings and Meetings Penal Code Section 171b punishes individuals who bring specified weapons into public buildings and meetings open to the public. This blog post is for information purposes only.   In the author’s opinion, a person should always refrain from carrying anything even closely…

affidavit image

Penal Code Section 170 – Malicious Procurement of A Search or Arrest Warrant Under Penal Code Section 1701, any person who “maliciously” procures a search or arrest warrant without “probable cause” is guilty of a misdemeanor. A person acts “maliciously” if he intends to injure, annoy, or vex another person. A person acting with malice…

Penal Code Section 168

Penal Code Section 168 – Disclosing the Existence of a Search Warrant or Arrest Warrant Public officials are subject to felony prosecution for disclosing the existence of a search warrant or arrest warrant before it is served. Elements of the Offense: (1)A judge issued a search warrant or arrest warrant; (2)The defendant willfully disclosed the…

Penal Code Section 167

Penal Code Section 167 – Recording or Listening to a Trial Jury1 It is a misdemeanor to record or listen to the members of a trial jury if all of the following are true: The Defendant willfully and knowingly listened to, recorded or observed members of a trial jury, AND; The jurors did not know…

Penal Code Section 166 – Contempt of Court Penal Code Section 166(a) – Specified Acts of Contempt: Under Section 166(a), it is a misdemeanor to do the following: Interrupt a court proceeding in the direct view of the judge using disorderly, contemptuous or rude behavior.1 Interrupt a trial or hearing overseen by a referee using…

Penal Code Section 155.5 – Disposal of Property to Avoid Criminal Restitution Payments1 Penal Code Section 155.5 criminalizes certain attempts by criminal defendants to shield their assets from court-ordered restitution payments. Penal Code Section 155.5(a) – Misdemeanor Punishment for Specified Acts of Concealment Under Penal Code Section 155.5(a), the prosecution must prove the following elements…

Senate Bill 1030 Adds A Point to Driving Records

California Legislature Passes SB 1030 – Distracted Driving To Add a Point to Driving Record1 Senator Josh Newman (Fullerton) gained approval for Senate Bill 1030 on April 30th. If Governor Brown signs the Bill into law, insurance companies will add a point to the driving record of any person caught operating a cellular telephone while…

police beating

Penal Code Section 149 – Assault Under Color of Authority1 Penal Code Section 149 punishes public officers who unlawfully beat or assault any person under color of authority but without lawful necessity. Officers who use excessive force may qualify for prosecution under Section 149.2 Punishment under Penal Code Section 149: A fine of up to…

False Identification to a Peace Officer

Penal Code Section 148.9 – Providing False Identification to a Peace Officer Elements of the Offense – Penal Code Section 148.9(a)1 The prosecutor must prove the following elements beyond a reasonable doubt: The Defendant falsely identified or represented himself as another person or a fictitious person to a peace officer; AND The Defendant was lawfully detained…

Penal Code Section !48.5 sets forth misdemeanor punishment for those who knowingly make false reports of criminal activity to law enforcement.

Penal Code Section 148.5 – False Report of a Crime1 Penal Code Section 148.5 offers misdemeanor punishment for any person who knowingly makes a false report of a crime. Penal Code Section 148.5(a) Elements of a Section 148.5(a) charge:  The Defendant reported to a peace officer or prosecutor that a felony or misdemeanor crime has…