SECTIONS 11410-11414 - California Statutes

PENAL CODE

SECTION 11410-11414

11410. (a) The Legislature finds and declares that it is the right
of every person regardless of actual or perceived disability, gender,
nationality, race or ethnicity, religion, sexual orientation, or
association with a person or group of 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 terms "disability," "gender,"
"nationality," "race or ethnicity," "religion," "sexual orientation,"
and "association with a person or group with these actual or
perceived characteristics" have the same meaning as in Section 422.55
and 422.56.

11411. (a) Any person who hangs a noose, knowing it to be a symbol
representing a threat to life, on the private property of another,
without authorization, for the purpose of terrorizing the owner or
occupant of that private property or in reckless disregard of the
risk of terrorizing the owner or occupant of that private property,
or who hangs a noose, knowing it to be a symbol representing a threat
to life, on the property of a primary school, junior high school,
high school, college campus, public park, or place of employment, for
the purpose of terrorizing any person who attends or works at the
school, park, or place of employment, or who is otherwise associated
with the school, park, or place of employment, shall be punished by
imprisonment in a county jail not to exceed one year, or by a fine
not to exceed five thousand dollars ($5,000), or by both the fine and
imprisonment for the first conviction or by imprisonment in a county
jail not to exceed one year, or by a fine not to exceed fifteen
thousand dollars ($15,000), or by both the fine and imprisonment for
any subsequent conviction.
(b) Any person who places or displays a sign, mark, symbol,
emblem, or other physical impression, including, but not limited to,
a Nazi swastika, on the private property of another, without
authorization, for the purpose of terrorizing the owner or occupant
of that private property or in reckless disregard of the risk of
terrorizing the owner or occupant of that private property shall be
punished by imprisonment in a county jail not to exceed one year, by
a fine not to exceed five thousand dollars ($5,000), or by both the
fine and imprisonment for the first conviction and by imprisonment in
a county jail not to exceed one year, by a fine not to exceed
fifteen thousand dollars ($15,000), or by both the fine and
imprisonment for any subsequent conviction.
(c) Any person who engages in a pattern of conduct for the purpose
of terrorizing the owner or occupant of private property or in
reckless disregard of terrorizing the owner or occupant of that
private property, by placing or displaying a sign, mark, symbol,
emblem, or other physical impression, including, but not limited to,
a Nazi swastika, on the private property of another on two or more
occasions, shall be punished by imprisonment in the state prison for
16 months or 2 or 3 years, by a fine not to exceed ten thousand
dollars ($10,000), or by both the fine and imprisonment, or by
imprisonment in a county jail not to exceed one year, by a fine not
to exceed five thousand dollars ($5,000), or by both the fine and
imprisonment. A violation of this subdivision shall not constitute
felonious conduct for purposes of Section 186.22.
(d) Any person who burns or desecrates a cross or other religious
symbol, knowing it to be a religious symbol, on the private property
of another without authorization for the purpose of terrorizing the
owner or occupant of that private property or in reckless disregard
of the risk of terrorizing the owner or occupant of that private
property, or who burns, desecrates, or destroys a cross or other
religious symbol, knowing it to be a religious symbol, on the
property of a primary school, junior high school, or high school for
the purpose of terrorizing any person who attends or works at the
school or who is otherwise associated with the school, shall be
punished by imprisonment in the state prison for 16 months or 2 or 3
years, by a fine of not more than ten thousand dollars ($10,000), or
by both the fine and imprisonment, or by imprisonment in a county
jail not to exceed one year, by a fine not to exceed five thousand
dollars ($5,000), or by both the fine and imprisonment for the first
conviction and by imprisonment in the state prison for 16 months or 2
or 3 years, by a fine of not more than ten thousand dollars
($10,000), or by both the fine and imprisonment, or by imprisonment
in a county jail not to exceed one year, by a fine not to exceed
fifteen thousand dollars ($15,000), or by both the fine and
imprisonment for any subsequent conviction.
(e) As used in this section, "terrorize" means to cause a person
of ordinary emotions and sensibilities to fear for personal safety.
(f) The provisions of this section are severable. If any provision
of this section or its application is held invalid, that invalidity
shall not affect other provisions or applications that can be given
effect without the invalid provision or application.

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.

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 in the state prison 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 12303.3 or any other
provision of law in lieu of prosecution pursuant to this section.

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 in the state prison 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.

11414. (a) Any person who intentionally harasses the child or ward
of any other person because of that person's employment, is guilty of
a misdemeanor.
(b) For purposes of this section, the following definitions shall
apply:
(1) "Child" and "ward" mean a person under the age of 16 years.
(2) "Harasses" means knowing and willful conduct directed at a
specific child that seriously alarms, annoys, torments, or terrorizes
the child, and that serves no legitimate purpose. 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.
(c) A second conviction under this section shall be punished by
imprisonment in a county jail for not less than five days. A third or
subsequent conviction under this section shall be punished by
imprisonment in a county jail for not less than 30 days.