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California laws the Berkeley Chief of Police should enforce
Posted on 2/3/17 at 4:41 pm
Posted on 2/3/17 at 4:41 pm
I did some research and here are some California laws that the Berkeley Chief of Police should have enforced when the UC Berkeley riot began.
CALIFORNIA PENAL CODE SECTION 244
CALIFORNIA PENAL CODE SECTION 148.2
CAlIFORNIA PENAL CODE SECTION 244
CALIFORNIA PENAL CODE SECTION 404
CALIFORNIA PENAL CODE SECTION 404.6
CALIFORNIA PENAL CODE SECTION 405
CALIFORNIA PENAL CODE SECTION 406
CALIFORNIA PENAL CODE SECTION 407
CALIFORNIA PENAL CODE SECTION 409
quote:
CALIFORNIA PENAL CODE SECTION 151
quote:
(a) Any person who advocates the willful and unlawful killing or injuring of a peace officer, with the specific intent to cause the willful and unlawful killing or injuring of a peace officer, and such advocacy is done at a time, place, and under circumstances in which the advocacy is likely to cause the imminent willful and unlawful killing or injuring of a peace officer is guilty of (1) a misdemeanor if such advocacy does not cause the unlawful and willful killing or injuring of a peace officer, or (2) a felony if such advocacy causes the unlawful and willful killing or injuring of a peace officer.
(b) As used in this section, “advocacy” means the direct incitement of others to cause the imminent willful and unlawful killing or injuring of a peace officer, and not the mere abstract teaching of a doctrine.
(Added by Stats. 1971, Ch. 1248.)
CALIFORNIA PENAL CODE SECTION 244
quote:
Any person who willfully and maliciously places or throws, or causes to be placed or thrown, upon the person of another, any vitriol, corrosive acid, flammable substance, or caustic chemical of any nature, with the intent to injure the flesh or disfigure the body of that person, is punishable by imprisonment in the state prison for two, three or four years.
As used in this section, “flammable substance” means gasoline, petroleum products, or flammable liquids with a flashpoint of 150 degrees Fahrenheit or less.
(Amended by Stats. 1995, Ch. 468, Sec. 1. Effective January 1, 1996.)
CALIFORNIA PENAL CODE SECTION 148.2
quote:
Every person who willfully commits any of the following acts at the burning of a building or at any other time and place where any fireman or firemen or emergency rescue personnel are discharging or attempting to discharge an official duty, is guilty of a misdemeanor:
1. Resists or interferes with the lawful efforts of any fireman or firemen or emergency rescue personnel in the discharge or attempt to discharge an official duty.
2. Disobeys the lawful orders of any fireman or public officer.
3. Engages in any disorderly conduct which delays or prevents a fire from being timely extinguished.
4. Forbids or prevents others from assisting in extinguishing a fire or exhorts another person, as to whom he has no legal right or obligation to protect or control, from assisting in extinguishing a fire.
(Amended by Stats. 1973, Ch. 471.)
CAlIFORNIA PENAL CODE SECTION 244
quote:
Any person who willfully and maliciously places or throws, or causes to be placed or thrown, upon the person of another, any vitriol, corrosive acid, flammable substance, or caustic chemical of any nature, with the intent to injure the flesh or disfigure the body of that person, is punishable by imprisonment in the state prison for two, three or four years.
As used in this section, “flammable substance” means gasoline, petroleum products, or flammable liquids with a flashpoint of 150 degrees Fahrenheit or less.
(Amended by Stats. 1995, Ch. 468, Sec. 1. Effective January 1, 1996.)
CALIFORNIA PENAL CODE SECTION 404
quote:
(a) Any use of force or violence, disturbing the public peace, or any threat to use force or violence, if accompanied by immediate power of execution, by two or more persons acting together, and without authority of law, is a riot.
(b) As used in this section, disturbing the public peace may occur in any place of confinement. Place of confinement means any state prison, county jail, industrial farm, or road camp, or any city jail, industrial farm, or road camp, or any juvenile hall, juvenile camp, juvenile ranch, or juvenile forestry camp.
(Amended by Stats. 1995, Ch. 132, Sec. 1. Effective January 1, 1996.)
CALIFORNIA PENAL CODE SECTION 404.6
quote:
(a) Every person who with the intent to cause a riot does an act or engages in conduct that urges a riot, or urges others to commit acts of force or violence, or the burning or destroying of property, and at a time and place and under circumstances that produce a clear and present and immediate danger of acts of force or violence or the burning or destroying of property, is guilty of incitement to riot.
(b) Incitement to riot is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
(c) Every person who incites any riot in the state prison or a county jail that results in serious bodily injury, shall be punished by either imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170.
(d) The existence of any fact that would bring a person under subdivision (c) shall be alleged in the complaint, information, or indictment and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt, by the court where guilt is established by a plea of guilty or nolo contendere, or by trial by the court sitting without a jury.
(Amended by Stats. 2011, Ch. 15, Sec. 345. Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
CALIFORNIA PENAL CODE SECTION 405
quote:
Every person who participates in any riot is punishable by a fine not exceeding one thousand dollars, or by imprisonment in a county jail not exceeding one year, or by both such fine and imprisonment.
(Amended by Stats. 1957, Ch. 139.)
CALIFORNIA PENAL CODE SECTION 406
quote:
Whenever two or more persons, assembled and acting together, make any attempt or advance toward the commission of an act which would be a riot if actually committed, such assembly is a rout.
(Enacted 1872.)
CALIFORNIA PENAL CODE SECTION 407
quote:
Whenever two or more persons assemble together to do an unlawful act, or do a lawful act in a violent, boisterous, or tumultuous manner, such assembly is an unlawful assembly.
(Amended by Stats. 1969, Ch. 365.)
CALIFORNIA PENAL CODE SECTION 409
quote:
Every person remaining present at the place of any riot, rout, or unlawful assembly, after the same has been lawfully warned to disperse, except public officers and persons assisting them in attempting to disperse the same, is guilty of a misdemeanor.
(Enacted 1872.)
This post was edited on 2/3/17 at 4:48 pm
Posted on 2/3/17 at 4:43 pm to DawgfaninCa
Here's some more California laws the Berkeley Chief of Police should enforce.
CALIFORNIA PENAL CODE SECTION 410
CALIFORNIA PENAL CODE SECTION 416
CALIFORNIA PENAL CODE SECTION 375
CALIFORNIA PENAL CODE SECTION 647.c
CALIFORNIA PENAL CODE SECTION 410
quote:
If a magistrate or officer, having notice of an unlawful or riotous assembly, mentioned in this Chapter, neglects to proceed to the place of assembly, or as near thereto as he can with safety, and to exercise the authority with which he is invested for suppressing the same and arresting the offenders, he is guilty of a misdemeanor.
(Enacted 1872.)
CALIFORNIA PENAL CODE SECTION 416
quote:
(a) If two or more persons assemble for the purpose of disturbing the public peace, or committing any unlawful act, and do not disperse on being desired or commanded so to do by a public officer, the persons so offending are severally guilty of a misdemeanor.
(b) Any person who, as a result of violating subdivision (a), personally causes damage to real or personal property, which is either publicly or privately owned, shall make restitution for the damage he or she caused, including, but not limited to, the costs of cleaning up, repairing, replacing, or restoring the property. Any restitution required to be paid pursuant to this subdivision shall be paid directly to the victim. If the court determines that the defendant is unable to pay restitution, the court shall order the defendant to perform community service, as the court deems appropriate, in lieu of the direct restitution payment.
(c) This section shall not preclude the court from imposing restitution in the form of a penalty assessment pursuant to Section 1464 if the court, in its discretion, deems that additional restitution appropriate.
(d) The burden of proof on the issue of whether any defendant or defendants personally caused any property damage shall rest with the prosecuting agency or claimant. In no event shall the burden of proof on this issue shift to the defendant or any of several defendants to prove that he or she was not responsible for the property damage.
(Amended by Stats. 1989, Ch. 572, Sec. 1.)
CALIFORNIA PENAL CODE SECTION 375
quote:
(a) It shall be unlawful to throw, drop, pour, deposit, release, discharge or expose, or to attempt to throw, drop, pour, deposit, release, discharge or expose in, upon or about any theater, restaurant, place of business, place of amusement or any place of public assemblage, any liquid, gaseous or solid substance or matter of any kind which is injurious to person or property, or is nauseous, sickening, irritating or offensive to any of the senses.
(b) It shall be unlawful to manufacture or prepare, or to possess any liquid, gaseous, or solid substance or matter of any kind which is injurious to person or property, or is nauseous, sickening, irritating or offensive, to any of the senses with intent to throw, drop, pour, deposit, release, discharge or expose the same in, upon or about any theater, restaurant, place of business, place of amusement, or any other place of public assemblage.
(c) Any person violating any of the provisions hereof shall be punished by imprisonment in the county jail for not less than three months and not more than one year, or by a fine of not less than five hundred dollars ($500) and not more than two thousand dollars ($2,000), or by both that fine and imprisonment.
(d) Any person who, in violating any of the provisions of subdivision (a), willfully employs or uses any liquid, gaseous or solid substance which may produce serious illness or permanent injury through being vaporized or otherwise dispersed in the air or who, in violating any of the provisions of subdivision (a), willfully employs or uses any tear gas, mustard gas or any of the combinations or compounds thereof, or willfully employs or uses acid or explosives, shall be guilty of a felony and shall be punished by imprisonment pursuant to subdivision (h) of Section 1170.
(Amended by Stats. 2011, Ch. 15, Sec. 339. Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
CALIFORNIA PENAL CODE SECTION 647.c
quote:
Every person who willfully and maliciously obstructs the free movement of any person on any street, sidewalk, or other public place or on or in any place open to the public is guilty of a misdemeanor.
Nothing in this section affects the power of a county or a city to regulate conduct upon a street, sidewalk, or other public place or on or in a place open to the public.
(Amended by Stats. 1968, Ch. 122.)
This post was edited on 2/3/17 at 5:04 pm
Posted on 2/3/17 at 4:44 pm to DawgfaninCa
holy hell can I get a tldr
Posted on 2/3/17 at 4:48 pm to td01241
I guess they pick and choose which laws they would rather enforce, and too bad if women get assaulted or property is damaged
Posted on 2/3/17 at 4:54 pm to DawgfaninCa
They dont enforce immigration laws, you think theyre gonna enforce all that?
Posted on 2/3/17 at 5:07 pm to Cosmo
I know the Berkeley Chief of Police doesn't want this California law enforced.
quote:
CALIFORNIA PENAL CODE SECTION 410
quote:
If a magistrate or officer, having notice of an unlawful or riotous assembly, mentioned in this Chapter, neglects to proceed to the place of assembly, or as near thereto as he can with safety, and to exercise the authority with which he is invested for suppressing the same and arresting the offenders, he is guilty of a misdemeanor.
(Enacted 1872.)
Posted on 2/3/17 at 5:08 pm to DawgfaninCa
If ISIS wants to set off a dirty nuke in a US city, I've got a suggestion for them.
Posted on 2/3/17 at 5:12 pm to DawgfaninCa
Tldr...so I'll make it easier. All of them!!!! Shoulda shot those rascals.
Posted on 2/3/17 at 5:14 pm to DawgfaninCa
Them are a whole lot of words...
Posted on 2/3/17 at 5:24 pm to LSURussian
quote:
Them are a whole lot of words...
Them are a whole lot of laws...
Posted on 2/3/17 at 5:39 pm to DawgfaninCa
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