Advice

Boating Under Influence

In a land surrounded by the beach, these kinds of laws are necessary. It’s quite a serious offense under the California Harbors and Navigation Code 655.

Penalties may include from 16 months to 3 years jail time, along with a fine of up to $1000.

Carjacking

This kind of offense is a felony according to the Californian law. According to the Penal Code § 215, this crime is punishable by a prison sentence of 2 to 4 years along with a fine for up to $10,000.

The sentence may be increased for a time of nine years, depending on the kind of damage caused by the act.

Carrying a Weapon

There are two sub kinds of offenses that come under this category:

  • Carrying a concealed weapon – According to the Penal Code § 25400 PC, this act is punishable by 1 year of county jail and/or a $1000 fine.
  • Carrying a loaded firearm – According to the Penal Code § 25850 PC, this act is punishable by a jail time of 16 months to 3 years, along with a $10,000 fine.

Child Abduction

Also known as “child stealing”, it means taking a child away without the awareness or/and permission of the parent/legal guardian, unless you have the legal authority to do so. The offense is punishable by the Penal Code § 278 PC, which is a wobbler, it means that the act can either be categorized as a misdemeanor or a felony – depending on which one’s punishment would be decided.

For a misdemeanor: 1 year in county jail along with a $1000 fine.

For a felony: Up to four years sentence in California State prison, and a $10,000 fine.

Child Abuse

Causing harm to a child in a physical or psychological manner, both, constitutes as child abuse.

  • Hitting a child (slap, push, beating them in any way.)
  • Getting into a fight with a teenager (still constitutes as a minor, hence child.)
  • Sexual or emotional abuse causing physical or mental scarring.

According to the law, Penal Code §273d PC is a wobbler, which means the punishment depends on the extent of the act.

For misdemeanor:  maximum sentence of 2 year in jail.

For felony: minimum 2 to up to 6 years, depending on the severity of the felony.

Child Pornography

This act constitutes as a severe felony, and the offender is viable for punishment according to the following Penal Codes:

  • 311.1 and § 311.2: create, send, own, or replicate.
  • 311.3: sexual exploitation of a minor.
  • 311.4: hiring a child/minor for pornography.
  • 311.10: advertising.
  • 311.11: owning child pornography.

The penalty for this crime can differ from offense to offense; it is also a wobbler, which means:

For misdemeanor: 1 year in county jail and a $2,500 fine.

For felony: staring from 16 months up to 8 years in jail.

Child Negligence

This act refers to a failure in providing proper care for a child/minor under your responsibility.

The Penal Code for this act is § 270, which counts as misdemeanor. The penalties include jail time of 1 year, or a $2000 fine – or both.

 

This was another installment in the Common California Crimes. For further information and assistance, contact Kosnett Law.


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