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Part 8, Section 9
California
PENAL CODE Sections Pertaining to Notaries Public
§ 17.
(a) A felony is a crime
which is punishable with death or by imprisonment in the state prison.
Every other crime or public offense is a misdemeanor except those
offenses that are classified as infractions. * * *
§ 115.5.
(a) Every
person who files any false or forged document or instrument with the
county recorder which affects title to, places an encumbrance on, or
places an interest secured by a mortgage or deed of trust on, real
property consisting of a single-family residence containing not more
than four dwelling units, with knowledge that the document is false or
forged, is punishable, in addition to any other punishment, by a fine
not exceeding seventy-five thousand dollars ($75,000).
(b) Every person who
makes a false sworn statement to a notary public, with knowledge that
the statement is false, to induce the notary public to perform an
improper notarial act on an instrument or document affecting title to,
or placing an encumbrance on, real property consisting of a
single-family residence containing not more than four dwelling units is
guilty of a felony.
§ 118.
(a) Every
person who, having taken an oath that he or she will testify, declare,
depose, or certify truly before any competent tribunal, officer, or
person, in any of the cases in which the oath may by law of the State of
California be administered, willfully and contrary to the oath, states
as true any material matter which he or she knows to be false, and every
person who testifies, declares, deposes, or certifies under penalty of
perjury in any of the cases in which the testimony, declarations,
depositions, or certification is permitted by law of the State of
California under penalty of perjury and willfully states as true any
material matter which he or she knows to be false, is guilty of
perjury. This subdivision is applicable whether the statement, or the
testimony, declaration, deposition, or certification is made or
subscribed within or without the State of California.
(b) No person shall be
convicted of perjury where proof of falsity rests solely upon
contradiction by testimony of a single person other than the defendant.
Proof of falsity may be established by direct or indirect evidence.
§ 126.
Perjury is punishable by
imprisonment in the state prison for two, three or four years.
§ 470
(a) Every person who, with the intent to defraud, knowing that he
or she has no authority to do so, signs the name of another person or of a
fictitious person to any of the items listed in subdivision (d) is guilty of
forgery.
(b) Every person who, with the intent to defraud, counterfeits or forges the
seal or handwriting of another is guilty of forgery.
(c) Every person who, with the intent to defraud, alters, corrupts, or falsifies
any record of any will, codicil, conveyance, or other instrument, the record of
which is by law evidence, or any record of any judgment of a court or the return
of any officer to any process of any court, is guilty of forgery.
(d) Every person who, with the intent to defraud, falsely makes, alters, forges,
or counterfeits, utters, publishes, passes or attempts or offers to pass, as
true and genuine, any of the following items, knowing the same to be false,
altered, forged, or counterfeited, is guilty of forgery: any check, bond, bank
bill, or note, cashier's check, traveler's check, money order, post note, draft,
any controller's warrant for the payment of money at the treasury, county order
or warrant, or request for the payment of money, receipt for money or goods,
bill of exchange, promissory note, order, or any assignment of any bond, writing
obligatory, or other contract for money or other property, contract, due bill
for payment of money or property, receipt for money or property, passage ticket,
lottery ticket or share purporting to be issued under the California State
Lottery Act of 1984, trading stamp, power of attorney, certificate of ownership
or other document evidencing ownership of a vehicle or undocumented vessel, or
any certificate of any share, right, or interest in the stock of any corporation
or association, or the delivery of goods or chattels of any kind, or for the
delivery of any instrument of writing, or acquittance, release or discharge of
any debt, account, suit, action, demand, or any other thing, real or personal,
or any transfer or assurance of money, certificate of shares of stock, goods,
chattels, or other property whatever, or any letter of attorney, or other power
to receive money, or to receive or transfer certificates of shares of stock or
annuities, or to let, lease, dispose of, alien, or convey any goods, chattels,
lands, or tenements, or other estate, real or personal, or falsifies the
acknowledgment of any notary public, or any notary public who issues an
acknowledgment knowing it to be false; or any matter described in subdivision
(b).
* * *
487. Grand theft is theft committed in
any of the following cases:
(a) When the money, labor, or real or personal property taken is of
a value exceeding four hundred dollars ($400), except as provided in
subdivision (b).
(b) Notwithstanding subdivision (a), grand theft is committed in
any of the following cases:
(1) (A) When domestic fowls, avocados, olives, citrus or deciduous
fruits, other fruits, vegetables, nuts, artichokes, or other farm crops
are taken of a value exceeding one hundred dollars ($100).
(B) For the purposes of establishing that the value of avocados or
citrus fruit under this paragraph exceeds one hundred dollars ($100),
that value may be shown by the presentation of credible evidence which
establishes that on the day of the theft avocados or citrus fruit of the
same variety and weight exceeded one hundred dollars ($100) in wholesale
value.
(2) When fish, shellfish, mollusks, crustaceans, kelp, algae, or
other aquacultural products are taken from a commercial or research
operation which is producing that product, of a value exceeding one
hundred dollars ($100).
(3) Where the money, labor, or real or personal property is taken
by a servant, agent, or employee from his or her principal or employer
and aggregates four hundred dollars ($400) or more in any 12 consecutive
month period.
(c) When the property is taken from the person of another.
(d) When the property taken is any of the following:
(1) An automobile, horse, mare, gelding, any bovine animal, any
caprine animal, mule, jack, jenny, sheep, lamb, hog, sow, boar, gilt,
barrow, or pig.
(2) A firearm.
(e) This section shall become operative on January 1, 1997.
530.5. (a) Every person who willfully
obtains personal identifying information, as defined in subdivision (b)
of Section 530.55, of another person, and uses that information for any
unlawful purpose, including to obtain, or attempt to obtain, credit,
goods, services, real property, or medical information without the
consent of that
person, is guilty of a public offense, and upon conviction therefor,
shall be punished by a fine, by imprisonment in a county jail not to
exceed one year, or by both a fine and imprisonment, or by imprisonment
in the state prison.
(b) In any case in which a person willfully obtains personal
identifying information of another person, uses that information to
commit a crime in addition to a violation of subdivision (a), and is
convicted of that crime, the court records shall reflect that the person
whose identity was falsely used to commit the crime did not commit the
crime.
(c) (1) Every person who, with the intent to defraud, acquires or
retains possession of the personal identifying information, as defined
in subdivision (b) of Section 530.55, of another person is guilty of a
public offense, and upon conviction therefor, shall be punished by a
fine, by imprisonment in a county jail not to exceed one year, or by
both a fine and imprisonment.
(2) Every person who, with the intent to defraud, acquires or
retains possession of the personal identifying information, as defined
in subdivision (b) of Section 530.55, of another person, and who has
previously been convicted of a violation of this section, upon
conviction therefor shall be punished by a fine, by imprisonment in a
county jail not to exceed one year, or by both a fine and imprisonment,
or by imprisonment in the state prison.
(3) Every person who, with the intent to defraud, acquires or
retains possession of the personal identifying information, as defined
in subdivision (b) of Section 530.55, of 10 or more other persons is
guilty of a public offense, and upon conviction therefor, shall be
punished by a fine, by imprisonment in a county jail not to exceed one
year, or by both a fine and imprisonment, or by imprisonment in the
state prison.
(d) (1) Every person who, with the intent to defraud, sells,
transfers, or conveys the personal identifying information, as defined
in subdivision (b) of Section 530.55, of another person is guilty of a
public offense, and upon conviction therefor, shall be punished by a
fine, by imprisonment in a county jail not to exceed one year, or by
both a fine and imprisonment, or by imprisonment in the state prison.
(2) Every person who, with actual knowledge that the personal
identifying information, as defined in subdivision (b) of Section
530.55, of a specific person will be used to commit a violation of
subdivision (a), sells, transfers, or conveys that same personal
identifying information is guilty of a public offense, and upon
conviction therefor, shall be punished by a fine, by imprisonment in the
state prison, or by both a fine and imprisonment.
(e) Every person who commits mail theft, as defined in Section 1708
of Title 18 of the United States Code, is guilty of a public offense,
and upon conviction therefor shall be punished by a fine, by
imprisonment in a county jail not to exceed one year, or by both a fine
and imprisonment. Prosecution under this subdivision shall not
limit or preclude prosecution under any other provision of law,
including, but not limited to, subdivisions (a) to (c), inclusive, of
this section.
(f) An interactive computer service or access software provider, as
defined in subsection (f) of Section 230 of Title 47 of the United
States Code, shall not be liable under this section unless the service
or provider acquires, transfers, sells, conveys, or retains possession
of personal information with the intent to defraud.
§ 830.3.
The following persons are
peace officers whose authority extends to any place in the state for the
purpose of performing their primary duty or when making an arrest
pursuant to
Section 836 of the Penal Code
as to any public
offense with respect to which there is immediate danger to person or
property, or of the escape of the perpetrator of that offense, or
pursuant to
Section 8597 or 8598 of the Government Code.
* * *
(o) Investigators of the
office of the Secretary of State designated by the Secretary of State,
provided that the primary duty of these peace officers shall be the
enforcement of the law as prescribed in
Chapter 3 (commencing with
Section 8200) of Division 1 of Title 2 of, and Section 12172.5 of, the
Government Code.
* * *
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