Targeted, Terrorized, Stalked: The Rule and Color of Law – Gang Stalking, Mind Control, and Cults

TargetedStalkedTerrorized

From: Targeted, Terrorized, Stalked: The Rule and Color of Law

Are You The VICTIM OF or POTENTIAL PARTICIPANT IN: DOMESTIC TERRORISM
(CONTACT INFO)

*RESOURCE LINKS for TARGETED INDIVIDUAL

1. A Victim of Domestic Terrorism
1. MY THEORY: GANG STALKING / ORGANIZED STALKING / ELECTRONIC HARASSMENT
2. BE ON THE LOOK OUT FOR:
2. TARGETED INDIVIDUAL – WHY SO MUCH PROFILING?
3. GANG STALKING/ORGANIZED STALKING THE TACTICS & TECHNIQUES
3. TARGETS: Labeled
3…. FIRST DEGREE PROVOCATION by VIOLENT RADICALIZED EXTREMISTS
3…COMMUNITY BASED VIOLENT RADICALIZED EXTREMIST HATE
4 . WHO ARE THE PERPS: M.I.C.E.
4.. DANGERS of GROUP THINK; TURNED VIOLENT RADICAL EXTREMISTS
4…CULTS Turned Into VIOLENT RADICAL EXTREMIST’S
4…MURDER, FIRST DEGREE & GENOCIDE:
4…TERRORISM and SUMMARY/ARBITRARY EXECUTION
4…THE DEAD Target’s..
4.MY PERPS – TIME FOR FAIR GAME
5. DOMINATION OF THE ELECTROMAGNETIC SPECTRUM – TERAHERTZ TECH
5. INFORMATION OPERATIONS ROADMAP
5. NON LETHAL /NON KINETIC fka PSYCHOTRONIC WEAPONS
6. NEUROTECHNOLOGIES & NON CONSENTING HUMAN EXPERIMENTATION
6.. HUMAN SUBJECTS AKA TARGETED INDIVIDUAL’S
6.. IMPLANTED RFID and/or EXTERNAL Bio/Neuro Sensors
6…DR. JOSEF MENGELE’S IN THE 21ST CENTURY AMERICA
6…RIGHT TEMPORAL LOBE – THE MOST TARGETED REGION OF MY BRAIN –
7. OBSTRUCTION OF JUSTICE
7. TREASON and SEDITION
7..THE RULE and COLOR OF LAW –
8. The 14 CHARACTERISTICS OF FASCISM
9. FINAL GOAL
9.5. DAILY LOG
LAW ENFORCEMENT THAT DID NOT…
MONTEREY, CA MOVERS OR NOT – Short Term Rentals or NOT
SOME COMIC RELIEF
THE METHPHOR OF THE BURNT CHICKEN
THE SNITCHES WHO BECOME BITCHES FOR THE STATE
WHAT IDENTIFYING SYMBOL DOES THIS DOMESTIC TERRORIST ORGANIZATION USE?
WHAT IS ORGANIZED STALKING and ELECTRONIC HARASSMENT?
10…..FOR LAW ENFORCEMENT TO INVESTIGATE
5…. PATENING FOR PROFIT – HUMAN BEINGS – DNA, CELLS…
7….ORGANIZED CRIME HELPFUL TIPS – PROVING REMOTE ELECTRONIC HARASSMENT
9.5.3. Daily Log Continue
9.5.1. Daily Log Continue
9.5.2 Daily Log continue
9.5.4… Daily Log Continue
9.5.5…DAILY LOG continue
9.5.6 DAILY LOG Continue
AMERICAN BAR ASSOCIATION COMPLAINT FORM
ATTACHMENTS LINK
BIOLOGICAL & TECHNOLOGICAL WEAPONS FIELD TESTING and TRAINING
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Are You The VICTIM OF or POTENTIAL PARTICIPANT IN: DOMESTIC TERRORISM‎ > ‎

7..THE RULE and COLOR OF LAW –

Deprivation and Denial of Basic and Fundamental Right and Liberties Against Targeted Individual’s.

“The wrongs which we seek to condemn and punish have been so calculated, so malignant, and so devastating, that civilization cannot tolerate their being ignored because it cannot survive their being repeated.” – Justice Robert H. Jackson, Chief U.S. Prosecutor, Nuremberg Trials

1968 – Martin Luther King’s Prophetic Last speech – Remember

(Please note, for me as a Targeted Individual, the following link to Dr. King, Jr.’s speech represents, not the religious connotation, but represents waking up to fundamental Wrongs that have been committed against me, the deprivation and denial of basic rights and liberties, in addition to the veil of fear being lifted, and moving forward for justice against those Wrongs… no matter what!)

HERE ARE SOME LAWS – I FOUND OVER THE COURSE OF MY FIVE PLUS YEARS OF OVERT TARGETING – THAT HAVE BEEN CONDUCTED IN AN EXTRAJUDICIAL MANNER BY STATE, CORPORATE, EDUCATIONAL AND CIVILIAN ORGANIZED TERRORISTS.

EXTRAJUDICIAL – beyond the usual course of legal proceedings; legally unwarranted; “an extrajudicial penalty” illegal – prohibited by law or by official or accepted rules: “and illegal chess move

WHY IS IT EXTRAJUDICIAL?

BECAUSE THE LAW STATES A TARGETED INDIVIDUAL/CITIZEN AND NON CITIZEN ALIKE HAS RIGHTS AND LIBERTIES GUARANTEED TO THEM IN AN EQUAL MANNER – IF, ANY OF THE BELOW CONSTITUTIONAL RIGHTS ARE BEING VIOLATED AS A TARGETED INDIVIDUAL ON A 24 HOUR / 7 DAYS A WEEK / 365 DAYS A YEAR… BASIS? YOU ARE BEING DENIED, OBSTRUCTED FROM OBTAINING JUSTICE FOR CRIMES BEING COMMITTED UPON PERSON OR PROPERTY, PERSECUTED, TERRORIZED, TORTURED, STALKED VIA EXTRAJUDICIAL MEANS, AND MODES OF OPERATIONS.

TARGETED INDIVIDUAL’S – CONSTITUTIONAL RIGHTS BEING VIOLATED

1ST AMENDMENT:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

4TH AMENDMENT
Right of search and seizure regulated
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

5TH AMENDMENT:
Provisons concerning prosecution
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

6TH AMENDMENT:
Right to a speedy trial, witnesses, etc.
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

7TH AMENDMENT:
Right to a trial by jury
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise reexamined in any court of the United States, than according to the rules of the common law.

8TH AMENDMENT:
Excessive bail, cruel punishment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

9TH AMENDMENT:

Rule of construction of Constitution

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

13th AMENDMENT:

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

14th AMENDMENT:

DUE PROCESS, AND EQUAL PROTECTION UNDER THE LAW

Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

CONSPIRACY TO COMMIT

MORAL TURPITUDE

A phrase used in Criminal Law to describe conduct that is considered contrary to community standards of justice, honesty, or good morals.

Crimes involving moral turpitude have an inherent quality of baseness, vileness, or depravity with respect to a person’s duty to another or to society in general. Examples include rape, forgery, Robbery, and solicitation by prostitutes.

ORGANIZED CRIME:

VIOLATION OF RICO ACT

In the United States (US), the Racketeer Influenced and Corrupt Organizations (RICO) Act is afederal law enacted to give extended penalties in the prosecution of organized criminal acts. The RICO Act is codified as Chapter 96 of Title 18 of the US Code, which deals with federal crimes and criminal procedure. Although it was intended to be used for the Mafia and others engaged in organized crime, RICO has been used to prosecute all sorts of criminal activity since its inception.

Violence often accompanies organized crime. Many crime syndicates use murder, torture, assault, andTerrorism to keep themselves powerful and profitable. The constant threat of violence keeps victims and witnesses silent. Without them, prosecutors find it difficult to press charges against organized criminals.
The modern notion of organized crime in the United States has expanded beyond the prototypical paradigm of family operations. Organized crime in the early 2000s refers to any group of persons in a continuing operation of criminal activity, including street Gangs. To combat the violence and other illegal activity of street gangs, federal and state legislatures have passed laws pertaining specifically to street gangs. Many states provide extra punishment for persons in street gangs who are convicted of certain crimes. (needs to include ORGANIZED STALKING – making a CLEAR DIFFERENCE between Gangs – and White Collar Criminal Activity using Organized Stalking as a methodology for intimidation, retaliation, revenge, death, and defamation – )

On the federal level, a street gang is defined as an ongoing group, club, organization, or association of five or more persons formed for the purpose of committing a violent crime or drug offense, with members who have engaged in a continuing series of violent crimes or drug law violations that affect interstate or foreign commerce (18 U.S.C.A. § 521). Any person in a street gang convicted for committing or conspiring to commit a violent federal crime or certain federal drug offenses receives an extra ten years in prison beyond the prison sentence for the actual crime. (SAME MUST APPLY TO WHITE COLLAR ORGANIZED STALKERS – basically, a Stated, Corporate, or Citizen Group – hires a professional Team, to commit the same acts – as what is defined in Gang – only difference – GANGS to no do SLOW KILLS – SET UP WITH DEFAMATION, SLANDER ETC –

Racketeering activity –

section 175 – 178 biological weapons

section 1503 (relating to obstruction of justice), section 1510 (relating to obstruction of criminal investigations)

Section 201 (relating to bribery)

Section 1028 (relating to fraud and related activity in connection with identification documents), section 1029 (relating to fraud and related activity in connection with access devices)

section 1341 (relating to mail fraud), section1343 (relating to wire fraud), section 1344 (relating to financial institution fraud), section

sections 1461–1465 (relating to obscene matter)

section 1511 (relating to the obstruction of State or local law enforcement), section 1512 (relating to tampering with a witness, victim, or an informant), section 1513 (relating to retaliating against a witness, victim, or an informant),

sections 1581–1592 (relating to peonage, slavery, and trafficking in persons).

section 1958 (relating to use of interstate commerce facilities in the commission of murder-for-hire)

section 2318 (relating to trafficking in counterfeit labels for phonorecords, computer programs or computer program documentation or packaging and copies of motion pictures or other audiovisual works

section 2319 (relating to criminal infringement of a copyright), section2319A (relating to unauthorized fixation of and trafficking in sound recordings and music videos of live musical performances),

sections 2421–24 (relating to white slave traffic), sections 175–178 (relating to biological weapons), sections 229–229F (relating to chemical weapons)

section 831 (relating to nuclear materials)

VIOLATION OF HOBBS ACT

ORGANIZED CRIME

libel 1) n. to publish in print (including pictures), writing or broadcast through radio, television or film, an untruth about another which will do harm to that person or his/her reputation, by tending to bring the target into ridicule, hatred, scorn or contempt of others. Libel is the written or broadcast form of defamation, distinguished from slander which is oral defamation. It is a tort (civil wrong) making the person or entity (like a newspaper, magazine or political organization) open to a lawsuit for damages by the person who can prove the statement about him/her was a lie. Publication need only be to one person, but it must be a statement which claims to be fact, and is not clearly identified as an opinion. While it is sometimes said that the person making the libelous statement must have been intentional and malicious, actually it need only be obvious that the statement would do harm and is untrue. Proof of malice, however, does allow a party defamed to sue for “general damages” for damage to reputation, while an inadvertent libel limits the damages to actual harm (such as loss of business) called “special damages.” “Libel per se” involves statements so vicious that malice is assumed and does not require a proof of intent to get an award of general damages.

DEFAMATION, SLANDER AND LIBEL

Any intentional false communication, either written or spoken, that harms a person’s reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person.

Defamation may be a criminal or civil charge. It encompasses both written statements, known as libel, and spoken statements, called slander.\

Two torts that involve the communication of false information about a person, a group, or an entity such as a corporation. Libel is any Defamation that can be seen, such as a writing, printing, effigy, movie, or statue. Slander is any defamation that is spoken and heard.

Collectively known as defamation, libel and slander are civil wrongs that harm a reputation; decrease respect, regard, or confidence; or induce disparaging, hostile, or disagreeable opinions or feelings against an individual or entity. The injury to one’s good name or reputation is affected through written or spoken words or visual images. The laws governing these torts are identical.

To recover in a libel or slander suit, the plaintiff must show evidence of four elements: that the defendant conveyed a defamatory message; that the material was published, meaning that it was conveyed to someone other than the plaintiff; that the plaintiff could be identified as the person referred to in the defamatory material; and that the plaintiff suffered some injury to his or her reputation as a result of the communication.

To prove that the material was defamatory, the plaintiff must show that at least one other person who saw or heard it understood it as having defamatory meaning. It is necessary to show not that all who heard or read the statement understood it to be defamatory, but only that one person other than the plaintiff did so. Therefore, even if the defendant contends that the communication was a joke, if one person other than the plaintiff took it seriously, the communication is considered defamatory.

Defamatory matter is published when it is communicated to someone other than the plaintiff. This can be done in several different ways. The defendant might loudly accuse the plaintiff of something in a public place where others are present, or make defamatory statements about the plaintiff in a newsletter or an on-line bulletin board. The defamation need not be printed or distributed. However, if the defendant does not intend it to be conveyed to anyone other than the plaintiff, and conveys it in a manner that ordinarily would prevent others from seeing or hearing it, the requirement of publication has not been satisfied even if a third party inadvertently overhears or witnesses the communication.

Liability for republication of a defamatory statement is the same as for original publication, provided that the defendant had knowledge of the contents of the statement. Thus, newspapers, magazines, and broadcasters are liable for republication of libel or slander because they have editorial control over their communications. On the other hand, bookstores, libraries, and other distributors of material are liable for republication only if they know, or had reason to know, that the statement is defamatory. Common carriers such as telephone companies are not liable for defamatory material that they convey, even if they know that it is defamatory, unless they know, or have reason to know, that the sender does not have a privilege to communicate the material. Suppliers of communications equipment are never liable for defamatory material that is transmitted through the equipment they provide.

UNRUH CIVIL RIGHTS ACT

All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, or medical condition are entitled to the full and equal accommodations, advantages facilitiers priviledges, or service in all business establishments of every kind whatsoever,

“The Unruh Civil Rights Act, California Civil code section 51 through 51.3, provides protection from discrimination by all business establishments in California, including housing and public accommodations. California Civil Code section 51(b) describes the protections found under the Unruh Civil rights Act:

All persons within the jurisdiction of this state are free and equal, and no matter what their sex, race, color, religion, ancestry, national origin, disability, or medical condition are entitled to the full and equal accommodations, advantages facilities, privileges, or services in all business establishments of every kind whatsoever. Civil Code section 51 (b)

The language of the Unruh Civil Rights Act (see above) specifically outlaws discrimination in housing and public accommodations based on sex, race, color, religion, ancestry, national origin, disability, or medical condition.

THE BANE CIVIL RIGHTS ACT

ALL APPLICABLE CIVIL CODES

Bane

THE BANE CIVIL RIGHTS ACT

ALL APPLICABLE CIVIL CODES

The Bane Civil Rights Act protects people from continued violence or the threat of violence based on grounds such as race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, age, disability or position in a labor dispute. The court may grant an injunction prohibiting further intimidating or coercive behavior against you. Any violation of this order is a misdemeanor and may result in fines or imprisonment. If a judgment is awarded in your favor in a private lawsuit, you may receive reasonable attorney’s fees as well.
Bane Civil Rights Act (Civil Code, Section 52.1)

Forbids interference by force or threat of force with an individual’s constitutional or statutory rights.
Extends to all people of California and covers places of worship, housing, public and private property.
Because it prohibits interference with rights guaranteed under by California laws, many violations of the Bane Act also violate the Ralph Act.

· THE RALPH CIVIL RIGHTS ACT
· The Ralph Civil Rights Act

· The Ralph Civil Rights Act, Civil Code section 51.7, addresses the repugnance of racial, ethnic, religious, gender, age, disability, sexual orientation, and political violence in California by providing civil and administrative remedies for those who are victims of this type of violence, or of violence directed against any particular class of persons.

· The Ralph Act provides that all persons within this state have the right to be free from violence committed against themselves or their property because of their race, color, religion, ancestry, national origin, political affiliation, sex, sexual orientation, (1) age, disability, position in a labor dispute, or because another person perceives them to have one or more of these characteristics. (2) The Ralph Act also declares that the prohibited types of discrimination listed in section 51.7 are merely illustrative. This means that if someone threatens you or commits a violent act against you because you possess, or are perceived to possess, a characteristic which is shared by members of any identifiable group, you may have a claim under this law.

THE RALPH CIVIL RIGHTS ACT

VIOLATION OF – CALIFORNIA RESOLUTION SJR19 – TO FORBID MEDICAL PROFESSIONALS TO PARTICIPATE IN TORTURE

DIGEST : This resolution states that the United States Department of Defense guidelines authorizes participation of psychologists and other military health personnel in the interrogation of detainees in Guantanamo Bay and other foreign military prisons operated by the United States in violations of professional ethics. This resolution urges all relevant California licensing boards to notify health professionals licensed in California of their professional obligations under national and International law relating to torture and notify those professionals that those who participate in torture may be subject to prosecution.

Additionally, the resolution request the United States Department of Defense and the Central intelligence Agency CONTINUED SJR 19 Page 2 to remove all California-licensed health professionals from participating in prisoner and detainee interrogations.

DEPRIVATION OF RIGHTS UNDER COLOR LAW – FEDERAL

TITLE 18 > PART I > CHAPTER 13 > § 242

§ 242. Deprivation of rights under color of law

How Current is This?

Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, or to different punishments, pains, or penalties, on account of such person being an alien, or by reason of his color, or race, than are prescribed for the punishment of citizens, shall be fined under this title or imprisoned not more than one year, or both; and if bodily injury results from the acts committed in violation of this section or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Title 18, U.S.C., Section 249  Matthew Shepard and James Byrd, Jr., Hate Crimes Prevention Act

This statute makes it unlawful to willfully cause bodily injury—or attempting to do so with fire, firearm, or other dangerous weapon—when 1) the crime was committed because of the actual or perceived race, color, religion, national origin of any person, or 2) the crime was committed because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person and the crime affected interstate or foreign commerce or occurred within federal special maritime and territorial jurisdiction.

The law also provides funding and technical assistance to state, local, and tribal jurisdictions to help them to more effectively investigate, prosecute, and prevent hate crimes.

The law provides for a maximum 10–year prison term, unless death (or attempts to kill) results from the offense, or unless the offense includes kidnapping or attempted kidnapping, or aggravated sexual abuse or attempted aggravated sexual abuse. For offenses not resulting in death, there is a seven–year statute of limitations. For offenses resulting in death, there is no statute of limitations.

Title 18, U.S.C., Section 241 Conspiracy Against Rights

This statute makes it unlawful for two or more persons to conspire to injure, oppress, threaten, or intimidate any person of any state, territory or district in the free exercise or enjoyment of any right or privilege secured to him/her by the Constitution or the laws of the United States, (or because of his/her having exercised the same).  It further makes it unlawful for two or more persons to go in disguise on the highway or on the premises of another with the intent to prevent or hinder his/her free exercise or enjoyment of any rights so secured.  Punishment varies from a fine or imprisonment of up to ten years, or both; and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title or imprisoned for any term of years, or for life, or may be sentenced to death.

Title 18, U.S.C., Section 242

Deprivation of Rights Under Color of Law

This statute makes it a crime for any person acting under color of law, statute, ordinance, regulation, or custom to willfully deprive or cause to be deprived from any person those rights, privileges, or immunities secured or protected by the Constitution and laws of the U.S.  This law further prohibits a person acting under color of law, statute, ordinance, regulation or custom to willfully subject or cause to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race.  Acts under “color of any law” include acts not only done by federal, state, or local officials within the bounds or limits of their lawful authority, but also acts done without and beyond the bounds of their lawful authority; provided that, in order for unlawful acts of any official to be done under “color of any law,” the unlawful acts must be done while such official is purporting or pretending to act in the performance of his/her official duties. This definition includes, in addition to law enforcement officials, individuals such as Mayors, Council persons, Judges, Nursing Home Proprietors, Security Guards, etc., persons who are bound by laws, statutes ordinances, or customs.  Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results, or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be fined under this title, or imprisoned for any term of years or for life, or both, or may be sentenced to death.

Title 18, U.S.C., Section 245

Federally Protected Activities

1) This statute prohibits willful injury, intimidation, or interference, or attempt to do so, by force or threat of force of any person or class of persons because of their activity as:  a) A voter, or person qualifying to vote…;  b) a participant in any benefit, service, privilege, program, facility, or activity provided or administered by the United States;  c) an applicant for federal employment or an employee by the federal government;  d) a juror or prospective juror in federal court; and   e) a participant in any program or activity receiving Federal financial assistance.  2) Prohibits willful injury, intimidation, or interference or attempt to do so, by force or threat of force of any person because of race, color, religion, or national origin and because of his/her activity as:  a) A student or applicant for admission to any public school or public College;  b) a participant in any benefit, service, privilege, program, facility, or activity provided or administered by a state or local government;  c) an applicant for private or state employment, private or state employee; a member or applicant for membership in any labor organization or hiring hall; or an applicant for employment through any employment agency, labor organization or hiring hall;  d) a juror or prospective juror in state court;  e) a traveler or user of any facility of interstate commerce or common carrier; or   f) a patron of any public accommodation, including hotels, motels, restaurants, lunchrooms, bars, gas stations, theaters…or any other establishment which serves the public and which is principally engaged in selling food or beverages for consumption on the premises.  3) Prohibits interference by force or threat of force against any person because he/she is or has been, or in order to intimidate such person or any other person or class of persons from participating or affording others the opportunity or protection to so participate, or lawfully aiding or encouraging other persons to participate in any of the benefits or activities listed in items (1) and (2), above without discrimination as to race, color, religion, or national origin.  Punishment varies from a fine or imprisonment of up to one year, or both, and if bodily injury results or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire shall be fined or imprisoned up to ten years or both, and if death results or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, shall be subject to imprisonment for any term of years or for life or may be sentenced to death.

Alien Tort Claims Act of USA -Recently, American courts have begun adjudicating civil liability for human rights violations (especially torture) committed in another country, under the Alien Tort Claims Act (28 U.S.C. §1350) and the Torture Victim Prevention Act (28 U.S.C. §1350).

The Torture Victim Protection Act of 1991 (TVPA), 106 Stat. 73 (1992), is a statute that allows for the filing of civil suits, in the United States, against individuals who, acting in an official capacity for any foreign nation, committed torture and/or extrajudicial killing. The statute requires a plaintiff to show exhaustion of local remedies in the location of the crime, to the extent that such remedies are “adequate and available.” Plaintiffs may be citizens or noncitizens.

Cal Pen Code § 646.9. Stalking. (2008)

(a) Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family is guilty of the crime of stalking, punishable by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison.

(b) Any person who violates subdivision (a) when there is a temporary restraining order, injunction, or any other court order in effect prohibiting the behavior described in subdivision (a) against the same party, shall be punished by imprisonment in the state prison for two, three, or four years.

273.5, 273.6, or 422, commits a violation of subdivision (a) shall be punished by imprisonment in a county jail for not more than one year, or by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or five years.

(2) Every person who, after having been convicted of a felony under

subdivision (a), commits a violation of this section shall be punished by imprisonment in the state prison for two, three, or five years.

(d) In addition to the penalties provided in this section, the sentencing court may order a person convicted of a felony under this section to register as a sex offender pursuant to Section 290.006.

(e) For the purposes of this section, “harasses” means engages in a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose.

(f) For the purposes of this section, “course of conduct” means two or more acts occurring over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct.”

(g) For the purposes of this section, “credible threat” means a verbal or written threat, including that performed through the use of an electronic communication device, or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically communicated statements and conduct, made with the intent to place the person that is the target of the threat in reasonable fear for his or her safety or the safety of his or her family, and made with the apparent ability to carry out the threat so as to cause the person who is the target of the threat to reasonably fear for his or her safety or the safety of his or her family. It is not necessary to prove that the defendant had the intent to actually carry out the threat. The present incarceration of a person making the threat shall not be a bar to prosecution under this section. Constitutionally protected activity is not included within the meaning of “credible threat.”

(h) For purposes of this section, the term “electronic communication device” includes, but is not limited to, telephones, cellular phones, computers, video recorders, fax machines, or pagers. “Electronic communication” has the same meaning as the term defined in Subsection 12 of Section 2510 of Title 18 of the United States Code.

(i) This section shall not apply to conduct that occurs during labor picketing.

(j) If probation is granted, or the execution or imposition of a sentence is suspended, for any person convicted under this section, it shall be a condition of probation that the person participate in counseling, as designated by the court. However, the court, upon a showing of good cause, may find that the counseling requirement shall not be imposed.

(k) (1) The sentencing court also shall consider issuing an order restraining the

defendant from any contact with the victim, that may be valid for up to 10 years, as determined by the court. It is the intent of the Legislature that the length of any restraining order be based upon the seriousness of the facts before the court, the probability of future violations, and the safety of the victim and his or her immediate family.

(2) This protective order may be issued by the court whether the defendant is

sentenced to state prison, county jail, or if imposition of sentence is suspended and the defendant is placed on probation.

(l) For purposes of this section, “immediate family” means any spouse, parent, child, any person related by consanguinity or affinity within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly resided in the household.

(m) The court shall consider whether the defendant would benefit from treatment pursuant to Section 2684. If it is determined to be appropriate, the court shall recommend that the Department of Corrections and Rehabilitation make a certification as provided in Section 2684. Upon the certification, the defendant shall be evaluated and transferred to the appropriate hospital for treatment pursuant to Section 2684.

Cal Pen Code § 653.2 Use of electronic communication to instill fear or to harass; Misdemeanor. (2008)

(a) Every person who, with intent to place another person in reasonable fear for his or her safety, or the safety of the other person’s immediate family, by means of an electronic communication device, and without consent of the other person, and for the purpose of imminently causing that other person unwanted physical contact, injury, or harassment, by a third party, electronically distributes, publishes, e-mails, hyperlinks, or makes available for downloading, personal identifying information, including, but not limited to, a digital image of another person, or an electronic message of a harassing nature about another person, which would be likely to incite or produce that unlawful action, is guilty of a misdemeanor punishable by up to one year in the county jail, by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment.

(b) For purposes of this section, the term “electronic communication device” includes, but is not limited to, telephones, cell phones, computers, Internet Web pages or sites, Internet phones, hybrid cellular/Internet/wireless devices, personal digital assistants (PDAs), video recorders, fax machines, or pagers. “Electronic communication” has the same meaning as the term is defined in Section 2510(12) of Title 18 of the United States Code.

(1) “Harassment” means a knowing and willful course of conduct directed at a specific person that a reasonable person would consider as seriously alarming, seriously annoying, seriously tormenting, or seriously terrorizing the person and that serves no legitimate purpose.

(2) “Of a harassing nature” means information that a reasonable person would consider as seriously alarming, seriously annoying, seriously tormenting, or seriously terrorizing the person and that serves no legitimate purpose.

INVASION OF PRIVACY AND EAVESDROPPING

PENAL CODE
SECTION 630-638

630. The Legislature hereby declares that advances in science and technology have led to the development of new devices and techniques for the purpose of eavesdropping upon private communications and that the invasion of privacy resulting from the continual and increasing use of such devices and techniques has created a serious threat to the free exercise of personal liberties and cannot be tolerated in a free and civilized society.

The Legislature by this chapter intends to protect the right of privacy of the people of this state.

The Legislature recognizes that law enforcement agencies have a legitimate need to employ modern listening devices and techniques in the investigation of criminal conduct and the apprehension of lawbreakers. Therefore, it is not the intent of the Legislature to place greater restraints on the use of listening devices and techniques by law enforcement agencies than existed prior to the effective date of this chapter.

631. (a) Any person who, by means of any machine, instrument, or contrivance, or in any other manner, intentionally taps, or makes any unauthorized connection, whether physically, electrically, acoustically, inductively, or otherwise, with any telegraph or telephone wire, line, cable, or instrument, including the wire, line, cable, or instrument of any internal telephonic communication system, or who willfully and without the consent of all parties to the communication, or in any unauthorized manner, reads, or attempts to read, or to learn the contents or meaning of any message, report, or communication while the same is in transit or passing over any wire, line, or cable, or is being sent from, or received at any place within this state; or who uses, or attempts to use, in any manner, or for any purpose, or to communicate in any way, any information so obtained, or who aids, agrees with, employs, or conspires with any person or persons to unlawfully do, or permit, or cause to be done any of the acts or things mentioned above in this section, is punishable by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in the county jail not exceeding one year, or by imprisonment in the state prison, or by both a fine and imprisonment in the county jail or in the state prison. If the person has previously been convicted of a violation of this section or Section 632, 632.5, 632.6, 632.7, or 636, he or she is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the county jail not exceeding one year, or by imprisonment in the state prison, or by both a fine and imprisonment in the county jail or in the state prison.

(b) This section shall not apply (1) to any public utility engaged in the business of providing communications services and facilities, or to the officers, employees or agents thereof, where the acts otherwise prohibited herein are for the purpose of construction, maintenance, conduct or operation of the services and facilities of the public utility, or (2) to the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of a public utility, or (3) to any telephonic communication system used for communication exclusively within a state, county, city and county, or city correctional facility.

(c) Except as proof in an action or prosecution for violation of this section, no evidence obtained in violation of this section shall be admissible in any judicial, administrative, legislative, or other proceeding.

(d) This section shall become operative on January 1, 1994.

632. (a) Every person who, intentionally and without the consent of all parties to a confidential communication, by means of any electronic amplifying or recording device, eavesdrops upon or records the confidential communication, whether the communication is carried on among the parties in the presence of one another or by means of a telegraph, telephone, or other device, except a radio, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has previously been convicted of a violation of this section or Section 631, 632.5, 632.6, 632.7, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.

(b) The term “person” includes an individual, business association, partnership, corporation, limited liability company, or other legal entity, and an individual acting or purporting to act for or on behalf of any government or subdivision thereof, whether federal, state, or local, but excludes an individual known by all parties to a confidential communication to be overhearing or recording the communication.

(c) The term “confidential communication” includes any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties thereto, but excludes a communication made in a public gathering or in any legislative, judicial, executive or administrative proceeding open to the public, or in any other circumstance in which the parties to the communication may reasonably expect that the communication may be overheard or recorded.

(d) Except as proof in an action or prosecution for violation of this section, no evidence obtained as a result of eavesdropping upon or recording a confidential communication in violation of this section shall be admissible in any judicial, administrative, legislative, or other proceeding.

(e) This section does not apply (1) to any public utility engaged in the business of providing communications services and facilities, or to the officers, employees or agents thereof, where the acts otherwise prohibited by this section are for the purpose of construction, maintenance, conduct or operation of the services and facilities of the public utility, or (2) to the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of a public utility, or (3) to any telephonic communication system used for communication exclusively within a state, county, city and county, or city correctional facility.

(f) This section does not apply to the use of hearing aids and similar devices, by persons afflicted with impaired hearing, for the purpose of overcoming the impairment to permit the hearing of sounds ordinarily audible to the human ear.

632.5.

(a) Every person who, maliciously and without the consent of all parties to the communication, intercepts, receives, or assists in intercepting or receiving a communication transmitted between cellular radio telephones or between any cellular radio telephone and a landline telephone shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in the county jail not exceeding one year or in the state prison, or by both that fine and imprisonment. If the person has been previously convicted of a violation of this section or Section 631, 632, 632.6, 632.7, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail not exceeding one year or in the state prison, or by both that fine and imprisonment.

(b) In the following instances, this section shall not apply:

(1) To any public utility engaged in the business of providing communications services and facilities, or to the officers, employees, or agents thereof, where the acts otherwise prohibited are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility.

(2) To the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of the public utility.

(3) To any telephonic communication system used for communication exclusively within a state, county, city and county, or city correctional facility.

(c) As used in this section and Section 635, “cellular radio telephone” means a wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular radio telephones.

632.6.

(a) Every person who, maliciously and without the consent of all parties to the communication, intercepts, receives, or assists in intercepting or receiving a communication transmitted between cordless telephones as defined in subdivision (c), between any cordless telephone and a landline telephone, or between a cordless telephone and a cellular telephone shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.

If the person has been convicted previously of a violation of Section 631, 632, 632.5, 632.7, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.

(b) This section shall not apply in any of the following instances:

(2) To the use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of the public utility.

(3) To any telephonic communications system used for communication exclusively within a state, county, city and county, or city correctional facility.

(c) As used in this section and in Section 635, “cordless telephone” means a two-way low power communication system consisting of two parts–a “base” unit which connects to the public switched telephone network and a handset or “remote” unit–which are connected by a radio link and authorized by the Federal Communications Commission to operate in the frequency bandwidths reserved for cordless telephones.

632.7.

(a) Every person who, without the consent of all parties to a communication, intercepts or receives and intentionally records, or assists in the interception or reception and intentional recordation of, a communication transmitted between two cellular radio telephones, a cellular radio telephone and a landline telephone, two cordless telephones, a cordless telephone and a landline telephone, or a cordless telephone and a cellular radio telephone, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has been convicted previously of a violation of this section or of Section 631, 632, 632.5, 632.6, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in a county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.

(b) This section shall not apply to any of the following: (1) Any public utility engaged in the business of providing communications services and facilities, or to the officers, employees, or agents thereof, where the acts otherwise prohibited are for the purpose of construction, maintenance, conduct, or operation of the services and facilities of the public utility.

(2) The use of any instrument, equipment, facility, or service furnished and used pursuant to the tariffs of the public utility.

(3) Any telephonic communication system used for communication exclusively within a state, county, city and county, or city correctional facility.

(1) “Cellular radio telephone” means a wireless telephone authorized by the Federal Communications Commission to operate in the frequency bandwidth reserved for cellular radio telephones.

(2) “Cordless telephone” means a two-way, low power communication system consisting of two parts, a “base” unit which connects to the public switched telephone network and a handset or “remote” unit, that are connected by a radio link and authorized by the Federal Communications Commission to operate in the frequency bandwidths reserved for cordless telephones.

(3) “Communication” includes, but is not limited to, communications transmitted by voice, data, or image, including facsimile.

633. Nothing in Section 631, 632, 632.5, 632.6, or 632.7 prohibits the Attorney General, any district attorney, or any assistant, deputy, or investigator of the Attorney General or any district attorney, any officer of the California Highway Patrol, any chief of police, assistant chief of police, or police officer of a city or city and county, any sheriff, undersheriff, or deputy sheriff regularly employed and paid in that capacity by a county, police officer of the County of Los Angeles, or any person acting pursuant to the direction of one of these law enforcement officers acting within the scope of his or her authority, from overhearing or recording any communication that they could lawfully overhear or record prior to the effective date of this chapter. Nothing in Section 631, 632, 632.5, 632.6, or 632.7 renders inadmissible any evidence obtained by the above-named persons by means of overhearing or recording any communication that they could lawfully overhear or record prior to the effective date of this chapter.

633.1.

(a) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 prohibits any person regularly employed as an airport law enforcement officer, as described in subdivision d) of Section 830.33, acting within the scope of his or her authority, from recording any communication which is received on an incoming telephone line, for which the person initiating the call utilized a telephone number known to the public to be a means of contacting airport law enforcement officers. In order for a telephone call to be recorded under this subdivision, a series of electronic tones shall be used, placing the caller on notice that his or her telephone call is being recorded.

(b) Nothing in Section 631, 632, 632.5, 632.6, or 632.7 renders inadmissible any evidence obtained by an officer described in subdivision (a) if the evidence was received by means of recording any communication which is received on an incoming public telephone line, for which the person initiating the call utilized a telephone number known to the public to be a means of contacting airport law enforcement officers.

(c) This section shall only apply to airport law enforcement officers who are employed at an airport which maintains regularly scheduled international airport service and which maintains permanent facilities of the United States Customs Service.

633.5. Nothing in Section 631, 632, 632.5, 632.6, or 632.7 prohibits one party to a confidential communication from recording the communication for the purpose of obtaining evidence reasonably believed to relate to the commission by another party to the communication of the crime of extortion, kidnapping, bribery, any felony involving violence against the person, or a violation of Section 653m. Nothing in Section 631, 632, 632.5, 632.6, or 632.7 renders any evidence so obtained inadmissible in a prosecution for extortion, kidnapping, bribery, any felony involving violence against the person, a violation of Section 653m, or any crime in connection therewith.

633.6. (a) Notwithstanding the provisions of this chapter, and in accordance with federal law, upon the request of a victim of domestic violence who is seeking a domestic violence restraining order, a judge issuing the order may include a provision in the order that permits the victim to record any prohibited communication made to him or her by the perpetrator.

(b) The Judicial Council shall amend its domestic violence prevention application and order forms to incorporate the provisions of this section.

634. Any person who trespasses on property for the purpose of committing any act, or attempting to commit any act, in violation of Section 631, 632, 632.5, 632.6, 632.7, or 636 shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in the county jail not exceeding one year or in the state prison, or by both that fine and imprisonment. If the person has previously been convicted of a violation of this section or Section 631, 632, 632.5, 632.6, 632.7, or 636, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail not exceeding one year or in the state prison, or by both that fine and imprisonment.

1. 635. Every person who manufactures, assembles, sells, offers for sale, advertises for sale, possesses, transports, imports, or furnishes to another any device which is primarily or exclusively designed or intended for eavesdropping upon the communication of another, or any device which is primarily or exclusively designed or intended for the unauthorized interception or reception of communications between cellular radio telephones or between a cellular radio telephone and a landline telephone in violation of Section 632.5, or communications between cordless telephones or between a cordless telephone and a landline telephone in violation of Section 632.6, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has previously been convicted of a violation of this section, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment.

2. This section does not apply to either of the following:

1. An act otherwise prohibited by this section when performed by any of the following:

1. A communication utility or an officer, employee or agent thereof for the purpose of construction, maintenance, conduct, or operation of, or otherwise incident to the use of, the services or facilities of the utility.

2. A state, county, or municipal law enforcement agency or an agency of the federal government.

3. A person engaged in selling devices specified in subdivision (a) for use by, or resale to, agencies of a foreign government under terms approved by the federal government, communication utilities, state, county, or municipal law enforcement agencies, or agencies of the federal government.

2. Possession by a subscriber to communication utility service of a device specified in subdivision (a) furnished by the utility pursuant to its tariffs.

632.6, shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. If the person has previously been convicted of a violation of this section, the person shall be punished by a fine not exceeding ten thousand dollars ($10,000), by imprisonment in the county jail not exceeding one year, or in the state prison, or by both that fine and imprisonment. (b) This section does not apply to either of the following: (1) An act otherwise prohibited by this section when performed by any of the following: (A) A communication utility or an officer, employee or agent thereof for the purpose of construction, maintenance, conduct, or operation of, or otherwise incident to the use of, the services or facilities of the utility. (B) A state, county, or municipal law enforcement agency or an agency of the federal government. (C) A person engaged in selling devices specified in subdivision (a) for use by, or resale to, agencies of a foreign government under terms approved by the federal government, communication utilities, state, county, or municipal law enforcement agencies, or agencies of the federal government. (2) Possession by a subscriber to communication utility service of a device specified in subdivision (a) furnished by the utility pursuant to its tariffs.

§ 636.

1. Every person who, without permission from all parties to the conversation, eavesdrops on or records, by means of an electronic device, a conversation, or any portion thereof, between a person who is in the physical custody of a law enforcement officer or other public officer, or who is on the property of a law enforcement agency or other public agency, and that person’s attorney, religious adviser, or licensed physician, is guilty of a felony.

2. Every person who, intentionally and without permission from all parties to the conversation, nonelectronically eavesdrops upon a conversation, or any portion thereof, that occurs between a person who is in the physical custody of a law enforcement officer or other public officer and that person’s attorney, religious adviser, or licensed physician, is guilty of a public offense. This subdivision applies to conversations that occur in a place, and under circumstances, where there exists a reasonable expectation of privacy, including a custody holding area, holding area, or anteroom.

This subdivision does not apply to conversations that are inadvertently overheard or that take place in a courtroom or other room used for adjudicatory proceedings. A person who is convicted of violating this subdivision shall be punished by imprisonment in the state prison, or in the county jail for a term not to exceed one year, or by a fine not to exceed two thousand five hundred dollars ($2,500), or by both that fine and imprisonment.

3. This section shall not apply to any employee of a public utility engaged in the business of providing service and facilities for telephone or telegraph communications while engaged in the construction, maintenance, conduct, or operation of the service or facilities of that public utility who listens in to conversations for the limited purpose of testing or servicing equipment.

§ 636.5.

Any person not authorized by the sender, who intercepts any public safety radio service communication, by use of a scanner or any other means, for the purpose of using that communication to assist in the commission of a criminal offense or to avoid or escape arrest, trial, conviction, or punishment or who divulges to any person he or she knows to be a suspect in the commission of any criminal offense, the existence, contents, substance, purport, effect or meaning of that communication concerning the offense with the intent that the suspect may avoid or escape from arrest, trial, conviction, or punishment is guilty of a misdemeanor.

Nothing in this section shall preclude prosecution of any person under Section 31 or 32.

As used in this section, “public safety radio service communication” means a communication authorized by the Federal Communications Commission to be transmitted by a station in the public safety radio service.

§ 637.

Every person not a party to a telegraphic or telephonic communication who willfully discloses the contents of a telegraphic or telephonic message, or any part thereof, addressed to another person, without the permission of such person, unless directed so to do by the lawful order of a court, is punishable by imprisonment in the state prison, or in the county jail not exceeding one year, or by fine not exceeding five thousand dollars ($5,000), or by both fine and imprisonment.

§ 637.1.

Every person not connected with any telegraph or telephone office who, without the authority or consent of the person to whom the same may be directed, willfully opens any sealed envelope enclosing a telegraphic or telephonic message, addressed to another person, with the purpose of learning the contents of such message, or who fraudulently represents another person and thereby procures to be delivered to himself any telegraphic or telephonic message addressed to such other person, with the intent to use, destroy, or detain the same from the person entitled to receive such message, is punishable as provided in Section 637.

§ 637.2.

1. Any person who has been injured by a violation of this chapter may bring an action against the person who committed the violation for the greater of the following amounts:

1. Five thousand dollars ($5,000).

2. Three times the amount of actual damages, if any, sustained by the plaintiff.

2. Any person may, in accordance with Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, bring an action to enjoin and restrain any violation of this chapter, and may in the same action seek damages as provided by subdivision (a).

3. It is not a necessary prerequisite to an action pursuant to this section that the plaintiff has suffered, or be threatened with, actual damages.

§ 637.3.

1. No person or entity in this state shall use any system which examines or records in any manner voice prints or other voice stress patterns of another person to determine the truth or falsity of statements made by such other person without his or her express written consent given in advance of the examination or recordation.

2. This section shall not apply to any peace officer, as defined in Section 830, while he is carrying out his official duties.

3. Any person who has been injured by a violator of this section may bring an action against the violator for his actual damages or one thousand dollars ($1,000), whichever is greater.

§ 637.4.

1. No state or local governmental agency involved in the investigation or prosecution of crimes, or any employee thereof, shall require or request any complaining witness, in a case involving the use of force, violence, duress, menace, or threat of great bodily harm in the commission of any sex offense, to submit to a polygraph examination as a prerequisite to filing an accusatory pleading.

2. Any person who has been injured by a violator of this section may bring an action against the violator for his actual damages or one thousand dollars ($1,000), whichever is greater.

§ 637.6.

1. No person who, in the course of business, acquires or has access to personal information concerning an individual, including, but not limited to, the individual’s residence address, employment address, or hours of employment, for the purpose of assisting private entities in the establishment or implementation of carpooling or ridesharing programs, shall disclose that information to any other person or use that information for any other purpose without the prior written consent of the individual.

2. As used in this section, “carpooling or ridesharing programs” include, but shall not be limited to, the formation of carpools, vanpools, buspools, the provision of transit routes, rideshare research, and the development of other demand management strategies such as variable working hours and telecommuting.

3. Any person who violates this section is guilty of a misdemeanor, punishable by imprisonment in the county jail for not exceeding one year, or by a fine of not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine.

§ 637.7.

1. No person or entity in this state shall use an electronic tracking device to determine the location or movement of a person.

2. This section shall not apply when the registered owner, lessor, or lessee of a vehicle has consented to the use of the electronic tracking device with respect to that vehicle.

3. This section shall not apply to the lawful use of an electronic tracking device by a law enforcement agency.

4. As used in this section, “electronic tracking device” means any device attached to a vehicle or other movable thing that reveals its location or movement by the transmission of electronic signals.

5. A violation of this section is a misdemeanor.

6. A violation of this section by a person, business, firm, company, association, partnership, or corporation licensed under Division 3 (commencing with Section 5000) of the Business and Professions Code shall constitute grounds for revocation of the license issued to that person, business, firm, company, association, partnership, or corporation, pursuant to the provisions that provide for the revocation of the license as set forth in Division 3 (commencing with Section 5000) of the Business and Professions Code.

§ 637.9.

1. Any person who, in the course of business, provides mailing lists, computerized or telephone-based reference services, or similar products or services utilizing lists, as defined, knowingly does any of the following is guilty of a misdemeanor:

1. Fails, prior to selling or distributing a list to a first-time buyer, to obtain the buyer’s name, address, telephone number, tax identification number if the buyer is a forprofit entity, a sample of the type of material to be distributed using the list, or to make a good-faith effort to verify the nature and legitimacy of the business or organization to which the list is being sold or distributed.

2. Knowingly provides access to personal information about children to any person who he or she knows is registered or required to register as a sex offender.

2. Any person who uses personal information about a child that was obtained for commercial purposes to directly contact the child or the child’s parent to offer a commercial product or service to the child and who knowingly fails to comply with the parent’s request to take steps to limit access to personal information about a child only to authorized persons is guilty of a misdemeanor.

3. Any person who knowingly distributes or receives any personal information about a child with knowledge that the information will be used to abuse or physically harm the child is guilty of a misdemeanor.

1. List brokers shall, upon a written request from a parent that specifically identifies the child, provide the parent with procedures that the parent must follow in order to withdraw consent to use personal information relating to his or her child. Any list broker who fails to discontinue disclosing personal information about a child within 20 days after being so requested in writing by the child’s parent, is guilty of a misdemeanor.

2. Any person who, through the mail, markets or sells products or services directed to children, shall maintain a list of all individuals, and their addresses, who have requested in writing that the person discontinue sending any marketing or sales materials to the individual or the individual’s child or children. No person who is obligated to maintain that list shall cause any marketing or sales materials, other than those that are already in the process of dissemination, to be sent to any individual’s child or children, after that individual has made that written request. Any person who is subject to the provisions of this paragraph, who fails to comply with the requirements of this paragraph or who violates the provisions of this paragraph is guilty of a misdemeanor.

5. The following shall be exempt from subdivisions (a) and (b):

1. Any federal, state, or local government agency or law enforcement agency.

2. The National Center for Missing and Exploited Children.

3. Any educational institution, consortia, organization, or professional association, which shall include, but not be limited to, the California community colleges; the California State University, and each campus, branch, and function thereof; each campus, branch, and function of the University of California; the California Maritime Academy; or any independent institution of higher education accredited by an agency recognized by the federal Department of Education. For the purposes of this paragraph, “independent institution of higher education” means any nonpublic higher education institution that grants undergraduate degrees, graduate degrees, or both undergraduate and graduate degrees, is formed as a nonprofit corporation in this state, and is accredited by an agency recognized by the federal Department of Education; or any private postsecondary vocational institution registered, approved, or exempted by the Bureau of Private Postsecondary Vocational Education.

4. Any nonprofit organization that is exempt from taxation under Section 23701d of the Revenue and Taxation Code.

6. As used in this section:

1. “Child” means a person who is under 16 years of age.

2. “Parent” shall include a legal guardian.

3. “Personal information” means any information that identifies a child and that would suffice to locate and contact the child, including, but not limited to, the name, postal or electronic mail address, telephone number, social security number, date of birth, physical description of the child, or family income.

4. “List” may include, but is not limited to, a collection of name and address records of individuals sharing a common interest, purchase history, demographic profile, membership, or affiliation.

§ 638.

1. Any person who purchases, sells, offers to purchase or sell, or conspires to purchase or sell any telephone calling pattern record or list, without the written consent of the subscriber, or any person who procures or obtains through fraud or deceit, or attempts to procure or obtain through fraud or deceit any telephone calling pattern record or list shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both a fine and imprisonment. If the person has previously been convicted of a violation of this section, he or she is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year, or by both a fine and imprisonment.

2. Any personal information contained in a telephone calling pattern record or list that is obtained in violation of this section shall be inadmissible as evidence in any judicial, administrative, legislative, or other proceeding except when that information is offered as proof in an action or prosecution for a violation of this section, or when otherwise authorized by law, in any criminal prosecution.

3. For purposes of this section:

1. “Person” includes an individual, business association, partnership, limited partnership, corporation, limited liability company, or other legal entity.

2. “Telephone calling pattern record or list” means information retained by a telephone company that relates to the telephone number dialed by the subscriber, or other person using the subscriber’s telephone with permission, or the incoming number of a call directed to the subscriber, or other data related to such calls typically contained on a subscriber telephone bill such as the time the call started and ended, the duration of the call, any charges applied, and any information described in subdivision (a) of Section 2891 of the Public Utilities Code whether the call was made from or to a telephone connected to the public switched telephone network, a cordless telephone, as defined in Section 632.6, a telephony device operating over the Internet utilizing voice over Internet protocol, a satellite telephone, or commercially available interconnected mobile phone service that provides access to the public switched telephone network via a mobile communication device employing radiowave technology to transmit calls, including cellular radiotelephone, broadband Personal Communications Services, and digital Specialized Mobile Radio.

3. “Telephone company” means a telephone corporation as defined in Section 234 of the Public Utilities Code or any other person that provides residential or commercial telephone service to a subscriber utilizing any of the technologies or methods enumerated in paragraph (2).

4. For purposes of this section, “purchase” and “sell” shall not include information provided to a collection agency or assignee of the debt by the telephone corporation, and used exclusively for the collection of the unpaid debt assigned by the telephone corporation, provided that the collection agency or assignee of the debt shall be liable for any disclosure of the information that is in violation of this section.

4. An employer of, or entity contracting with, a person who violates subdivision (a) shall only be subject to prosecution pursuant to that provision if the employer or contracting entity knowingly allowed the employee or contractor to engage in conduct that violated subdivision (a).

5. It is the intent of the Legislature to ensure that telephone companies maintain telephone calling pattern records or lists in the strictest confidence, and protect the privacy of their subscribers with all due care. While it is not the intent of the Legislature in this act to preclude the sharing of information that is currently allowed by both state and federal laws and rules governing those records, it is the Legislature’s intent in this act to preclude any unauthorized purchase or sale of that information.

6. This section shall not be construed to prevent a law enforcement or prosecutorial agency, or any officer, employee, or agent thereof from obtaining telephone records in connection with the performance of the official duties of the agency consistent with any other applicable state and federal law.

7. Nothing in this section shall preclude prosecution under any other provision of law.

8. The Legislature hereby finds and declares that, notwithstanding the prohibition on specific means of making available or obtaining personal calling records pursuant to this section, the disclosure of personal calling records through any other means is no less harmful to the privacy and security interests of Californians. This section is not intended to limit the scope or force of Section 2891 of the Public Utilities Code in any way.

636.5. Any person not authorized by the sender, who intercepts any public safety radio service communication, by use of a scanner or any other means, for the purpose of using that communication to assist in the commission of a criminal offense or to avoid or escape arrest, trial, conviction, or punishment or who divulges to any person he or she knows to be a suspect in the commission of any criminal offense, the existence, contents, substance, purport, effect or meaning of that communication concerning the offense with the intent that the suspect may avoid or escape from arrest, trial, conviction, or punishment is guilty of a misdemeanor. Nothing in this section shall preclude prosecution of any person under Section 31 or 32. As used in this section, “public safety radio service communication” means a communication authorized by the Federal Communications Commission to be transmitted by a station in the public safety radio service. 637. Every person not a party to a telegraphic or telephonic communication who willfully discloses the contents of a telegraphic or telephonic message, or any part thereof, addressed to another person, without the permission of such person, unless directed so to do by the lawful order of a court, is punishable by imprisonment in the state prison, or in the county jail not exceeding one year, or by fine not exceeding five thousand dollars ($5,000), or by both fine and imprisonment.

§ 637.5.

1. No person who owns, controls, operates, or manages a satellite or cable television corporation, or who leases channels on a satellite or cable system shall:

1. Use any electronic device to record, transmit, or observe any events or listen to, record, or monitor any conversations that take place inside a subscriber’s residence, workplace, or place of business, without obtaining the express written consent of the subscriber. A satellite or cable television corporation may conduct electronic sweeps of subscriber households to monitor for signal quality.

2. Provide any person with any individually identifiable information regarding any of its subscribers, including, but not limited to, the subscriber’s television viewing habits, shopping choices, interests, opinions, energy uses, medical information, banking data or information, or any other personal or private information, without the subscriber’s express written consent.

2. Individual subscriber viewing responses or other individually identifiable information derived from subscribers may be retained and used by a satellite or cable television corporation only to the extent reasonably necessary for billing purposes and internal business practices, and to monitor for unauthorized reception of services. A satellite or cable television corporation may compile, maintain, and distribute a list containing the names and addresses of its subscribers if the list contains no other individually identifiable information and if subscribers are afforded the right to elect not to be included on the list. However, a satellite or cable television corporation shall maintain adequate safeguards to ensure the physical security and confidentiality of the subscriber information.

3. A satellite or cable television corporation shall not make individual subscriber information available to government agencies in the absence of legal compulsion, including, but not limited to, a court order or subpoena. If requests for information are made, a satellite or cable television corporation shall promptly notify the subscriber of the nature of the request and what government agency has requested the information prior to responding unless otherwise prohibited from doing so by law.

Nothing in this section shall be construed to prevent local franchising authorities from obtaining information necessary to monitor franchise compliance pursuant to franchise or license agreements. This information shall be provided so as to omit individually identifiable subscriber information whenever possible. Information obtained by local franchising authorities shall be used solely for monitoring franchise compliance and shall not be subject to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code).

4. Any individually identifiable subscriber information gathered by a satellite or cable television corporation shall be made available for subscriber examination within 30 days of receiving a request by a subscriber to examine the information on the premises of the corporation. Upon a reasonable showing by the subscriber that the information is inaccurate, a satellite or cable television corporation shall correct the information.

5. Upon a subscriber’s application for satellite or cable television service, including, but not limited to, interactive service, a satellite or cable television corporation shall provide the applicant with a separate notice in an appropriate form explaining the subscriber’s right to privacy protection afforded by this section.

6. As used in this section:

1. “Cable television corporation” shall have the same meaning as that term is given by Section 216.4 of the Public Utilities Code.

2. “Individually identifiable information” means any information identifying an individual or his or her use of any service provided by a satellite or cable system other than the mere fact that the individual is a satellite or cable television subscriber. “Individually identifiable information” shall not include anonymous, aggregate, or any other information that does not identify an individual subscriber of a video provider service.

3. “Person” includes an individual, business association, partnership, corporation, limited liability company, or other legal entity, and an individual acting or purporting to act for or on behalf of any government, or subdivision thereof, whether federal, state, or local.

4. “Interactive service” means any service offered by a satellite or cable television corporation involving the collection, reception, aggregation, storage, or use of electronic information transmitted from a subscriber to any other receiving point under the control of the satellite or cable television corporation, or vice versa.

7. Nothing in this section shall be construed to limit the ability of a satellite or cable television corporation to market satellite or cable television or ancillary services to its subscribers.

8. Any person receiving subscriber information from a satellite or cable television corporation shall be subject to the provisions of this section.

9. Any aggrieved person may commence a civil action for damages for invasion of privacy against any satellite or cable television corporation, service provider, or person that leases a channel or channels on a satellite or cable television system that violates the provisions of this section.

10. Any person who violates the provisions of this section is guilty of a misdemeanor punishable by a fine not exceeding three thousand dollars ($3,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment.

11. The penalties and remedies provided by subdivisions (i) and (j) are cumulative, and shall not be construed as restricting any penalty or remedy, provisional or otherwise, provided by law for the benefit of any person, and no judgment under this section shall preclude any person from obtaining additional relief based upon the same facts.

12. The provisions of this section are intended to set forth minimum state standards for protecting the privacy of subscribers to cable television services and are not intended to preempt more restrictive local standards.

637.1. Every person not connected with any telegraph or telephone office who, without the authority or consent of the person to whom the same may be directed, willfully opens any sealed envelope enclosing a telegraphic or telephonic message, addressed to another person, with the purpose of learning the contents of such message, or who fraudulently represents another person and thereby procures to be delivered to himself any telegraphic or telephonic message addressed to such other person, with the intent to use, destroy, or detain the same from the person entitled to receive such message, is punishable as provided in Section 637. 637.2. (a) Any person who has been injured by a violation of this chapter may bring an action against the person who committed the violation for the greater of the following amounts: (1) Five thousand dollars ($5,000). (2) Three times the amount of actual damages, if any, sustained by the plaintiff. (b) Any person may, in accordance with Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure, bring an action to enjoin and restrain any violation of this chapter, and may in the same action seek damages as provided by subdivision (a). (c) It is not a necessary prerequisite to an action pursuant to this section that the plaintiff has suffered, or be threatened with, actual damages. 637.3. (a) No person or entity in this state shall use any system which examines or records in any manner voice prints or other voice stress patterns of another person to determine the truth or falsity of statements made by such other person without his or her express written consent given in advance of the examination or recordation. (b) This section shall not apply to any peace officer, as defined in Section 830, while he is carrying out his official duties. (c) Any person who has been injured by a violator of this section may bring an action against the violator for his actual damages or one thousand dollars ($1,000), whichever is greater. 637.4. (a) No state or local governmental agency involved in the investigation or prosecution of crimes, or any employee thereof, shall require or request any complaining witness, in a case involving the use of force, violence, duress, menace, or threat of great bodily harm in the commission of any sex offense, to submit to a polygraph examination as a prerequisite to filing an accusatory pleading. (b) Any person who has been injured by a violator of this section may bring an action against the violator for his actual damages or one thousand dollars ($1,000), whichever is greater. 637.5. (a) No person who owns, controls, operates, or manages a satellite or cable television corporation, or who leases channels on a satellite or cable system shall: (1) Use any electronic device to record, transmit, or observe any events or listen to, record, or monitor any conversations that take place inside a subscriber’s residence, workplace, or place of business, without obtaining the express written consent of the subscriber. A satellite or cable television corporation may conduct electronic sweeps of subscriber households to monitor for signal quality. (2) Provide any person with any individually identifiable information regarding any of its subscribers, including, but not limited to, the subscriber’s television viewing habits, shopping choices, interests, opinions, energy uses, medical information, banking data or information, or any other personal or private information, without the subscriber’s express written consent. (b) Individual subscriber viewing responses or other individually identifiable information derived from subscribers may be retained and used by a satellite or cable television corporation only to the extent reasonably necessary for billing purposes and internal business practices, and to monitor for unauthorized reception of services. A satellite or cable television corporation may compile, maintain, and distribute a list containing the names and addresses of its subscribers if the list contains no other individually identifiable information and if subscribers are afforded the right to elect not to be included on the list. However, a satellite or cable television corporation shall maintain adequate safeguards to ensure the physical security and confidentiality of the subscriber information. (c) A satellite or cable television corporation shall not make individual subscriber information available to government agencies in the absence of legal compulsion, including, but not limited to, a court order or subpoena. If requests for information are made, a satellite or cable television corporation shall promptly notify the subscriber of the nature of the request and what government agency has requested the information prior to responding unless otherwise prohibited from doing so by law. Nothing in this section shall be construed to prevent local franchising authorities from obtaining information necessary to monitor franchise compliance pursuant to franchise or license agreements. This information shall be provided so as to omit individually identifiable subscriber information whenever possible. Information obtained by local franchising authorities shall be used solely for monitoring franchise compliance and shall not be subject to the California Public Records Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code). (d) Any individually identifiable subscriber information gathered by a satellite or cable television corporation shall be made available for subscriber examination within 30 days of receiving a request by a subscriber to examine the information on the premises of the corporation. Upon a reasonable showing by the subscriber that the information is inaccurate, a satellite or cable television corporation shall correct the information. (e) Upon a subscriber’s application for satellite or cable television service, including, but not limited to, interactive service, a satellite or cable television corporation shall provide the applicant with a separate notice in an appropriate form explaining the subscriber’s right to privacy protection afforded by this section. (f) As used in this section: (1) “Cable television corporation” shall have the same meaning as that term is given by Section 216.4 of the Public Utilities Code. (2) “Individually identifiable information” means any information identifying an individual or his or her use of any service provided by a satellite or cable system other than the mere fact that the individual is a satellite or cable television subscriber. “Individually identifiable information” shall not include anonymous, aggregate, or any other information that does not identify an individual subscriber of a video provider service. (3) “Person” includes an individual, business association, partnership, corporation, limited liability company, or other legal entity, and an individual acting or purporting to act for or on behalf of any government, or subdivision thereof, whether federal, state, or local. (4) “Interactive service” means any service offered by a satellite or cable television corporation involving the collection, reception, aggregation, storage, or use of electronic information transmitted from a subscriber to any other receiving point under the control of the satellite or cable television corporation, or vice versa. (g) Nothing in this section shall be construed to limit the ability of a satellite or cable television corporation to market satellite or cable television or ancillary services to its subscribers. (h) Any person receiving subscriber information from a satellite or cable television corporation shall be subject to the provisions of this section. (i) Any aggrieved person may commence a civil action for damages for invasion of privacy against any satellite or cable television corporation, service provider, or person that leases a channel or channels on a satellite or cable television system that violates the provisions of this section. (j) Any person who violates the provisions of this section is guilty of a misdemeanor punishable by a fine not exceeding three thousand dollars ($3,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment. (k) The penalties and remedies provided by subdivisions (i) and (j) are cumulative, and shall not be construed as restricting any penalty or remedy, provisional or otherwise, provided by law for the benefit of any person, and no judgment under this section shall preclude any person from obtaining additional relief based upon the same facts. (l) The provisions of this section are intended to set forth minimum state standards for protecting the privacy of subscribers to cable television services and are not intended to preempt more restrictive local standards. 637.6. (a) No person who, in the course of business, acquires or has access to personal information concerning an individual, including, but not limited to, the individual’s residence address, employment address, or hours of employment, for the purpose of assisting private entities in the establishment or implementation of carpooling or ridesharing programs, shall disclose that information to any other person or use that information for any other purpose without the prior written consent of the individual. (b) As used in this section, “carpooling or ridesharing programs” include, but shall not be limited to, the formation of carpools, vanpools, buspools, the provision of transit routes, rideshare research, and the development of other demand management strategies such as variable working hours and telecommuting. (c) Any person who violates this section is guilty of a misdemeanor, punishable by imprisonment in the county jail for not exceeding one year, or by a fine of not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. 637.7. (a) No person or entity in this state shall use an electronic tracking device to determine the location or movement of a person. (b) This section shall not apply when the registered owner, lessor, or lessee of a vehicle has consented to the use of the electronic tracking device with respect to that vehicle. (c) This section shall not apply to the lawful use of an electronic tracking device by a law enforcement agency. (d) As used in this section, “electronic tracking device” means any device attached to a vehicle or other movable thing that reveals its location or movement by the transmission of electronic signals. (e) A violation of this section is a misdemeanor. (f) A violation of this section by a person, business, firm, company, association, partnership, or corporation licensed under Division 3 (commencing with Section 5000) of the Business and Professions Code shall constitute grounds for revocation of the license issued to that person, business, firm, company, association, partnership, or corporation, pursuant to the provisions that provide for the revocation of the license as set forth in Division 3 (commencing with Section 5000) of the Business and Professions Code. 637.9. (a) Any person who, in the course of business, provides mailing lists, computerized or telephone-based reference services, or similar products or services utilizing lists, as defined, knowingly does any of the following is guilty of a misdemeanor: (1) Fails, prior to selling or distributing a list to a first-time buyer, to obtain the buyer’s name, address, telephone number, tax identification number if the buyer is a forprofit entity, a sample of the type of material to be distributed using the list, or to make a good-faith effort to verify the nature and legitimacy of the business or organization to which the list is being sold or distributed. (2) Knowingly provides access to personal information about children to any person who he or she knows is registered or required to register as a sex offender. (b) Any person who uses personal information about a child that was obtained for commercial purposes to directly contact the child or the child’s parent to offer a commercial product or service to the child and who knowingly fails to comply with the parent’s request to take steps to limit access to personal information about a child only to authorized persons is guilty of a misdemeanor. (c) Any person who knowingly distributes or receives any personal information about a child with knowledge that the information will be used to abuse or physically harm the child is guilty of a misdemeanor. (d) (1) List brokers shall, upon a written request from a parent that specifically identifies the child, provide the parent with procedures that the parent must follow in order to withdraw consent to use personal information relating to his or her child. Any list broker who fails to discontinue disclosing personal information about a child within 20 days after being so requested in writing by the child’s parent, is guilty of a misdemeanor. (2) Any person who, through the mail, markets or sells products or services directed to children, shall maintain a list of all individuals, and their addresses, who have requested in writing that the person discontinue sending any marketing or sales materials to the individual or the individual’s child or children. No person who is obligated to maintain that list shall cause any marketing or sales materials, other than those that are already in the process of dissemination, to be sent to any individual’s child or children, after that individual has made that written request. Any person who is subject to the provisions of this paragraph, who fails to comply with the requirements of this paragraph or who violates the provisions of this paragraph is guilty of a misdemeanor. (e) The following shall be exempt from subdivisions (a) and (b): (1) Any federal, state, or local government agency or law enforcement agency. (2) The National Center for Missing and Exploited Children. (3) Any educational institution, consortia, organization, or professional association, which shall include, but not be limited to, the California community colleges; the California State University, and each campus, branch, and function thereof; each campus, branch, and function of the University of California; the California Maritime Academy; or any independent institution of higher education accredited by an agency recognized by the federal Department of Education. For the purposes of this paragraph, “independent institution of higher education” means any nonpublic higher education institution that grants undergraduate degrees, graduate degrees, or both undergraduate and graduate degrees, is formed as a nonprofit corporation in this state, and is accredited by an agency recognized by the federal Department of Education; or any private postsecondary vocational institution registered, approved, or exempted by the Bureau of Private Postsecondary Vocational Education. (4) Any nonprofit organization that is exempt from taxation under Section 23701d of the Revenue and Taxation Code. (f) As used in this section: (1) “Child” means a person who is under 16 years of age. (2) “Parent” shall include a legal guardian. (3) “Personal information” means any information that identifies a child and that would suffice to locate and contact the child, including, but not limited to, the name, postal or electronic mail address, telephone number, social security number, date of birth, physical description of the child, or family income. (4) “List” may include, but is not limited to, a collection of name and address records of individuals sharing a common interest, purchase history, demographic profile, membership, or affiliation. 638. (a) Any person who purchases, sells, offers to purchase or sell, or conspires to purchase or sell any telephone calling pattern record or list, without the written consent of the subscriber, or any person who procures or obtains through fraud or deceit, or attempts to procure or obtain through fraud or deceit any telephone calling pattern record or list shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in a county jail not exceeding one year, or by both a fine and imprisonment. If the person has previously been convicted of a violation of this section, he or she is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in a county jail not exceeding one year, or by both a fine and imprisonment. (b) Any personal information contained in a telephone calling pattern record or list that is obtained in violation of this section shall be inadmissible as evidence in any judicial, administrative, legislative, or other proceeding except when that information is offered as proof in an action or prosecution for a violation of this section, or when otherwise authorized by law, in any criminal prosecution. (c) For purposes of this section: (1) “Person” includes an individual, business association, partnership, limited partnership, corporation, limited liability company, or other legal entity. (2) “Telephone calling pattern record or list” means information retained by a telephone company that relates to the telephone number dialed by the subscriber, or other person using the subscriber’s telephone with permission, or the incoming number of a call directed to the subscriber, or other data related to such calls typically contained on a subscriber telephone bill such as the time the call started and ended, the duration of the call, any charges applied, and any information described in subdivision (a) of Section 2891 of the Public Utilities Code whether the call was made from or to a telephone connected to the public switched telephone network, a cordless telephone, as defined in Section 632.6, a telephony device operating over the Internet utilizing voice over Internet protocol, a satellite telephone, or commercially available interconnected mobile phone service that provides access to the public switched telephone network via a mobile communication device employing radiowave technology to transmit calls, including cellular radiotelephone, broadband Personal Communications Services, and digital Specialized Mobile Radio. (3) “Telephone company” means a telephone corporation as defined in Section 234 of the Public Utilities Code or any other person that provides residential or commercial telephone service to a subscriber utilizing any of the technologies or methods enumerated in paragraph (2). (4) For purposes of this section, “purchase” and “sell” shall not include information provided to a collection agency or assignee of the debt by the telephone corporation, and used exclusively for the collection of the unpaid debt assigned by the telephone corporation, provided that the collection agency or assignee of the debt shall be liable for any disclosure of the information that is in violation of this section. (d) An employer of, or entity contracting with, a person who violates subdivision (a) shall only be subject to prosecution pursuant to that provision if the employer or contracting entity knowingly allowed the employee or contractor to engage in conduct that violated subdivision (a). (e) It is the intent of the Legislature to ensure that telephone companies maintain telephone calling pattern records or lists in the strictest confidence, and protect the privacy of their subscribers with all due care. While it is not the intent of the Legislature in this act to preclude the sharing of information that is currently allowed by both state and federal laws and rules governing those records, it is the Legislature’s intent in this act to preclude any unauthorized purchase or sale of that information. (f) This section shall not be construed to prevent a law enforcement or prosecutorial agency, or any officer, employee, or agent thereof from obtaining telephone records in connection with the performance of the official duties of the agency consistent with any other applicable state and federal law. (g) Nothing in this section shall preclude prosecution under any other provision of law. (h) The Legislature hereby finds and declares that, notwithstanding the prohibition on specific means of making available or obtaining personal calling records pursuant to this section, the disclosure of personal calling records through any other means is no less harmful to the privacy and security interests of Californians. This section is not intended to limit the scope or force of Section 2891 of the Public Utilities Code in any way.

The California Office of Privacy Protection provides a more up-to-date list of California privacy-related laws at www.privacy.ca.gov/califlegis.htm [1]. The OPP’s list is particularly more current on laws related to identity theft.

Arrest Records

Whenever a person is acquitted of a charge and it appears to a judge that the person was innocent of the charge, the judge may order the case sealed and later destroyed. The person may then claim that he/she was not arrested. Cal. Penal Code 851.8 Records of arrest prior to 1976 may be destroyed upon petition to a court. Cal. Health and Safety Code 11361.5

Law enforcement agencies may not disclose criminal history information with the intent of affecting a person’s employment prospects. Cal. Labor Code 432.7 (f)(1). Public and private employers may not inquire into arrests of applicants, nor may public agencies inquire into arrests on applications for a license, certificate or registration. Cal. Labor Code 432.7 and Cal. Bus. & Prof. Code 461. Nor may auto insurers inquire. Cal. Ins. Code 11580.08. Mere detentions, not regarded as arrests, must be accompanied by a record of release and the individual is entitled to a certificate labeling the incident a detention. Cal. Penal Code 851.69(b). (Smith, 1992, 1994)

Cable Television

State law prohibits a cable television corporation from using any electronic device to record, transmit, or observe events inside a subscriber’s premises and from disclosing any information about the subscriber without their consent. Companies may sell lists of subscribers and addresses if they permit a subscriber to be deleted from such lists. Customers have a right to inspect and correct information about them. Cal. Penal Code 637.5. (Smith, 1992, 1994)

California Constitution – Inalienable Rights

Article 1, Section 1

“All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy.” (Amended Nov. 7, 1972, to add the word “privacy.”)

The right to privacy is an inalienable right granted to all people under the California Constitution.

Generally, state restrictions and laws which threaten or hamper one’s right to privacy are judged under the standard of “strict scrutiny.”

The inalienable right to privacy has been subject to various legal interpretations in the following subject areas: airline travel, bank records, children and minors, communications, credit cards, election materials, entertainment services, hospitals, informants, prison conduct, jurors, medical information, motor vehicle records, narcotics, police activity, private investigations, public officials, public housing, public records, publications, sexual relations, commercial transactions, telephones and zoning.

Check Writing

Merchants may not require that customers’ credit card numbers be recorded on checks. And they may not require that a credit card be shown as a condition of accepting the check (it can be requested however). Cal. Civil Code 1725.

Computer Crime

It is a crime to “intentionally access…any computer system or computer network from the purpose of devising or executing any scheme or artifice; to defraud or extort or obtain money, property or services with false or fraudulent intent, representations, or premises; or to maliciously access, alter, delete, damage, or destroy, any computer system, computer network, computer program or data.” Cal. Penal Code 502. (Smith, 1992, 1994)

Publishing a Personal Identification Number (PIN), password, access code, debt card number, or bank account number is a crime. Penal Code 484j. (Smith, 1992, 1994)

Credit Card

Retailers are prohibited from writing personal information on credit card transaction slips, with some exceptions. Retailers can require to see specific documents such as a driver’s license but cannot record that information. Cal. Civil Code 1747.08

Credit Reporting

Consumer reporting agencies must allow consumers to visually inspect all files maintained regarding such consumer at the time of the request. Consumer credit reports may also be furnished for the purposes of court orders, subpoenas, employment, governmental licensing, underwriting or other legitimate business reasons. Recipients of such information must identify themselves, certify the purposes for which the information is sought and certify that the information will be used for no other purposes.

Consumer credit reporting agencies shall reinvestigate and record the current status of disputed information unless it has reasonable grounds to believe that the dispute by the consumer is frivolous or irrelevant. If the disputed item is found to be missing, inaccurate or can no longer be verified, the consumer credit reporting agency must correct such information and shall notify the consumer of the change(s).

Consumer credit reporting agencies shall specify the source of such credit information and the date that such information was initially reported or publicized. Negative submissions to credit reports must be reported to the effected consumer. Cal. Civil Code 1785, California Consumer Credit Reporting Agencies Act.

Debt Collection Practices

Debt collectors are prohibited from using physical force or violence as a means of collecting consumer debt.

Debt collectors may not communicate with the debtor’s employer regarding the consumer’s debt unless such communication is necessary to the collection of the debt.

Such communication is necessary only if it is made for the purposes of verifying the debtor’s employment, locating the debtor, or effecting garnishment, after judgment of the debtor’s wages, or in the case of a medical debt for the purpose of discovering the existence of medical insurance.

Debt collectors may not communicate with the members of the debtor’s family or spouse prior to obtaining a judgment against the debtor. Disclosure, publication or communication by a debt collector of information relating to consumer debt is proper if the recipient has a legitimate business need for such information. Cal. Civil Code 1788, Fair Debt Collection Practices.

DMV Records, Disclosure

Motor vehicles registration information may be sold at cost, but the buyer must identify themselves and the reason for the request. Data is available to the press and an attorney for pending litigation. There is a ten-day wait for a person requesting access to another person’s motor vehicle records. Cal. Civ. Code 1798.26. A person may give an alternative address or motor vehicle registration so that one’s true home address is not publicly released. Cal. Health & Safety Code 18081. (Smith, 1992, 1994)

All records of the department relating to the physical or mental condition of any person, and convictions of any offense involving the use or possession of controlled substances not arising from circumstances involving a motor vehicle are confidential and not open the public inspection. A dismissal from a driving school is confidential. Motor vehicle departments may sell information from their registration or drivers’ license records. Drivers must show proof of insurance after being cited for a traffic violation. DMV records of public employees and their spouses and children must remain confidential. Cal. Vehicle Code 1653.

Electronic Commerce

Specific disclosure requirements apply to commercial services that occur via electronic commerce. These disclosure requirements include: name, address and telephone number of the provider of service; the procedures a consumer may follow in order to resolve complaints; and any charges to the consumer imposed by the provider for the use of the service. Cal. Civil Code 1789, Electronic Commerce Act of 1984.

Employment Records

Public and private employers are required to permit an employee to inspect all records and personnel files concerning the employee, at reasonable times, upon request. Letters of reference and criminal investigation records excluded. Records must be made available where the employee reports to work. Cal. Labor Code 1198.5 and Cal. Educ. Code 24317 and 92612. This section shall not apply to the state and any state agency or public school districts with respect to employees covered by Section 44031 of the Education Code. The Labor Commission does include ex-employees for a specific period of time, it does not include applicants 1196.5.

There are limits on employers use of applicants’ medical histories. Cal. Civ. Code 56.05(b) and 56.20(a).There may be no “spotters” monitoring employees in a “public service corporation.” Cal. Pub. Util. Code 8251. (Smith, 1992, 1994)

Employment, Polygraphing

Cal. Labor Code 432.2 prohibits mandatory polygraphing in private employment. Police officers do not have to submit to polygraphing in departmental investigations. Cal. Govt. Code 3307.

False Personation

False personation is a crime subject to strict penalties which include fines and imprisonment. Court appearances, publications, debitures, and the assumption of legal rights and responsibilities constitute circumstances in which false personation is a crime. Manufacture, possession or sale of documents meant for to advance false identities, such as altered birth certificates or driver’s licenses, are punishable crimes. Any person who fraudulently defrauds, through false personation, any other person of money, labor or property is guilty of larceny. Cal. Penal Code 528-539.

Financial Records – Banks, Government Access

No officer or employee of a state or local governmental agency may request the financial records of a customer in connection with a civil or criminal investigation, unless the financial records are described with particularity and are consistent with the scope and requirements of the investigation. Such disclosure must be authorized by the customer. Disclosure must be made pursuant to an administrative subpoena or summons; search warrant; or judicial subpoena. Notice not required if judge determines that law or state regulation has been or is about to be violated. Financial institutions shall maintain the financial records of all examinations or disclosures for a period of five years. Cal. Civil Code 7460, California Right to Financial Privacy Act.

Information Practices Act

The state’s Fair Information Practices Act, which is similar to those in other states, gives citizens the right to see and correct state files about themselves. State agencies may disclose personal information only in limited circumstances. The state university system and police are exempt. Unlike other states, California permits invasion-of-privacy lawsuits against a person who intentionally discloses personal information that he/she should have known came from a state or federal agency in violation of law. (Smith, 1992, 1994)

The protected personal data contained in this act covers a variety of administrative, medical and criminal records. Each agency responsible for collecting such personal information shall maintain the source or sources of the information. Disclosure may only occur upon prior written consent, to a duly appointed guardian or conservator, or to officers, employees, attorneys, or volunteers of the agency which has custody of the information. Cal. Civil Code 1798.

Santa Clara County government data banks are regulated by a Data Confidentiality Review Commission. Ordinance No. NS-300.219.1. (Smith, 1992, 1994)

Investigative Consumer Reports

Investigative consumer reports pertain to personal and demographic information obtained through personal interviews with neighbors, friends, or associates of the consumer. The requestor of the report must notify the subject that he or she is the subject of such a report. Individuals have the same right to correct and dispute incorrect or incomplete information as they do with their credit reports. Cal. Civil Code 1786, Investigative Consumer Reporting Agencies Act.

Insurance Information and Privacy Protection Act

Insurance agents and institutions are prohibited from obtaining consumer credit reports about an individual in connection with an insurance transaction. Individuals may obtain personal records from the insurance institution after submission of a written request with proper identification. Cal. Insurance Code, Article 6.6, sec. 791.

Medical Records

Patients are entitled to access their medical records upon written request upon payment of reasonable costs incurred in making such records available. A minor’s request to access medical information is limited to the type for which the minor is lawfully authorized to consent. Medical records can not be withheld on account of unpaid bills. Cal. Health and Safety Code 123100.

Disclosure of medical records to third parties is prohibited without written consent of the patient. Medical records may be compelled by court order or by an administrative agency. Cal. Civil Code 56.

A patient’s name, the general nature of the injury and the condition of the patient are not considered medical records for the purposes of confidentiality. Cal. Civil Code 56.16.

Reporting and disclosure requirements are given flexibility in order to provide for the compilation of data with respect to the incidence of cancer for reasons of public health. Cal. Health and Safety Code 103885.

Medical Records – HIV Testing

Negligent or willful disclosure of HIV test results to third parties is expressly prohibited. Civil penalties, not to exceed $1,000, shall be levied against those that participate in such conduct. Cal. Health and Safety Code 199.

Miscellaneous

There may be no “two-way mirrors” in rest rooms, locker rooms, showers, fitting rooms, or hotel rooms except for treatment facilities and educational institutions. Cal. Penal Code 653n.

County welfare departments and district attorneys are prohibited from asking applicants to Aid for Families with Dependent Children about paternity “where paternity is not logically an issue.” Cal. Wel. & Inst. Code 11477.

Businesses that provide bookkeeping services may not disclose business or personal information without written consent, except under legal process; for tax enforcement or to aid a criminal investigation. Cal. Civil Code 1799.

Police Records

Complaints, investigations or intelligence records produced by state, local or federal enforcement and police agencies are protected materials not subject to public disclosure.

Police shall provide copies of police reports (description of witnesses, parties, date, time and type of activity) to the victim(s) of a police related incident. Such reports also shall be made available to authorized representatives, such as insurance companies to which a claim has been made. Records which may endanger the safety and health of a witness, reveal the state agencies’ deliberative processes or threaten the completion of an investigation are not disclosed. Cal. Government Code 6254(f), Exemption of particular records.

Public Records Act

Library records are exempt under the state public records law. Cal. Govt. Code 6254(j).

“Personnel, medical or similar files” may be withheld if disclosure “would constitute an unwarranted invasion of personal privacy.” (68 Ops. AG 73 (1985))

Data submitted confidentially or made secret by law may be withheld. Cal. Govt. Code 6254(d). Other categories of data exempt from disclosure are listed in section 6254.

School Records

Schools must notify in writing parents of their rights and responsibilities with respect to school records. Records may be changed, amended or altered upon a parent’s written request according to the accuracy or competence of those records. Information cannot be released to private profit making entities other than employers, prospective employers and representatives of the news media. Cal. Education Code 49061.

Sex Offenders, Registration

Convicted sexual offenders are required to register with local law enforcement or University security officials wherever domiciled in the State. Registration applies in cases of change of address as well. Cal. Penal Code 290, Duty to Register.

Stalking

Stalking includes the willful, malicious and repeated harassment or following of another person which includes threats to that person’s safety or the safety of their family. Special victim notifications requirements apply to the release of convicted stalkers. Stalking can include tortious conduct. Employers also may protect stalked employees through the adoption of temporary restraining orders on behalf of the employee. Cal. Penal Code 646.9.

Taxation and Revenue

Employees or agents of the Tax Board may not disclose or make known in any manner information as to the amount of income or any particulars set forth or enclosed therein a tax return. Such information may be disclosed in accordance with proper judicial order in cases or actions for the enforcement or prosecution of tax violations. Returns will be made available to inspection by the Attorney General or other legal representatives of the state. Income statements may be made available to the State Department of Social Services. Likewise, the California Student Aid Commission may also share information with the Tax Board. Cal. Administration of Tax, Article 2, sec. 19281.

Telephone Harassment

The commission of threatening, harassing or obscene phone calls is a misdemeanor. Penalties increase with the frequency of such calls and the location of the victim when receiving calls (i.e. workplace). Relief may include temporary restraining orders, injunctions or other court orders. Cal. Penal Code 653m, Telephone calls with intent to annoy. See also Cal. Penal Code section 422-422.1.

Telephone Records

No information regarding calling patterns, credit or financial information, subscriber services, or demographic data shall be disclosed by any telephone company without first obtaining the residential subscriber’s consent. Exceptions include directory assistance services, postal zip codes, collection and billing materials, documents made available pursuant to FCC reporting requirements and the names and addresses of lifeline customers for the purpose of low-income assistance outreach. Cal. PUC, Article 3, Sec. 2891, Customer Right to Privacy.

Telephone companies may not include unlisted “telephone access numbers” on lists they rent. Cal. Pub. Util. Code 2891.1 (Smith, 1992, 1994)

Telephone Solicitation

State law outlaws automatic recording devices in telephone sales, except with consent and a live operator introducing the message. Cal. Pub. Util. Code 2873 and 2874.

“Caller ID,” a service that displays the incoming telephone number on a person’s telephone, may be offered by telephone companies only if they also offer a free service whereby callers may block the display. Cal. Pub. Util. Code 2893.

Telephone companies may not include unlisted “telephone access numbers” on lists they rent. Nor may they disclose certain subscriber information. Cal. Pub. Util. Code 2891.1

It is unlawful to disseminate an unsolicited prerecorded message by telephone without an unrecorded, natural voice first informing the person answering the telephone of the name of the caller or organization being represented and without obtaining the consent of that person to listen to the prerecorded message. This does not apply to a message disseminated to a business associate, customer, or other person having an established relationship with the person or organization making the call.

No person shall connect any automatic dialing-announcing device to a telephone line without making a written application to the telephone corporation within whose service area this device will be used. Cal Pub Util Code 2875. Automatic dialing-announcing devices may be used to place calls over telephone lines only pursuant to a prior agreement between the persons involved. Cal Pub Util Code 2873. No person shall operate an automatic dialing-announcing device in this state to place a call that is received by a telephone in this state during the hours between 9pm and 9am, California time. Some exceptions include educational institutions, an exempt organization under the Bank and Corporation Tax Law, public utilities, law enforcement agencies and petroleum refineries. Cal. Pub Util Code 2872. Any person violating this article is guilty of a civil offense and is subject to penalties. Cal Pub. Util Code 2876. (Smith 1992, 1994)

Video Store Lists

Personal information, including sales and rental information, may not be disclosed by video rental stores, except by consent; by court order or search warrant or civil discovery; or for tax administration or to law enforcement. Individuals’ names and addresses only may be disclosed for use in commercial mailing lists. Cal. Civ. Code 1799.3. (Smith, 1992, 1994)

Voter Registration Records

Certain parts of the record are confidential, such as the residential address, telephone number, occupation, precinct number and prior registration information. Exceptions include disclosure to political parties, committees or candidates for use as journalistic, scholarly, governmental or political purposes. Cal. Elections Code 2188, 2194.

Wiretapping

Eavesdropping or the recording of privileged communications (i.e. physician-patient, attorney-client, religious advisor-worshiper) without the permission of all the parties is unlawful.

Any person not a party to a telephonic communications who willfully discloses the contents of the communication is punishable by imprisonment and/or by fine. Opening and reading some else’s telegraphic communication with the intent to detain the usage of the person entitled to receive such message is punishable.

Interception and recording of cellular telephone conversations is unlawful behavior subject to fines and imprisonment. This applies equally to cordless phones. Manufacture, sale or possession of recording devices primarily or exclusively designed for the unauthorized interception of cellular or cordless phone calls is strictly prohibited. Cal. Penal Code 631-637.

Invasion of Privacy – Intrusion of Solitude

Intrusion of solitude, seclusion or into private affairs is a subset of invasion of privacy earmarked by some spying on or intruding upon another person where that person has the expectation of privacy. The place that the person will have an expectation of privacy is usually in a home or business setting. People who are out in a public place do not have the same expectation for privacy, according to most state laws, than do people who are inside their own homes.

For instance, journalist, investigators, law enforcement and others may not place wiretaps on a private individuals telephone without his or her consent. However, law enforcement, may at times circumvent this law by obtaining permission from the courts first. In rare cases, law enforcement may even obtain permission after-the-fact for the wiretaps.

Opening someone’s mail is also considered to be intrusion of solitude, seclusion or private affairs. The information gathered by this form of intrusion need not be published in order for an invasion of privacy claim to succeed. Trespass is closely related to the intrusion tort and may be claimed simultaneously.
Invasion of Privacy – Appropriation of Name, Likeness or Identity

The appropriation of a private person’s name, likeness or identity by a person or company for commercial gain in prohibited under the invasion of privacy laws. This law pertains to a private figure and not a public figure or celebrity, who have fewer and different privacy rights.

This law was born from a couple of court decisions in the early 1900’s where a private person’s photograph was being used without consent for advertising purposes and without the person receiving any money for using their pictures in print. The courts recognized the common law right to privacy including a person’s identity had been violated by the unauthorized commercial use. In later cases, a person’s voice was also included.

Public figures, especially politicians do not have the same right to privacy in regards to appropriation of name, likeness or identity since there is much less expectation of privacy for public figures. Celebrities may sue for the appropriation of name, likeness or identity not on grounds of invasion of privacy, but rather on owning their own right to publicity and the monetary rewards (or damages) that come from using their likeness.
Invasion of Privacy – False Light

The invasion of privacy tort of false light is upheld in court when the plaintiff can prove that the defendant publicize the plaintiff in such as way that it would be highly offensive to a reasonable person. This tort shares many similarities with libel and many courts have trouble separating the two. As in libel, the best defense in a false light invasion of privacy case is telling the truth. If the defendant made a highly offensive public statement about the plaintiff that happened to be true, the there is no false light claim.

Some high-interest supermarket tabloids have been successfully sued for false light invasion of privacy claims. Printing a private person’s name or likeness in a way that is highly offensive and untrue has opened up some of these papers to large damage awards.
Invasion of Privacy – Public Disclosure of Embarrassing Private Facts

Public disclosure of embarrassing private facts is an invasion of privacy tort when the disclosure is so outrageous that it is of no public concern and it outrages the public sense of decency. In this invasion of privacy tort, the information may be truthful and yet still be considered an invasion if it is not newsworthy, the event took place in private and there was no consent to reveal the information. Divorce situations and relationship breakups may involve this kind of invasion of privacy tort.
Invasion of privacy became part of public consciousness when Samuel D. Warren and Louis D. Brandeis wrote an article titled “Right to Privacy” in the 1890 Harvard Law Review, which is the basis for today’s privacy laws. Also, see the Privacy Act of 1974 for more information.

Under California Penal Code Section 647, an act of voyeurism means to view through a visible “opening” or with an instrument (such as a remote camera) any place in which a person has a reasonable expectation of privacy. Examples of private places referenced in the code are bathrooms, the interior of bedrooms, changing rooms or tanning booths though, in reality, voyeurism can occur any place where the victim can argue their right to privacy. Surreptitiously recording under or “through” a person’s clothing or recording a person who is nude or partially undressed without their consent are also acts of criminal voyeurism.

Read more: California Law on Voyeurism | eHow.com http://www.ehow.com/facts_6877178_california-law-voyeurism.html#ixzz19HnrfFPy

Invasion of privacy is a legal term essentially defined as a violation of the right to be left alone. The right to privacy is the right to control property against search and seizure, and to control information about oneself. However, public figures have less privacy, and this is an evolving area of law as it relates to the media.
Development of the doctrine

The development of the doctrine regarding this tort was largely spurred by an 1890 Harvard Law Review article written by Samuel D. Warren and Louis D. Brandeis on The Right of Privacy. Modern tort law gives four categories of invasion of privacy:

Intrusion of solitude
Public disclosure of private and embarrassing facts.
False light
Appropriation of identity

Intrusion of solitude

Intrusion of solitude occurs where one person exposes another to unwarranted publicity. In a famous case from 1944, author Marjorie Kinnan Rawlings was sued by Zelma Cason, who was portrayed as a character in Rawlings’ acclaimed memoir, Cross Creek.[1] The Florida Supreme Court held that a cause of action for invasion of privacy was supported by the facts of the case, but in a later proceeding found that there were no actual damages.
Public disclosure

Public disclosure of private facts arises where one person reveals information which, although truthful, is not of public concern, and the release of which would offend a reasonable person.
False light

This tort encompasses the claim that publicity invades a person’s privacy by a false statement or representation that places the person in a false light that would be highly offensive to a reasonable person. For example, in Peoples Bank & Trust Co. v. Globe Int’l, Inc., a tabloid newspaper printed the picture of a 96-year-old Arkansas woman next to the headline “SPECIAL DELIVERY: World’s oldest newspaper carrier, 101, quits because she’s pregnant! I guess walking all those miles kept me young”. 786 F. Supp. 791, 792 (D. Ark. 1992). The woman (not in fact pregnant), Nellie Mitchell, who had run a small newsstand on the town square since 1963, prevailed at trial under a theory of false light invasion of privacy, and was awarded damages of $1.5M. The tabloid appealed, generally disputing the offensiveness and falsity of the photograph, and arguing that Mitchell had not actually been injured, and claiming that Mitchell had failed to prove that any employee of the tabloid knew or had reason to know that its readers would conclude that the story about the pregnant carrier related to the photograph printed alongside. The court of appeals rejected all the tabloid’s arguments, holding that “[i]t may be. . .that Mrs. Mitchell does not show a great deal of obvious injury, but. . . Nellie Mitchell’s experience could be likened to that of a person who had been dragged slowly through a pile of untreated sewage. . . [and] few would doubt that substantial damage had been inflicted by the one doing the dragging.”
Appropriation

Although this is a common-law tort, most states have enacted statutes that prohibit the use of a person’s name or image if used without consent for the commercial benefit of another person.
Privacy and the Fourth Amendment

Invasion of privacy is a commonly used cause of action in a legal pleading. The Fourth Amendment to the Constitution of the United States ensures that “the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” The amendment, however, only protects against searches and seizures conducted by the government. Invasions of privacy by persons who are not state actors must be dealt with under private tort law.

Video Voyeurism Laws Federal Law • Video Voyeurism Prevention Act of 2004, 18 U.S.C.A. § 1801.• Jurisdiction limited to maritime and territorial jurisdiction, or federal property including but not limited to territories, federal reserves or parks, federal prisons, etc. • Prohibits the recording by any means or disseminating images of an individual’s “private areas” without consent under circumstances in which that individual has a reasonable expectation of privacy, regardless of whether the individual is in a private or public location. • Penalty of a fine and/or up to one year imprisonment.

The following states have laws which prohibit non-consensual photographic or video recording of persons in a state of undress or nudity in locations where the individual has a reasonable expectation of privacy. These locations vary and include, but are not exclusive of: restrooms, changing areas, locker rooms. *In addition to criminalizing video voyeurism as stated above, states marked with an asterisk also specifically prohibit what is known as “upskirting” and “down-blousing.” These laws prohibit surreptitious or concealed photography and video recordings of an individual’s body, under or through that persons clothing, without the individual’s knowledge and consent regardless of whether the individual is in a private or public location. The additional language is part of the statute cited, unless a separate citation is given.

Video VOYEURISM

TE- 18 USC CHAPTER 88 – PRIVACY 02/01/2010 -EXPCITE- TITLE 18 – CRIMES AND CRIMINAL PROCEDURE PART I – CRIMES CHAPTER 88 – PRIVACY -HEAD- CHAPTER 88 – PRIVACY -MISC1- Sec. 1801. Video voyeurism. -End- -CITE- 18 USC Sec. 1801 02/01/2010 -EXPCITE- TITLE 18 – CRIMES AND CRIMINAL PROCEDURE PART I – CRIMES CHAPTER 88 – PRIVACY -HEAD- Sec. 1801. Video voyeurism -STATUTE-

(a) Whoever, in the special maritime and territorial jurisdiction of the United States, has the intent to capture an image of a private area of an individual without their consent, and knowingly does so under circumstances in which the individual has a reasonable expectation of privacy, shall be fined under this title or imprisoned not more than one year, or both.

(b) In this section –

(1) the term “capture”, with respect to an image, means to videotape, photograph, film, record by any means, or broadcast; (2) the term “broadcast” means to electronically transmit a visual image with the intent that it be viewed by a person or persons;

(3) the term “a private area of the individual” means the naked or undergarment clad genitals, pubic area, buttocks, or female breast of that individual;

(4) the term “female breast” means any portion of the female breast below the top of the areola; and

(5) the term “under circumstances in which that individual has a reasonable expectation of privacy” means –

(A) circumstances in which a reasonable person would believe that he or she could disrobe in privacy, without being concerned that an image of a private area of the individual was being captured; or

(B) circumstances in which a reasonable person would believe that a private area of the individual would not be visible to the public, regardless of whether that person is in a public or private place.

(c) This section does not prohibit any lawful law enforcement, correctional, or intelligence activity. -SOURCE- (Added Pub. L. 108-495, Sec. 2(a), Dec. 23, 2004, 118 Stat. 3999.) -MISC1- SHORT TITLE OF 2004 AMENDMENT Pub. L. 108-495, Sec. 1, Dec. 23, 2004, 118 Stat. 3999, provided that: “This Act [enacting this chapter] may be cited as the ‘Video Voyeurism Prevention Act of 2004′.”

1st degree Felony Mayhem, Felony Aggravated Mayhem and Torture

SECTION 203.206.1

1ST DEGREE FELONY MAYHEM, 1ST DEGREE FELONY AGGRAVATED MAYHEM AND TORTURE WITH MORAL TURPITUDE

SECTION

203-206.1

203. Every person who unlawfully and maliciously

deprives a human being of a member of his body, or

disables, disfigures, or renders it useless, or cuts or

disables the tongue, or puts out an eye, or slits the nose,

ear, or lip, is guilty of mayhem.

204. Mayhem is punishable by imprisonment in the state

prison for two, four, or eight years.

205. A person is guilty of aggravated mayhem when he or

she unlawfully, under circumstances manifesting extreme

indifference to the physical or psychological well-being of

another person, intentionally causes permanent disability

or disfigurement of another human being or deprives a human

being of a limb, organ, or member of his or her body. For

purposes of this section, it is not necessary to prove an

intent to kill. Aggravated mayhem is a felony punishable

by imprisonment in the state prison for life with the

possibility of parole.

206. Every person who, with the intent to cause cruel or

extreme pain and suffering for the purpose of revenge,

extortion, persuasion, or for any sadistic purpose,

inflicts great bodily injury as defined in Section 12022.7

upon the person of another, is guilty of torture. The

crime of torture does not require any proof that the victim

suffered pain.

206.1. Torture is punishable by imprisonment in the state

on for a term of life.

VIOLATION OF

NUREMBERG CODE 1947

The voluntary consent of the human subject is absolutely essential. This means that the person involved should have legal capacity to give consent; should be so situated as to be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, over-reaching, or other ulterior form of constraint or coercion; and should have sufficient knowledge and comprehension of the elements of the subject matter involved as to enable him to make an understanding and enlightened decision. This latter element requires that before the acceptance of an affirmative decision by the experimental subject there should be made known to him the nature, duration, and purpose of the experiment; the method and means by which it is to be conducted; all inconveniences and hazards reasonable to be expected; and the effects upon his health or person which may possibly come from his participation in the experiment.  

Universal Declaration of Human Rights 1948 which, at Article 5, states that “No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.”

1964 18th World Medical Assembly of the World Medical Association – Helsinki Declaration

1966 UN International Covenant of Civil and Political Rights Article 7 – expanded Cruel and inhuman treatment to include unconsented experimentation on humans and which now prohibits the use of human subjects in medical or scientific experimentation without their free consent.

Violation of Fourth, Fifth, and Eighth to the US Constitution

4th – unlawful searches and seizures – to be secure in their person”

5th –
§ 2441. War crimes

(a) Offense.— Whoever, whether inside or outside the United States, commits a war crime, in any of the circumstances described in subsection (b), shall be fined under this title or imprisoned for life or any term of years, or both, and if death results to the victim, shall also be subject to the penalty of death.

(b) Circumstances.— The circumstances referred to in subsection (a) are that the person committing such war crime or the victim of such war crime is a member of the Armed Forces of the United States or a national of the United States (as defined in section 101 of the Immigration and Nationality Act).

(1) defined as a grave breach in any of the international conventions signed at Geneva 12 August 1949, or any protocol to such convention to which the United States is a party;

(2) prohibited by Article 23, 25, 27, or 28 of the Annex to the Hague Convention IV, Respecting the Laws and Customs of War on Land, signed 18 October 1907;

(3) which constitutes a grave breach of common Article 3 (as defined in subsection (d)) when committed in the context of and in association with an armed conflict not of an international character; or

(4) of a person who, in relation to an armed conflict and contrary to the provisions of the Protocol on Prohibitions or Restrictions on the Use of Mines, Booby-Traps and Other Devices as amended at Geneva on 3 May 1996 (Protocol II as amended on 3 May 1996), when the United States is a party to such Protocol, willfully kills or causes serious injury to civilians.

(d) Common Article 3 Violations.—

(1) Prohibited conduct.— In subsection (c)(3), the term “grave breach of common Article 3” means any conduct (such conduct constituting a grave breach of common Article 3 of the international conventions done at Geneva August 12, 1949), as follows:

(A) Torture.— The act of a person who commits, or conspires or attempts to commit, an act specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control for the purpose of obtaining information or a confession, punishment, intimidation, coercion, or any reason based on discrimination of any kind.

(B) Cruel or inhuman treatment.— The act of a person who commits, or conspires or attempts to commit, an act intended to inflict severe or serious physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions), including serious physical abuse, upon another within his custody or control.

(C) Performing biological experiments.— The act of a person who subjects, or conspires or attempts to subject, one or more persons within his custody or physical control to biological experiments without a legitimate medical or dental purpose and in so doing endangers the body or health of such person or persons.

(D) Murder.— The act of a person who intentionally kills, or conspires or attempts to kill, or kills whether intentionally or unintentionally in the course of committing any other offense under this subsection, one or more persons taking no active part in the hostilities, including those placed out of combat by sickness, wounds, detention, or any other cause.

(E) Mutilation or maiming.— The act of a person who intentionally injures, or conspires or attempts to injure, or injures whether intentionally or unintentionally in the course of committing any other offense under this subsection, one or more persons taking no active part in the hostilities, including those placed out of combat by sickness, wounds, detention, or any other cause, by disfiguring the person or persons by any mutilation thereof or by permanently disabling any member, limb, or organ of his body, without any legitimate medical or dental purpose.

(F) Intentionally causing serious bodily injury.— The act of a person who intentionally causes, or conspires or attempts to cause, serious bodily injury to one or more persons, including lawful combatants, in violation of the law of war.

(G) Rape.— The act of a person who forcibly or with coercion or threat of force wrongfully invades, or conspires or attempts to invade, the body of a person by penetrating, however slightly, the anal or genital opening of the victim with any part of the body of the accused, or with any foreign object.

(H) Sexual assault or abuse.— The act of a person who forcibly or with coercion or threat of force engages, or conspires or attempts to engage, in sexual contact with one or more persons, or causes, or conspires or attempts to cause, one or more persons to engage in sexual contact.

(I) Taking hostages.— The act of a person who, having knowingly seized or detained one or more persons, threatens to kill, injure, or continue to detain such person or persons with the intent of compelling any nation, person other than the hostage, or group of persons to act or refrain from acting as an explicit or implicit condition for the safety or release of such person or persons.

(2) Definitions.— In the case of an offense under subsection (a) by reason of subsection (c)(3)—

(A) the term “severe mental pain or suffering” shall be applied for purposes of paragraphs (1)(A) and (1)(B) in accordance with the meaning given that term in section 2340 (2) of this title;

(B) the term “serious bodily injury” shall be applied for purposes of paragraph (1)(F) in accordance with the meaning given that term in section 113 (b)(2) of this title;

(C) the term “sexual contact” shall be applied for purposes of paragraph (1)(G) in accordance with the meaning given that term in section 2246 (3) of this title;

(D) the term “serious physical pain or suffering” shall be applied for purposes of paragraph (1)(B) as meaning bodily injury that involves—

(i) a substantial risk of death;

(ii) extreme physical pain;

(iii) a burn or physical disfigurement of a serious nature (other than cuts, abrasions, or bruises); or

(iv) significant loss or impairment of the function of a bodily member, organ, or mental faculty; and

(E) the term “serious mental pain or suffering” shall be applied for purposes of paragraph (1)(B) in accordance with the meaning given the term “severe mental pain or suffering” (as defined in section 2340 (2) of this title), except that—

(i) the term “serious” shall replace the term “severe” where it appears; and

(ii) as to conduct occurring after the date of the enactment of the Military Commissions Act of 2006, the term “serious and non-transitory mental harm (which need not be prolonged)” shall replace the term “prolonged mental harm” where it appears.

(3) Inapplicability of certain provisions with respect to collateral damage or incident of lawful attack.— The intent specified for the conduct stated in subparagraphs (D), (E), and (F) or paragraph (1) precludes the applicability of those subparagraphs to an offense under subsection (a) by reasons of subsection (c)(3) with respect to—

(A) collateral damage; or

(B) death, damage, or injury incident to a lawful attack.

(4) Inapplicability of taking hostages to prisoner exchange.— Paragraph (1)(I) does not apply to an offense under subsection (a) by reason of subsection (c)(3) in the case of a prisoner exchange during wartime.

(5) Definition of grave breaches.— The definitions in this subsection are intended only to define the grave breaches of common Article 3 and not the full scope of United States obligations under that Article.

(a) Offense.— Whoever knowingly—

(1) recruits, enlists, or conscripts a person to serve while such person is under 15 years of age in an armed force or group; or

(2) uses a person under 15 years of age to participate actively in hostilities;

knowing such person is under 15 years of age, shall be punished as provided in subsection (b).

(b) Penalty.— Whoever violates, or attempts or conspires to violate, subsection (a) shall be fined under this title or imprisoned not more than 20 years, or both and, if death of any person results, shall be fined under this title and imprisoned for any term of years or for life.

(c) Jurisdiction.— There is jurisdiction over an offense described in subsection (a), and any attempt or conspiracy to commit such offense, if—

(1) the alleged offender is a national of the United States (as defined in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(22))) or an alien lawfully admitted for permanent residence in the United States (as defined in section 101(a)(20) of such Act (8 U.S.C. 1101 (a)(20)); [1]

(2) the alleged offender is a stateless person whose habitual residence is in the United States;

(3) the alleged offender is present in the United States, irrespective of the nationality of the alleged offender; or

(4) the offense occurs in whole or in part within the United States.

(d) Definitions.— In this section:

(1) Participate actively in hostilities.— The term “participate actively in hostilities” means taking part in—

(A) combat or military activities related to combat, including sabotage and serving as a decoy, a courier, or at a military checkpoint; or

(B) direct support functions related to combat, including transporting supplies or providing other services.

(2) Armed force or group.— The term “armed force or group” means any army, militia, or other military organization, whether or not it is state-sponsored, excluding any group assembled solely for nonviolent political association.

California Penal Code 261 PC – Rape, defined. (“(a) Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances: (1) Where a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act…(2) Where it is accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another. (3) Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused [which is the most common circumstance for a California date rape charge]. (4) Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph, “unconscious of the nature of the act” means incapable of resisting because the victim meets one of the following conditions: (A) Was unconscious or asleep. (B) Was not aware, knowing, perceiving, or cognizant that the act occurred [both “a” and “b” are also common ways for a California date rape charge to arise]. (C) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraud in fact. (D) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose. (5) Where a person submits under the belief that the person committing the act is the victim’s spouse, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief. (6) Where the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat. As used in this paragraph, “threatening to retaliate” means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death. (7) Where the act is accomplished against the victim’s will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official. As used in this paragraph, “public official” means a person employed by a governmental agency who has the authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a public official. (b) As used in this section, “duress” means a direct or implied threat of force, violence, danger, or retribution sufficient to coerce a reasonable person of ordinary susceptibilities to perform an act which otherwise would not have been performed, or acquiesce in an act to which one otherwise would not have submitted. The total circumstances, including the age of the victim, and his or her relationship to the defendant, are factors to consider in appraising the existence of duress. (c) As used in this section, “menace” means any threat, declaration, or act which shows an intention to inflict an injury upon another [which could possibly include a threat to destroy someone’s reputation in a California date rape case].”)

SPLC Legal Brief
Invasion of Privacy Law

The legal right of privacy has been defined as the right to be let alone, the right of a person “to withhold himself and his property from public scrutiny if he so chooses.” Federal Trade Commission v. American Tobacco Co. 262 U.S. 276 (1923) However, unlike the First Amendment right to free speech, privacy (in the media context) is not a right explicitly guaranteed by the Constitution. Instead, privacy law has developed over the last 100 years. During that time, four separate kinds of privacy invasion have emerged: (1) Public Disclosure of Private and Embarrassing Facts, (2) False Light, (3) Intrusion and (4) Misappropriation.

I. Public Disclosure of Private and Embarrassing Facts

Courts have recognized that certain intimate details about people, even though true, may be “off limits” to the press and public. For example, publishing detailed information about a private person’s sexual conduct, medical condition or educational records might result in legal trouble. In order to succeed in this kind of lawsuit, the person suing must show that the information was:

(1) sufficiently private or not already in the public domain,

(2) sufficiently intimate, and

(3) highly offensive to a reasonable person.

The “Newsworthiness” Defense

A news organization will be protected from a private facts privacy claim if it can show that the material published was “newsworthy.” Almost any information about a well-known public figure or a public official will be considered newsworthy. Furthermore, reports of recent involvement in criminal behavior will be considered newsworthy for anyone.

Printing the Names of Minors

In the unanimous 1979 decision, Smith v. Daily Mail, 443 U.S. 97 (1979), the U.S. Supreme Court ruled that the First Amendment protects the right of journalists to use the names of minors in newsworthy stories as long as the information is “lawfully obtained” and “truthfully” reported.

II. False Light

A false light claim can arise anytime you unflatteringly portray -in words or pictures- a person as something that he or she is not. A typical “false light” problem can arise where a misleading caption is published with a photo (for example, a caption describes a bystander at an unlawful demonstration as a “participant”). The elements of false light, found in the Restatement (Second) of Torts, Sec. 652E are:

(1) the portrayal must be found to be “highly offensive to a reasonable person” and

(2) the actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed.

The same legal standards that apply to libel apply to false light. The distinction between false light and libel is that in false light claims one need not prove injury or damage to reputation, but only that the statement was highly offensive. Courts in some states have refused to recognize false light claims because of their similarity to libel.

III. Intrusion Upon Seclusion

Intrusion is a claim often based on the act of news gathering. A reporter can be sued even when the information obtained is never published. It occurs when a reporter gathers information about a person in a place where that person has a reasonable right to expect privacy. However, newsworthiness can also be a defense to this kind of privacy invasion. As a general rule, reporters are allowed to enter privately owned public places, for example, private school campuses or malls. However, also as a general rule, they must leave when they are asked.

Three most common types of intrusion

(1) Trespass: going onto private property without the owner’s consent.

(2) Secret Surveillance: using bugging equipment or hidden cameras. The laws vary by state but as a general rule reporters can legally photograph or record anything from a public area, such as a sidewalk, but they cannot use technology to improve upon what an unaided person would be able to see or hear from that public place.

(3) Misrepresentation: invalid or exceeded consent. Undercover reporting is not necessarily an invasion of privacy as long as the disguise is not used as a means to trespass or engage in an activity that would not otherwise be allowed. For example, it would not be an intrusion for a minority student reporter to pose as a potential pledge to investigate a story about racial discrimination inside a fraternity. The reporter has a right to pledge whether he is serious about it or not.

Information illegally obtained by a source

Occasionally, the news media is provided with unsolicited, “confidential” information by an outside source. For example, a box of incriminating documents is left outside the newsroom or a tape of an intercepted and very sensitive cell phone conversation arrives mysteriously by mail. As long as the journalists themselves have not engaged in unlawful conduct to obtain the information or encouraged or assisted others in doing so, they have done nothing wrong. Moreover, if the information concerns a newsworthy topic, the Supreme Court has ruled that the news media will generally be protected from an invasion of privacy lawsuit if they should decide to publish it. Bartnicki v. Vopper, 121 S.Ct. 1753 (2001).

IV. Misappropriation of Name or Likeness

Misappropriation is the unauthorized use of a person’s name, photograph, likeness, voice or endorsement to promote the sale of a commercial product or service. (For example, using a photo of your school’s star athlete in an for a pizza restaurant without her permission.) To avoid problems, publications should routinely have subjects sign a model release form written in simple, straightforward language when using their name or likeness in a commercial ad. Regardless of whether or not a release form has been signed, however, courts have generally allowed the media to reuse editorial photos or clips in its own self-promotion provided there is no suggestion that the person actually endorsed the publication.

TITLE 18 > PART I > CHAPTER 10 > § 175

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§ 175. Prohibitions with respect to biological weapons

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(a) In General.— Whoever knowingly develops, produces, stockpiles, transfers, acquires, retains, or possesses any biological agent, toxin, or delivery system for use as a weapon, or knowingly assists a foreign state or any organization to do so, or attempts, threatens, or conspires to do the same, shall be fined under this title or imprisoned for life or any term of years, or both. There is extraterritorial Federal jurisdiction over an offense under this section committed by or against a national of the United States.

(b) Additional Offense.— Whoever knowingly possesses any biological agent, toxin, or delivery system of a type or in a quantity that, under the circumstances, is not reasonably justified by a prophylactic, protective, bona fide research, or other peaceful purpose, shall be fined under this title, imprisoned not more than 10 years, or both. In this subsection, the terms “biological agent” and “toxin” do not encompass any biological agent or toxin that is in its naturally occurring environment, if the biological agent or toxin has not been cultivated, collected, or otherwise extracted from its natural source.

(c) Definition.— For purposes of this section, the term “for use as a weapon” includes the development, production, transfer, acquisition, retention, or possession of any biological agent, toxin, or delivery system for other than prophylactic, protective, bona fide research, or other peaceful purposes

TITLE 18 > PART I > CHAPTER 10 > § 175b

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§ 175b. Possession by restricted persons

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(a)

(1) No restricted person shall ship or transport in or affecting interstate or foreign commerce, or possess in or affecting interstate or foreign commerce, any biological agent or toxin, or receive any biological agent or toxin that has been shipped or transported in interstate or foreign commerce, if the biological agent or toxin is listed as a non-overlap or overlap select biological agent or toxin in sections 73.4 and 73.5 of title 42, Code of Federal Regulations, pursuant to section 351A of the Public Health Service Act, and is not excluded under sections 73.4 and 73.5 or exempted under section 73.6 of title 42, Code of Federal Regulations.

(2) Whoever knowingly violates this section shall be fined as provided in this title, imprisoned not more than 10 years, or both, but the prohibition contained in this section shall not apply with respect to any duly authorized United States governmental activity.

(b) Transfer to Unregistered Person.—

(1) Select agents.— Whoever transfers a select agent to a person who the transferor knows or has reasonable cause to believe is not registered as required by regulations under subsection (b) or (c) of section 351A of the Public Health Service Act shall be fined under this title, or imprisoned for not more than 5 years, or both.

(2) Certain other biological agents and toxins.— Whoever transfers a biological agent or toxin listed pursuant to section 212(a)(1) of the Agricultural Bioterrorism Protection Act of 2002 to a person who the transferor knows or has reasonable cause to believe is not registered as required by regulations under subsection (b) or (c) of section 212 of such Act shall be fined under this title, or imprisoned for not more than 5 years, or both.

(1) Select agents.— Whoever knowingly possesses a biological agent or toxin where such agent or toxin is a select agent for which such person has not obtained a registration required by regulations under section 351A(c) of the Public Health Service Act shall be fined under this title, or imprisoned for not more than 5 years, or both.

(2) Certain other biological agents and toxins.— Whoever knowingly possesses a biological agent or toxin where such agent or toxin is a biological agent or toxin listed pursuant to section 212(a)(1) of the Agricultural Bioterrorism Protection Act of 2002 for which such person has not obtained a registration required by regulations under section 212(c) of such Act shall be fined under this title, or imprisoned for not more than 5 years, or both.

(d) In this section:

(1) The term “select agent” means a biological agent or toxin to which subsection (a) applies. Such term (including for purposes of subsection (a)) does not include any such biological agent or toxin that is in its naturally-occurring environment, if the biological agent or toxin has not been cultivated, collected, or otherwise extracted from its natural source.

(2) The term “restricted person” means an individual who—

(A) is under indictment for a crime punishable by imprisonment for a term exceeding 1 year;

(B) has been convicted in any court of a crime punishable by imprisonment for a term exceeding 1 year;

(D) is an unlawful user of any controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802));

(E) is an alien illegally or unlawfully in the United States;

(F) has been adjudicated as a mental defective or has been committed to any mental institution;

(G)

(i) is an alien (other than an alien lawfully admitted for permanent residence) who is a national of a country as to which the Secretary of State, pursuant to section 6(j) of the Export Administration Act of 1979 (50 App. U.S.C. 2405 (j)), section 620A of chapter 1 of part M of the Foreign Assistance Act of 1961 (22 U.S.C. 2371), or section 40 (d) of chapter 3 of the Arms Export Control Act (22 U.S.C. 2780 (d)), has made a determination (that remains in effect) that such country has repeatedly provided support for acts of international terrorism, or

(ii) acts for or on behalf of, or operates subject to the direction or control of, a government or official of a country described in this subparagraph;

(H) has been discharged from the Armed Services of the United States under dishonorable conditions; or

(I) is a member of, acts for or on behalf of, or operates subject to the direction or control of, a terrorist organization as defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act (8 U.S.C. 1182 (a)(3)(B)(vi)).

(3) The term “alien” has the same meaning as in section 101(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(3)).

(4) The term “lawfully admitted for permanent residence” has the same meaning as in section 101(a)(20) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(20)).

TITLE 18 > PART I > CHAPTER 10 > § 177

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§ 177. Injunctions

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(a) In General.— The United States may obtain in a civil action an injunction against—

(1) the conduct prohibited under section 175 of this title;

(2) the preparation, solicitation, attempt, threat, or conspiracy to engage in conduct prohibited under section 175 of this title; or

(3) the development, production, stockpiling, transferring, acquisition, retention, or possession, or the attempted development, production, stockpiling, transferring, acquisition, retention, or possession of any biological agent, toxin, or delivery system of a type or in a quantity that under the circumstances has no apparent justification for prophylactic, protective, or other peaceful purposes.

(b) Affirmative Defense.— It is an affirmative defense against an injunction under subsection (a)(3) of this section that—

(1) the conduct sought to be enjoined is for a prophylactic, protective, or other peaceful purpose; and

(2) such biological agent, toxin, or delivery system is of a type and quantity reasonable for that purpose.

TITLE 18 > PART I > CHAPTER 10 > § 178

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§ 178. Definitions

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As used in this chapter—

(1) the term “biological agent” means any microorganism (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substance, or any naturally occurring, bioengineered or synthesized component of any such microorganism or infectious substance, capable of causing—

(A) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism;

(B) deterioration of food, water, equipment, supplies, or material of any kind; or

(2) the term “toxin” means the toxic material or product of plants, animals, microorganisms (including, but not limited to, bacteria, viruses, fungi, rickettsiae or protozoa), or infectious substances, or a recombinant or synthesized molecule, whatever their origin and method of production, and includes—

(A) any poisonous substance or biological product that may be engineered as a result of biotechnology produced by a living organism; or

(B) any poisonous isomer or biological product, homolog, or derivative of such a substance;

(3) the term “delivery system” means—

(A) any apparatus, equipment, device, or means of delivery specifically designed to deliver or disseminate a biological agent, toxin, or vector; or

(B) any vector;

(4) the term “vector” means a living organism, or molecule, including a recombinant or synthesized molecule, capable of carrying a biological agent or toxin to a host; and

(5) the term “national of the United States” has the meaning prescribed in section 101(a)(22) of the Immigration and Nationality Act (8 U.S.C. 1101 (a)(22)).

PULL UP MORE TITLE 18 CRIMES

http://www.law.cornell.edu/uscode/18/usc_sup_01_18_10_I.html

TITLE 18 > PART I > CHAPTER 113C > § 2340

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§ 2340. Definitions

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As used in this chapter—

(1) “torture” means an act committed by a person acting under the color of law specifically intended to inflict severe physical or mental pain or suffering (other than pain or suffering incidental to lawful sanctions) upon another person within his custody or physical control;

(2) “severe mental pain or suffering” means the prolonged mental harm caused by or resulting from—

(A) the intentional infliction or threatened infliction of severe physical pain or suffering;

(B) the administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt profoundly the senses or the personality;

(D) the threat that another person will imminently be subjected to death, severe physical pain or suffering, or the administration or application of mind-altering substances or other procedures calculated to disrupt profoundly the senses or personality; and

(3) “United States” means the several States of the United States, the District of Columbia, and the commonwealths, territories, and possessions of the United States.

TITLE 18 > PART I > CHAPTER 113C > § 2340A

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§ 2340A. Torture

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(a) Offense.— Whoever outside the United States commits or attempts to commit torture shall be fined under this title or imprisoned not more than 20 years, or both, and if death results to any person from conduct prohibited by this subsection, shall be punished by death or imprisoned for any term of years or for life.

(b) Jurisdiction.— There is jurisdiction over the activity prohibited in subsection (a) if—

(1) the alleged offender is a national of the United States; or

(2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.

(c) Conspiracy.— A person who conspires to commit an offense under this section shall be subject to the same penalties (other than the penalty of death) as the penalties prescribed for the offense, the commission of which was the object of the conspiracy.

TITLE 18 > PART I > CHAPTER 113C > § 2340A

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§ 2340A. Torture

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(b) Jurisdiction.— There is jurisdiction over the activity prohibited in subsection (a) if—

(1) the alleged offender is a national of the United States; or

(2) the alleged offender is present in the United States, irrespective of the nationality of the victim or alleged offender.

TITLE 18 > PART I > CHAPTER 113B > § 2332h

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§ 2332h. Radiological dispersal devices

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(a) Unlawful Conduct.—

(1) In general.— Except as provided in paragraph (2), it shall be unlawful for any person to knowingly produce, construct, otherwise acquire, transfer directly or indirectly, receive, possess, import, export, or use, or possess and threaten to use—

(A) any weapon that is designed or intended to release radiation or radioactivity at a level dangerous to human life; or

(B) any device or other object that is capable of and designed or intended to endanger human life through the release of radiation or radioactivity.

(2) Exception.— This subsection does not apply with respect to—

(A) conduct by or under the authority of the United States or any department or agency thereof; or

(B) conduct pursuant to the terms of a contract with the United States or any department or agency thereof.

(b) Jurisdiction.— Conduct prohibited by subsection (a) is within the jurisdiction of the United States if—

(1) the offense occurs in or affects interstate or foreign commerce;

(2) the offense occurs outside of the United States and is committed by a national of the United States;

(3) the offense is committed against a national of the United States while the national is outside the United States;

(4) the offense is committed against any property that is owned, leased, or used by the United States or by any department or agency of the United States, whether the property is within or outside the United States; or

(5) an offender aids or abets any person over whom jurisdiction exists under this subsection in committing an offense under this section or conspires with any person over whom jurisdiction exists under this subsection to commit an offense under this section.

(1) In general.— Any person who violates, or attempts or conspires to violate, subsection (a) shall be fined not more than $2,000,000 and shall be sentenced to a term of imprisonment not less than 25 years or to imprisonment for life.

(2) Other circumstances.— Any person who, in the course of a violation of subsection (a), uses, attempts or conspires to use, or possesses and threatens to use, any item or items described in subsection (a), shall be fined not more than $2,000,000 and imprisoned for not less than 30 years or imprisoned for life.

(3) Special circumstances.— If the death of another results from a person’s violation of subsection (a), the person shall be fined not more than $2,000,000 and punished by imprisonment for life.

TITLE 18 > PART I > CHAPTER 113B > § 2339

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§ 2339. Harboring or concealing terrorists

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(a) Whoever harbors or conceals any person who he knows, or has reasonable grounds to believe, has committed, or is about to commit, an offense under section 32 (relating to destruction of aircraft or aircraft facilities), section 175 (relating to biological weapons), section 229 (relating to chemical weapons), section 831 (relating to nuclear materials), paragraph (2) or (3) of section 844 (f) (relating to arson and bombing of government property risking or causing injury or death), section 1366 (a) (relating to the destruction of an energy facility), section 2280 (relating to violence against maritime navigation), section 2332a (relating to weapons of mass destruction), or section 2332b (relating to acts of terrorism transcending national boundaries) of this title, section 236 (a) (relating to sabotage of nuclear facilities or fuel) of the Atomic Energy Act of 1954 (42 U.S.C. 2284 (a)), or section 46502 (relating to aircraft piracy) of title 49, shall be fined under this title or imprisoned not more than ten years, or both.

(b) A violation of this section may be prosecuted in any Federal judicial district in which the underlying offense was committed, or in any other Federal judicial district as provided by law.

TITLE 18 > PART I > CHAPTER 13 > § 241

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§ 241. Conspiracy against rights

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If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; or

If two or more persons go in disguise on the highway, or on the premises of another, with intent to prevent or hinder his free exercise or enjoyment of any right or privilege so secured—

They shall be fined under this title or imprisoned not more than ten years, or both; and if death results from the acts committed in violation of this section or if such acts include kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill, they shall be fined under this title or imprisoned for any term of years or for life, or both, or may be sentenced to death.

TITLE 18 > PART I > CHAPTER 13 > § 242

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§ 242. Deprivation of rights under color of law

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TITLE 18 > PART I > CHAPTER 13 > § 249

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§ 249. Hate crime acts

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(a) In General.—

(1) Offenses involving actual or perceived race, color, religion, or national origin.— Whoever, whether or not acting under color of law, willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived race, color, religion, or national origin of any person—

(A) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and

(B) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if—

(i) death results from the offense; or

(ii) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.

(2) Offenses involving actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability.—

(A) In general.— Whoever, whether or not acting under color of law, in any circumstance described in subparagraph (B) or paragraph (3), willfully causes bodily injury to any person or, through the use of fire, a firearm, a dangerous weapon, or an explosive or incendiary device, attempts to cause bodily injury to any person, because of the actual or perceived religion, national origin, gender, sexual orientation, gender identity, or disability of any person—

(i) shall be imprisoned not more than 10 years, fined in accordance with this title, or both; and

(ii) shall be imprisoned for any term of years or for life, fined in accordance with this title, or both, if—

(I) death results from the offense; or

(II) the offense includes kidnapping or an attempt to kidnap, aggravated sexual abuse or an attempt to commit aggravated sexual abuse, or an attempt to kill.

(B) Circumstances described.— For purposes of subparagraph (A), the circumstances described in this subparagraph are that—

(i) the conduct described in subparagraph (A) occurs during the course of, or as the result of, the travel of the defendant or the victim—

(I) across a State line or national border; or

(II) using a channel, facility, or instrumentality of interstate or foreign commerce;

(ii) the defendant uses a channel, facility, or instrumentality of interstate or foreign commerce in connection with the conduct described in subparagraph (A);

(iii) in connection with the conduct described in subparagraph (A), the defendant employs a firearm, dangerous weapon, explosive or incendiary device, or other weapon that has traveled in interstate or foreign commerce; or

(iv) the conduct described in subparagraph (A)—

(I) interferes with commercial or other economic activity in which the victim is engaged at the time of the conduct; or

(II) otherwise affects interstate or foreign commerce.

(3) Offenses occurring in the special maritime or territorial jurisdiction of the united states.— Whoever, within the special maritime or territorial jurisdiction of the United States, engages in conduct described in paragraph (1) or in paragraph (2)(A) (without regard to whether that conduct occurred in a circumstance described in paragraph (2)(B)) shall be subject to the same penalties as prescribed in those paragraphs.

(4) Guidelines.— All prosecutions conducted by the United States under this section shall be undertaken pursuant to guidelines issued by the Attorney General, or the designee of the Attorney General, to be included in the United States Attorneys’ Manual that shall establish neutral and objective criteria for determining whether a crime was committed because of the actual or perceived status of any person.

(b) Certification Requirement.—

(1) In general.— No prosecution of any offense described in this subsection may be undertaken by the United States, except under the certification in writing of the Attorney General, or a designee, that—

(A) the State does not have jurisdiction;

(B) the State has requested that the Federal Government assume jurisdiction;

(C) the verdict or sentence obtained pursuant to State charges left demonstratively unvindicated the Federal interest in eradicating bias-motivated violence; or

(D) a prosecution by the United States is in the public interest and necessary to secure substantial justice.

(2) Rule of construction.— Nothing in this subsection shall be construed to limit the authority of Federal officers, or a Federal grand jury, to investigate possible violations of this section.

(1) the term “bodily injury” has the meaning given such term in section 1365 (h)(4) of this title, but does not include solely emotional or psychological harm to the victim;

(2) the term “explosive or incendiary device” has the meaning given such term in section 232 of this title;

(3) the term “firearm” has the meaning given such term in section 921 (a) of this title;

(4) the term “gender identity” means actual or perceived gender-related characteristics; and

(5) the term “State” includes the District of Columbia, Puerto Rico, and any other territory or possession of the United States.

(d) Statute of Limitations.—

(1) Offenses not resulting in death.— Except as provided in paragraph (2), no person shall be prosecuted, tried, or punished for any offense under this section unless the indictment for such offense is found, or the information for such offense is instituted, not later than 7 years after the date on which the offense was committed.

(2) Death resulting offenses.— An indictment or information alleging that an offense under this section resulted in death may be found or instituted at any time without limitation.

TITLE 18 > PART I > CHAPTER 19 > § 373

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§ 373. Solicitation to commit a crime of violence

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(a) Whoever, with intent that another person engage in conduct constituting a felony that has as an element the use, attempted use, or threatened use of physical force against property or against the person of another in violation of the laws of the United States, and under circumstances strongly corroborative of that intent, solicits, commands, induces, or otherwise endeavors to persuade such other person to engage in such conduct, shall be imprisoned not more than one-half the maximum term of imprisonment or (notwithstanding section 3571) fined not more than one-half of the maximum fine prescribed for the punishment of the crime solicited, or both; or if the crime solicited is punishable by life imprisonment or death, shall be imprisoned for not more than twenty years.

(b) It is an affirmative defense to a prosecution under this section that, under circumstances manifesting a voluntary and complete renunciation of his criminal intent, the defendant prevented the commission of the crime solicited. A renunciation is not “voluntary and complete” if it is motivated in whole or in part by a decision to postpone the commission of the crime until another time or to substitute another victim or another but similar objective. If the defendant raises the affirmative defense at trial, the defendant has the burden of proving the defense by a preponderance of the evidence.

(c) It is not a defense to a prosecution under this section that the person solicited could not be convicted of the crime because he lacked the state of mind required for its commission, because he was incompetent or irresponsible, or because he is immune from prosecution or is not subject to prosecution.

TITLE 18 > PART I > CHAPTER 26 > § 521
§ 521. Criminal street gangs

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(a) Definitions.—

“conviction” includes a finding, under State or Federal law, that a person has committed an act of juvenile delinquency involving a violent or controlled substances felony.

“criminal street gang” means an ongoing group, club, organization, or association of 5 or more persons—

(A) that has as 1 of its primary purposes the commission of 1 or more of the criminal offenses described in subsection (c);

(B) the members of which engage, or have engaged within the past 5 years, in a continuing series of offenses described in subsection (c); and

“State” means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.

(b) Penalty.— The sentence of a person convicted of an offense described in subsection (c) shall be increased by up to 10 years if the offense is committed under the circumstances described in subsection (d).

(1) a Federal felony involving a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) for which the maximum penalty is not less than 5 years;

(2) a Federal felony crime of violence that has as an element the use or attempted use of physical force against the person of another; and

(3) a conspiracy to commit an offense described in paragraph (1) or (2).

(d) Circumstances.— The circumstances described in this section are that the offense described in subsection (c) was committed by a person who—

(1) participates in a criminal street gang with knowledge that its members engage in or have engaged in a continuing series of offenses described in subsection (c);

(2) intends to promote or further the felonious activities of the criminal street gang or maintain or increase his or her position in the gang; and

(3) has been convicted within the past 5 years for—

(A) an offense described in subsection (c);

(B) a State offense—

(i) involving a controlled substance (as defined in section 102 of the Controlled Substances Act (21 U.S.C. 802)) for which the maximum penalty is not less than 5 years’ imprisonment; or

(ii) that is a felony crime of violence that has as an element the use or attempted use of physical force against the person of another;

(C) any Federal or State felony offense that by its nature involves a substantial risk that physical force against the person of another may be used in the course of committing the offense; or

(D) a conspiracy to commit an offense described in subparagraph (A), (B), or (C).

TITLE 18 > PART I > CHAPTER 110A > § 2261A

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§ 2261A. Stalking

How Current is This?

Whoever—

(1) travels in interstate or foreign commerce or within the special maritime and territorial jurisdiction of the United States, or enters or leaves Indian country, with the intent to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate another person, and in the course of, or as a result of, such travel places that person in reasonable fear of the death of, or serious bodily injury to, or causes substantial emotional distress to that person, a member of the immediate family (as defined in section 115) of that person, or the spouse or intimate partner of that person; or

(2) with the intent—

(A) to kill, injure, harass, or place under surveillance with intent to kill, injure, harass, or intimidate, or cause substantial emotional distress to a person in another State or tribal jurisdiction or within the special maritime and territorial jurisdiction of the United States; or

(B) to place a person in another State or tribal jurisdiction, or within the special maritime and territorial jurisdiction of the United States, in reasonable fear of the death of, or serious bodily injury to—

(i) that person;

(ii) a member of the immediate family (as defined in section 115 [1] of that person; or

(iii) a spouse or intimate partner of that person;

uses the mail, any interactive computer service, or any facility of interstate or foreign commerce to engage in a course of conduct that causes substantial emotional distress to that person or places that person in reasonable fear of the death of, or serious bodily injury to, any of the persons described in clauses (i) through (iii) of subparagraph (B); [2]

shall be punished as provided in section 2261 (b) of this title.

[1] So in original. Probably should be followed by a closing parenthesis.

[2] So in original. Provision probably should be set flush with par. (2).

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Cybercrime: A Sketch of 18 U.S.C. 1030 and Related Federal Criminal Laws

Order Code RS20830 Updated February 25, 2008 Cybercrime: A Sketch of 18 U.S.C. 1030 and Related Federal Criminal LawsCharles Doyle Senior Specialist American Law Division Summary The federal computer fraud and abuse statute, 18 U.S.C. 1030, outlaws conduct that victimizes computer systems. It is a computer security law. It protects computers in which there is a federal interest – federal computers, bank computers, and computers used in interstate and foreign commerce. It shields them from trespassing, threats, damage, espionage, and from being corruptly used as instruments of fraud. It is not a comprehensive provision, instead it fills gaps in the protection afforded by other state and federal criminal laws. It is a work that over the last two decades, Congress has kneaded, reworked, recast, and amended to bolster the uncertain coverage of more general federal trespassing, threat, malicious mischief, fraud, and espionage statutes. This is an abridged version of CRS Report 97-1025, Computer Fraud and Abuse: An Overview of the Federal Computer Fraud and Abuse Statute and Related Federal Criminal Laws, stripped of the authorities and footnotes found there. Introduction In their present form, the seven paragraphs of subsection 1030(a) outlaw: computer trespassing in a government computer, 18 U.S.C. 1030(a)(3); computer trespassing resulting in exposure to certain governmental, credit, financial, or commercial information, 18 U.S.C. 1030(a)(2); damaging a government computer, a bank computer, or a computer used in interstate or foreign commerce, 18 U.S.C. 1030(a)(5); committing fraud an integral part of which involves unauthorized access to a government computer, a bank computer, or a computer used in interstate or foreign commerce, 18 U.S.C. 1030(a)(4); threatening to damage a government computer, a bank computer, or acomputer used in interstate or foreign commerce, 18 U.S.C. 1030(a)(7); trafficking in passwords for a government computer, a bank computer, or a computer used in interstate or foreign commerce, 18 U.S.C. 1030(a)(6); accessing a computer to commit espionage, 18 U.S.C. 1030(a)(1)

CRS-2 Subsection 1030(b) makes it a crime to attempt to commit any of these offenses. Subsection 1030(c) catalogs the penalties for committing them, penalties that range from imprisonment for not more than a year for simple cyberspace trespassing to imprisonment for not more than twenty years for a second espionage-related conviction. Subsection 1030(d) preserves the investigative authority of the Secret Service. Subsection 1030(e) supplies common definitions. Subsection 1030(f) disclaims any application to otherwise permissible law enforcement activities. Subsection 1030(g) creates a civil cause of actionfor victims of these crimes. And subsection 1030(h) calls for annual reports through 1999 from the Attorney General and Secretary of the Treasury on investigations under the damage paragraph (18 U.S.C. 1030(a)(5)). Trespassing in Government Cyberspace (18 U.S.C. 1030(a)(3)) Paragraph 1030(a)(3) condemns unauthorized intrusion (“hacking”) into federal government computers whether they are used exclusively by the government or the federal government shares access with others. Broken down into its elements, paragraph (a)(3) makes it unlawful for anyone who: without authorization intentionally either – accesses a government computer maintained exclusively for the use of the federal government, or – accesses a government computer used, at least in part, by or for the federal government and the access affects use by or for the federal government.Consequences : Imprisonment for not more than 1 year (not more than 10 years for repeat offenders) and/or a fine under title 18 (the higher of $100,000 for misdemeanors/$250,000 for felonies or twice the amount of the loss or gain associated with the offense, 18 U.S.C. 3571). These, like most federal offenses committed by juveniles, are usually tried in state court. Violations of each of the paragraphs of subsection 1030(a) may trigger forfeiture, restitution, money laundering, civil liability and racketeering provisions found elsewhere. Other criminal liability: attempt, conspiracy, complicity & more : An attempt to violate any of the paragraphs of subsection 1030(a), and conspiracy to violate any federal law are separate federal crimes, 18 U.S.C. 1030(b), 371. Simply hacking into government computers – without damage to the system, injury to the government, or gain by the hacker – implicates only a few other laws. It may breach the “hacking-and-acquiring-information” ban of paragraph 1030(a)(2), discussed infra . It may also violate one of the state computer crime statutes. Obtaining Information by Unauthorized Computer Access (18 U.S.C. 1030(a)(2)) One step beyond simple hacking is the prohibition against acquiring certain protected information by intentional unauthorized access. It covers three types of information — information of the federal government, consumer credit or other kinds of financial information, and information acquired through interstate or foreign access.

CRS-3 Penalties : Simple violations: not more than 1 year and/or a fine under title 18, 18 U.S.C. 1030(c)(2)(A); violations for gain or involving more than $5000: not more than 5 years and/or a fine under title 18; repeat offenders: not more than 10 years and/or a fine under title 18, 18 U.S.C. 1030(c). Offenders are also subject to civil liability, 18 U.S.C. 1030(g). Paragraph 1030(a)(2) is somewhat unique. There are a host of other federal conversion statutes, but all of the others appear to require that the offender either commit embezzlement by failing to comply with some fiduciary obligation or commit larceny byintending to acquire the property or to deprive another of it. Paragraph 1030(a)(2) in contrast to the conversation statutes and to the computer fraud provisions of paragraph 1030(a)(4) requires no larcenous intent. Causing Computer Damage (18 U.S.C. 1030(a)(5)) Paragraph 1030(a)(5) proscribes unleashing worms or viruses or otherwise causing computer damage, that is, “(A) cause[ing] loss aggregating at least $5,000 in value during any 1-year period to one or more individuals; (B) modifi[ng] or impair[ing] . . . the medical examination, diagnosis, treatment, or care of one or more individuals; (C) caus[ing] physical injury to any person; or (D) threaten[ing] public health or safety,” 18 U.S.C. 1030(e)(8). These kinds of damage are only federal crimes under paragraph 1030(a)(5) if they involve a protected computer . There are five types of protected computers or computer systems. The five include computers (1) used exclusively for or by the United States Government; (2) used exclusively for or by a bank or other financial institution; (3) used in part for or by the United States Government where the damage “affects” government use or use of the government’s behalf; (4) used in part for or by a bank or other financial institution where the damage “affects” use by or on behalf of the institution; and (5) used in interstate or foreign commerce or communications.Penalties : Causing damage: not more than 1 year and/or a fine under title 18; intentionally or recklessly causing damage: not more than 5 years and/or a fine under title 18; repeat offenders: not more than 10 years and/or a fine under title 18. Victims have a cause of action for compensatory damages and equitable relief if suit is brought within 2 years, 18 U.S.C. 1030(g). Other Crimes : The same general observations concerning attempt, conspiracy and complicity noted for the simple trespass paragraph apply here. In addition, there are more than a few other federal statutes that might be implicated by damage or destruction offederal property, of the property of financial institutions, or of property used in interstate or foreign commerce. A partial inventory might include: 18 U.S.C. 844(f)(destruction of federal property by arson or explosion); 18 U.S.C. 1853 (destruction of timber of U.S. lands); 18 U.S.C. 2071 (destruction of government records); 18 U.S.C. 1361 (destruction of federal property); 18 U.S. C. 1362 (destruction of federal communications property); 18 U.S.C. 32 (destruction of aircraft or aircraft facilities); 18 U.S.C. 33 (destruction of motor vehicles or their facilities); 18 U.S. C. 2280 (destruction of maritime navigational facilities); 18 U.S.C. 1992 (causing a train wreck); 18 U.S.C. 1367 (damaging an energy facility).

CRS-4 Computer Fraud (18 U.S.C. 1030(a)(4) Paragraph 1030(a)(4) outlaws fraud by computer intrusion. Its elements consist of: knowingly and with intent to defraud; accessing a protected computer without authorization, or exceeding authorization; thereby furthering a fraud and obtaining anything of value other than a minimal amount of computer time (more than $5,000 over the course of a year). Penalties : not more than 5 years (not more than 10 years for subsequent offenses) and/or a fine under title 18, 18 U.S.C. 1030(c)(4). Victims may sue for compensatory damages and/or injunctive relief, 18 U.S.C. 1030(g). Other Crimes : Earlier observations with respect to attempt, conspiracy and complicity apply with equal force here. Other federal laws that might be implicated are: 18 U.S.C. 1343 (wire fraud); 18 U.S.C. 2314 (interstate transportation of stolen property); 18 U.S.C. 659 (theft from interstate carriers); 18 U.S.C. 1832 (economic espionage; 18 U.S.C. 1832(theft of trade secrets); 18 U.S.C. 1029 (fraud involving credit cards and access devices); 18 U.S.C. 641 (theft of federal property); 18 U.S.C. 1001 (false statements on a matter within the jurisdiction of a federal agency or department); 18 U.S.C. 1014 (falsestatements on federally insured loan and credit applications); 18 U.S.C. 1010, 1012 (false statements concerning various HUD transactions); 18 U.S.C. 287 (false claims against the United States); 18 U.S.C. 1344 (bank fraud); 18 U.S.C. 657 (theft or embezzlement by officer or employee of lending, credit and insurance institutions); 18 U.S.C. 1005 (false entries bank officers or employees); 18 U.S.C. 1006 (false entries by officers or employees of federal credit institutions); 18 U. S.C. 1007 (false statements to influence the Federal Deposit Insurance Corporation); 18 U.S.C. 2319 (copyright infringement); 18 U.S.C. 1956 & 1957 (money laundering); 18 U.S.C. 1962 (racketeering); 18 U.S.C. 1952 (travel act). Extortionate Threats (18 U.S.C. 1030(a)(7)) This paragraph provides that no one shall transmit in interstate or foreign commerce any communication containing any threat to cause damage, [i.e., “any impairment to the integrity or availability of data, a program, a system, or information, that – causes loss aggregating at least $5,000 in value during any 1-year period to one or more individuals – modifies or impairs, or potentially modifies or impairs, the medical examination, diagnosis, treatment, or care of one or more individuals- causes physical injury to any person; or – threatens public health or safety” (1030(e)(8))] to a protected computer; with the intent to extort money or a thing of value from any person, firm, association, educational institution, financial institution, government entity, or other legal entity.

CRS-5 Penalties : not more than 5 years (not more than 10 years for second and subsequent offenses) and/or a fine under title 18, 18 U.S.C. 1030(c), and victims may claim the advantages of the civil cause of action available under 18 U.S.C. 1030(g).Other crimes : The same general observations concerning attempt, conspiracy and complicity noted with respect to the other paragraphs of 1030(a) apply here. Violations of paragraph 1030(a)(7) may also offend 18 U.S.C. 1951 (extortion that affectscommerce); 18 U.S.C. 875 (threats transmitted in interstate commerce); 18 U.S.C. 876 (mailing threatening communications); 18 U.S.C. 877 (mailing threatening communications form a foreign country); and 18 U.S.C. 880 (receipt of the proceeds ofextortion). Trafficking in Computer Access (18 U.S.C. 1030(a)(6)) Paragraph 1030(a)(6) outlaws misconduct similar to the access device proscriptions of section 1029. Although limited, it provides several distinct advantages. First, it covers passwords to government computers more clearly than does section 1029. Second, as something of a lesser included offense to section 1029, it affords the government plea bargain room in a case that it might otherwise be forced to bring under section 1029 orabandon. Third, it contributes a means of cutting off the practice of publicly posting access to confidential computer systems without imposing severe penalties unless the misconduct persists. Fourth, it supplies a basis for private enforcement through the civil liability provisions of subsection 1030(g) of misconduct that may be more appropriately addressed by the courts as a private wrong. The elements of the crime are: knowingly and with an intent to defraud trafficking in (i.e. “to transfer, or otherwise dispose of, to another, or obtain control of with intent to transfer or dispose of” (18 U.S.C. 1029(e)(5)) a computer password or similar computer key either – of a federal computer or – in a manner that affects interstate or foreign commerce.Penalties : not more than 1 year (not more than 10 years for repeat offenders) and/or a fine under title 18, 18 U.S.C. 1030(c)(2). Offenders are also civilly liable to their victims, 18 U.S.C 1030(g). Other crimes : The generally applicable provisions dealing with attempt, conspiracy and complicity will apply with equal force in cases involving paragraph 1030(a)(6). Paragraph 1030(a)(6) appears to have few counterparts in federal law, other than the prohibition against trafficking in access devices (credit card fraud) under 18 U.S.C. 1029(a)(2) and the wire fraud provisions of 18 U.S.C. 1343. Nevertheless, either of these may provide the foundation for a RICO (18 U.S.C. 1962) or money laundering (18 U.S.C. 1956, 1957) prosecution, so that should conduct in violation of paragraph 1030(a)(6) also offend either the mail fraud or credit card fraud prohibitions, a criminal breach of RICO or the money laundering provisions may also have occurred.

CRS-6 Computer Espionage (18 U.S.C. 1030(a)(1)) Paragraph 1030(a)(1) essentially tracks existing federal espionage laws, 18 U.S.C. 793, 794 and 798, that ban disclosure of information potentially detrimental to our national defense and well being, or more simply laws that outlaw spying. The distinctive feature of paragraph 1030(a)(1) is its merger of elements of espionage and computer abuse. Broken down into a simplified version of its constituent elements it bars anyone from: either – willfully disclosing, – willfully attempting to disclose, or – willfully failing to return classified information concerning national defense, foreign relations or atomic energy with reason to believe that the information either – could to used to injury the United States, or – could be used to the advantage of the a foreign nation when the information was acquired by unauthorized computer access. Penalties : not more than 10 years (not more than 20 years for repeat offenders) and/or a fine under title 18, 18 U.S.C. 1030(c)(1). Other Crimes : Espionage prosecutions are not common. The attempt, conspiracy and complicity observations continue to apply and the RICO (18 U.S.C. 1962) and money laundering (18 U.S.C. 1956, 1957) may be implicated through the application of sections 793, 794 or 798 to conduct that offends paragraph 1030(a)(1).

CALIFORNIA LAWS ON HUMAN EXPERIMENTATION – BEHAVIORAL

CALIFORNIA CODES PENAL CODE SECTION 3500 3500. For purposes of this title: (a) “Behaviorial research” means studies involving, but not limited to, the investigation of human behavior, emotion, adaptation, conditioning, and response in a program designed to test certain hypotheses through the collection of objective data. Behavioral research does not include the accumulation of statistical data in the assessment of the effectiveness of programs to which inmates are routinely assigned, such as, but not limited to, education, vocational training, productive work, counseling, recognized therapies, and programs which are not experimental in nature. (b) “Biomedical research” means research relating to or involving biological, medical, or physical science. (c) “Psychotropic drug” means any drug that has the capability of changing or controlling mental functioning or behavior through direct pharmacological action. Such drugs include, but are not limited to, antipsychotic, antianxiety, sedative, antidepressant, and stimulant drugs. Psychotropic drugs also include mind-altering and behavior-altering drugs which, in specified dosages, are used to alleviate certain physical disorders, and drugs which are ordinarily used to alleviate certain physical disorders but may, in specified dosages, have mind-altering or behavior-altering effects. (d) “Research” means a class of activities designed to develop or contribute to generalizable knowledge such as theories, principles, or relationships, or the accumulation of data on which they may be based, that can be corroborated by accepted scientific observation and inferences. (e) “Research protocol” means a formal document setting forth the explicit objectives of a research project and the procedures of investigation designed to reach those objectives. (f) “Phase I drug” means any drug which is designated as a phase I drug for testing purposes under the federal Food and Drug Administration criteria in Section 312.1 of Title 21 of the Code of Federal Regulations.

VIOLATION OF CALIFORNIA HEALTH AND SAFETY CODES – ALL OF THE FOLLOWING IN TERMS OF INFORMED CONSENT – AND RIGHT TO BE TOLD AND RIGHT TO HAVE COPIES OF DOCUMENTS AND RIGHT TO SAY NO – ALL OF WHICH THESE BIOLOGICAL TERRORIST’S HAVE DENIED ME –

CALIFORNIA CODES HEALTH AND SAFETY CODE SECTION 24170-24179.5 24170. This chapter shall be known and may be cited as the Protection of Human Subjects in Medical Experimentation Act. 24171. The Legislature hereby finds and declares that medical experimentation on human subjects is vital for the benefit of mankind, however such experimentation shall be undertaken with due respect to the preciousness of human life and the right of individuals to determine what is done to their own bodies. The Legislature further finds and declares that: (a) The Nuremberg Code of Ethics in Medical Research was developed after the trial of Nazi war criminals for unethical use of persons in medical experiments; subsequently, the Declaration of Helsinki additionally established recommendations guiding doctors in experimentation involving human subjects. (b) Neither the Nuremberg Code nor the Declaration of Helsinki are codified under law and are, therefore, unenforceable. (c) It is necessary that medical experimentation be done in such a way as to protect the rights of the human subjects involved. (d) There is, and will continue to be, a growing need for protection for citizens of the state from unauthorized, needless, hazardous, or negligently performed medical experiments on human beings. It is, therefore, the intent of the Legislature, in the enacting of this chapter, to provide minimum statutory protection for the citizens of this state with regard to human experimentation and to provide penalties for those who violate such provisions. 24172. As used in the chapter, “experimental subject’s bill of rights,” means a list of the rights of a subject in a medical experiment, written in a language in which the subject is fluent. Except as otherwise provided in Section

24175, this list shall include, but not be limited to the subject’s right to:

(a) Be informed of the nature and purpose of the experiment.

(b) Be given an explanation of the procedures to be followed in the medical experiment, and any drug or device to be utilized.

(d) Be given an explanation of any benefits to the subject reasonably to be expected from the experiment, if applicable.

(e) Be given a disclosure of any appropriate alternative procedures, drugs or devices that might be advantageous to the subject, and their relative risks and benefits.

(f) Be informed of the avenues of medical treatment, if any, available to the subject after the experiment if complications should arise.

(g) Be given an opportunity to ask any questions concerning the experiment or the procedures involved.

(h) Be instructed that consent to participate in the medical experiment may be withdrawn at any time and the subject may discontinue participation in the medical experiment without prejudice.

(i) Be given a copy of the signed and dated written consent form as provided for by

Section 24173 or 24178.

(j) Be given the opportunity to decide to consent or not to consent to a medical experiment without the intervention of any element of force, fraud, deceit, duress, coercion, or undue influence on the subject’s decision.

24173. As used in this chapter, “informed consent” means the authorization given pursuant to Section

24175 to have a medical experiment performed after each of the following conditions have been satisfied:

(a) The subject or subject’s conservator or guardian, or other representative, as specified in Section

(b) 24175, is provided with a copy of the experimental subject’s bill of rights, prior to consenting to participate in any medical experiment, containing all the information required by Section 24172, and the copy is signed and dated by the subject or the subject’s conservator or guardian, or other representative, as specified in

(c)

Section 24175.

(b) A written consent form is signed and dated by the subject or the subject’s conservator or guardian, or other representative, as specified in Section 24175.

Section 24175, is informed both verbally and within the written consent form, in nontechnical terms and in a language in which the subject or the subject’s conservator or guardian, or other

representative, as specified in Section 24175, is fluent, of the following facts of the proposed medical experiment, which might influence the decision to undergo the experiment, including, but not limited to: (1) An explanation of the procedures to be followed in the medical experiment and any drug or device to be utilized, including the purposes of the procedures, drugs, or devices. If a placebo is to be administered or dispensed to a portion of the subjects involved in a medical experiment, all subjects of the experiment shall be informed of that fact; however, they need not be informed as to whether they will actually be administered or dispensed a placebo. (2) A description of any attendant discomfort and risks to the subject reasonably to be expected. (3) An explanation of any benefits to the subject reasonably to be expected, if applicable. (4) A disclosure of any appropriate alternative procedures, drugs, or devices that might be advantageous to the subject, and their relative risks and benefits. (5) An estimate of the expected recovery time of the subject after the experiment. (6) An offer to answer any inquiries concerning the experiment or the procedures involved. (7) An instruction to the subject that he or she is free to withdraw his or her prior consent to the medical experiment and discontinue participation in the medical experiment at any time, without prejudice to the subject. (8) The name, institutional affiliation, if any, and address of the person or persons actually performing and primarily responsible for the conduct of the experiment. (9) The name of the sponsor or funding source, if any, or manufacturer if the experiment involves a drug or device, and the organization, if any, under whose general aegis the experiment is being conducted. (10) The name, address, and phone number of an impartial third party, not associated with the experiment, to whom the subject may address complaints about the experiment. (11) The material financial stake or interest, if any, that the investigator or research institution has in the outcome of the medical experiment. For purposes of this section, “material” means ten thousand dollars ($10,000) or more in securities or other assets valued at the date of disclosure, or in relevant cumulative salary or other income, regardless of when it is earned or expected to be earned. (d) The written consent form is signed and dated by any person other than the subject or the conservator or guardian, or other representative of the subject, as specified in Section 24175, who can attest that the requirements for informed consent to the medical experiment have been satisfied. (e) Consent is voluntary and freely given by the human subject or the conservator or guardian, or other representative, as specified by Section 24175, without the intervention of any element of force, fraud, deceit, duress, coercion, or undue influence.

24174. As used in this chapter, “medical experiment” means: (a) The severance or penetration or damaging of tissues of a human subject or the use of a drug or device, as defined in Section

109920 or 109925, electromagnetic radiation, heat or cold, or a biological substance or organism, in or upon a human subject in the practice or research of medicine in a manner not reasonably related to maintaining or improving the health of the subject or otherwise directly benefiting the subject. (b) The investigational use of a drug or device as provided in Sections 111590 and 111595. (c) Withholding medical treatment from a human subject for any purpose other than maintenance or improvement of the health of the subject. 24175. (a) Except as otherwise provided in this section, no person shall be subjected to any medical experiment unless the informed consent of such person is obtained. (b) If a person is under a conservatorship of the person or of the person and estate, pursuant to Division 4 (commencing with Section 1400) of the Probate Code, informed consent for a medical experiment involving such person shall be obtained: (1) As provided in Section 2354 of the Probate Code if the person has not been adjudicated to lack the capacity to give informed consent for medical treatment. (2) As provided in Section 2355 of the Probate Code if the person has been adjudicated to lack the capacity to give informed consent for medical treatment. (c) If an adult person is gravely disabled, as defined in subdivision (h) of Section 5008 of the Welfare and Institutions Code, and is under a conservatorship of the person or of the person and estate, pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5 of the Welfare and Institutions Code, informed consent for a medical experiment involving such person shall be obtained from such person, unless the conservator of such person has the right to consent to medical treatment on behalf of the conservatee, pursuant to subdivisions (c) and (d) of Section 5357 and Section 5358 of the Welfare and Institutions Code. (d) If an adult person is developmentally disabled, as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code, and has no conservator and is mentally incapable of giving informed consent, informed consent shall be obtained for a medical experiment involving such person, pursuant to subdivision (c) of Section 4655 of the Welfare and Institutions Code. (e) Informed consent given by a person other than the human subject pursuant to subdivisions (b) through (d), inclusive, of this section shall only be for medical experiments related to maintaining or improving the health of the human subject or related to obtaining information about a pathological condition of the human subject. 24176. (a) Any person who is primarily responsible for conduct of a medical experiment and who negligently allows the experiment to be conducted without a subject’s informed consent, as provided in this chapter, shall be liable to the subject in an amount not to exceed ten thousand dollars ($10,000), as determined by the court. The minimum amount of damages awarded shall be five hundred dollars ($500). (b) Any person who is primarily responsible for the conduct of a medical experiment and who willfully fails to obtain the subject’s informed consent, as provided in this chapter, shall be liable to the subject in an amount not to exceed twenty-five thousand dollars ($25,000) as determined by the court. The minimum amount of damages awarded shall be one thousand dollars ($1,000). (c) Any person who is primarily responsible for the conduct of a medical experiment and who willfully fails to obtain the subject’s informed consent, as provided in this chapter, and thereby exposes a subject to a known substantial risk of serious injury, either bodily harm or psychological harm, shall be guilty of a misdemeanor punishable by imprisonment in the county jail for a period not to exceed one year or a fine of fifty thousand dollars ($50,000), or both. (d) Any representative or employee of a pharmaceutical company, who is directly responsible for contracting with another person for the conduct of a medical experiment, and who has knowledge of risks or hazards with respect to the experiment, and who willfully withholds information of the risks and hazards from the person contracting for the conduct of the medical experiment, and thereby exposes a subject to substantial risk of serious injury, either bodily harm or psychological harm, shall be guilty of a misdemeanor punishable by imprisonment in the county jail for a period not to exceed one year or a fine of fifty thousand dollars ($50,000), or both. (e) Each and every medical experiment performed in violation of any provision of this chapter is a separate and actionable offense. (f) Any attempted or purported waiver of the rights guaranteed, or requirements prescribed by this chapter, whether by a subject or by a subject’s conservator or guardian, or other representative, as specified in Section 24175, is void. (g) Nothing in this section shall be construed to limit or expand the right of an injured subject to recover damages under any other applicable law. 24177. This chapter shall not supersede, but shall be in addition to, Article 4 (commencing with Section 111515) of Chapter 6 of Part 5 of Division 104 of this code and Title 2.1 (commencing with Section 3500) of Part 3 of the Penal Code. 24177.5. (a) This chapter shall not apply to any medical experimental treatment that benefits a patient subject to a life-threatening emergency if all of the following conditions are met: (1) Care is provided in accordance with the procedures and the additional protections of the rights and welfare of the patient set forth in Part 50 of Title 21 of, and Part 46 of Title 45 of, the Code of Federal Regulations, in effect on December 31, 2010. (2) The patient is in a life-threatening situation necessitating urgent intervention and available treatments are unproven or unsatisfactory. (3) The patient is unable to give informed consent as a result of the patient’s medical condition. (4) Obtaining informed consent from the patient’s legally authorized representatives is not feasible before the treatment must be administered. The proposed investigational plan shall define the length of time of the potential therapeutic window based on scientific evidence, and the investigator shall commit to attempting to contact a legally authorized representative for each subject within that length of time and, if feasible, to asking the legally authorized representative contacted for consent within that length of time rather than proceeding without consent. (5) There is no reasonable way to identify prospectively the individuals likely to become eligible for participation in the clinical investigation. (6) Valid scientific studies have been conducted that support the potential for the intervention to provide a direct benefit to the patient. Risks associated with the investigation shall be reasonable in relation to what is known about the medical condition of the potential class of subjects, the risks and benefits of standard therapy, if any, and what is known about the risks and benefits of the proposed intervention or activity. (b) Nothing in this section is intended to relieve any party of any other legal duty, including, but not limited to, the duty to act in a nonnegligent manner. (c) This section shall remain in effect only until January 1, 2014, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2014, deletes or extends that date. 24178. (a) Except for this section and the requirements set forth in Sections 24172 and 24176, this chapter shall not apply to any person who is conducting a medical experiment as an investigator within an institution that holds an assurance with the United States Department of Health and Human Services pursuant to Part 46 of Title 45 of the Code of Federal Regulations and who obtains informed consent in the method and manner required by those regulations. (b) Subdivisions (c) and (e) shall apply only to medical experiments that relate to the cognitive impairment, lack of capacity, or serious or life-threatening diseases and conditions of research participants. (c) For purposes of obtaining informed consent required for medical experiments in a nonemergency room environment, and pursuant to subdivision (a), if a person is unable to consent and does not express dissent or resistance to participation, surrogate informed consent may be obtained from a surrogate decisionmaker with reasonable knowledge of the subject, who shall include any of the following persons, in the following descending order of priority: (1) The person’s agent pursuant to an advance health care directive. (2) The conservator or guardian of the person having the authority to make health care decisions for the person. (3) The spouse of the person. (4) An individual as defined in Section 297 of the Family Code. (5) An adult son or daughter of the person. (6) A custodial parent of the person. (7) Any adult brother or sister of the person. (8) Any adult grandchild of the person. (9) An available adult relative with the closest degree of kinship to the person. (d) (1) When there are two or more available persons who, pursuant to subdivision (c), may give surrogate informed consent and who are in the same order of priority, if any of those persons expresses dissent as to the participation of the person in the medical experiment, consent shall not be considered as having been given. (2) When there are two or more available persons who are in different orders of priority pursuant to subdivision (c), refusal to consent by a person who is a higher priority surrogate shall not be superseded by the consent of a person who is a lower priority surrogate. (e) For purposes of obtaining informed consent required for medical experiments in an emergency room environment, and pursuant to subdivision (a), if a person is unable to consent and does not express dissent or resistance to participation, surrogate informed consent may be obtained from a surrogate decisionmaker who is any of the following persons: (1) The person’s agent pursuant to an advance health care directive. (2) The conservator or guardian of the person having the authority to make health care decisions for the person. (3) The spouse of the person. (4) An individual defined in Section 297 of the Family Code. (5) An adult son or daughter of the person. (6) A custodial parent of the person. (7) Any adult brother or sister of the person. (f) When there are two or more available persons described in subdivision (e), refusal to consent by one person shall not be superseded by any other of those persons. (g) Surrogate decisionmakers described in this section shall exercise substituted judgment, and base decisions about participation in accordance with the person’s individual health care instructions, if any, and other wishes, to the extent known to the surrogate decisionmaker. Otherwise, the surrogate decisionmaker shall make the decision in accordance with the person’s best interests. In determining the person’s best interests, the decisionmaker shall consider the person’s personal values and his or her best estimation of what the person would have chosen if he or she were capable of making a decision. (h) Research conducted pursuant to this section shall adhere to federal regulations governing informed consent pursuant to Section 46.116 of Title 45 of the Code of Federal Regulations. (i) Any person who provides surrogate consent pursuant to subdivisions (c) and (e) may not receive financial compensation for providing the consent. (j) Subdivisions (c) and (e) do not apply to any of the following persons, except as otherwise provided by law: (1) Persons who lack the capacity to give informed consent and who are involuntarily committed pursuant to Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code. (2) Persons who lack the capacity to give informed consent and who have been voluntarily admitted or have been admitted upon the request of a conservator pursuant to Chapter 1 (commencing with Section 6000) of Part 1 of Division 6 of the Welfare and Institutions Code. 24179. This chapter shall not apply to a pharmacist dispensing drugs upon a prescription. 24179.5. Notwithstanding any other provision of this chapter, this chapter does not apply to an adult in a terminal condition who executes a directive directing the withholding or withdrawal of life-sustaining procedures pursuant to Section 7188. To the extent of any conflict, Division 4.7 (commencing with Section 4600) of the Probate Code prevails over the provisions of this chapter.

Crimes against humanity
The definition of crimes against humanity in article 5 of the draft statute is based on the Nürnberg Charter and takes into account subsequent developments of international law, particularly relating to the recent ad hoc international criminal tribunals. Proposals for the definition of crimes against humanity include acts which would constitute such a crime when committed in a widespread and/or systematic manner, and/or on a massive scale, and/or on specified grounds.

The definition of crimes against humanity contained in the Nürnberg Charter included the requirement that the prohibited acts be committed in connection with crimes against peace or war crimes. A decision has yet to be made as to whether the definition of crimes against humanity contained in the Statute will also include such acts when committed in peacetime. In this regard, the Yugoslavia Tribunal stated, “It is by now a settled rule of customary international law that crimes against humanity do not require a connection to international armed conflict.”

According to the draft statute, the definition of this crime would include the following prohibited acts:

murder;
extermination;
enslavement;
deportation or forcible transfer of population;
torture;
rape or other sexual abuse of comparable gravity, or enforced prostitution;
persecution against a group on political, racial, national, ethnic, cultural or religious (and possibly gender) grounds;

enforced disappearance of persons;
other inhumane acts causing serious injury to body or to mental or physical health;
detention, imprisonment or deprivation of liberty in violation of international law.

In the draft statute, extermination is defined as including the infliction of conditions of life calculated to bring about the destruction of part of a population.

Torture may be defined as it is in the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984, which requires that the acts be committed by a public official. Or torture may be defined as the intentional infliction of severe pain or suffering, but excluding pain and suffering arising only from lawful sanctions.

A. Grave Breaches of the Geneva Conventions
The four Geneva Conventions of 1949 extend special protections to certain categories of persons — wounded and sick in armed forces in the field; wounded, sick and shipwrecked members of armed forces at sea; POWs; and civilians during wartime. The ICC draft statute enumerates “grave breaches” as “any of the following acts against persons or property protected under the provisions of the relevant Geneva Convention:

wilful killing;
torture or inhuman treatment, including biological experiments;
wilfully causing great suffering, or serious injury to body or health;
extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly;
compelling a prisoner of war or other protected person to serve in the forces of a hostile Power;
wilfully depriving a prisoner of war or other protected person of the rights of fair and regular trial;
unlawful deportation or transfer or unlawful confinement; and the taking of hostages.”

B. Other serious violations of the laws and customs applicable in international armed conflicts
As noted previously, these provisions are derived largely from the Hague law. The list is quite extensive, and largely consists of rules of warfare recognized since the turn of the century or before, but also takes into account more recent developments in international humanitarian law. It enumerates as crimes such acts as:

targeting civilians;
targeting buildings devoted to art or science;
killing combatants who have laid down their arms and surrendered;
declaring that no quarter will be given;
pillaging;
using a flag of truce or other flag or insignia falsely, resulting in death or serious injury;
rape, sexual slavery, enforced prostitution, enforced pregnancy, enforced sterilization, and other forms of sexual violence;
using civilians or other protected persons to protect specific locations from military attack;
intentional starvation of civilians as a method of warfare.

Proposals have been made to include the following acts: the transfer by an occupying power of civilians into or out of certain territories; the use of particular weapons, such as poison or poisoned weapons, gas weapons, chemical weapons and bacteriological weapons; the use of anti-personnel mines, blinding laser weapons and nuclear weapons; and “outrages upon personal dignity, in particular humiliating and degrading treatment”, or, more specifically, rape, sexual slavery, enforced prostitution, enforced pregnancy, enforced sterilization, and any other form of sexual violence also constituting a grave breach of the Geneva Conventions.

C. In the case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions
Article 3 which is common to all four Geneva Conventions applies specifically to armed conflicts not of an international character. It sets out protection for those not taking an active part in the hostilities, including members of armed forces who have laid down their arms and those placed hors de combat (out of the combat) by sickness, wounds, detention or any other cause. It enumerates four categories of prohibited acts:

violence, murder, mutilation, cruel treatment and torture;
outrages upon personal dignity, in particular humiliating and degrading treatment;
the taking of hostages;
the passing of sentences and carrying out of executions without due process.

D. Other serious violations of the laws and customs applicable in armed conflicts not of an international character
This category is largely derived from the second Protocol Additional to the Geneva Conventions of 1949, which specifically protects victims of non-international conflicts. In large part, this section of the draft statute resembles the text regarding serious violations of the laws and customs applicable in armed conflict in section B above, but applies to non-international conflict. It would prohibit acts such as:

attacks directed against civilian populations, or non-combatants, or against buildings or other targets bearing the emblem of the Geneva Conventions;
attacks directed against buildings dedicated to art or science, or monuments;
pillaging a town or place, even when taken by assault;
committing outrages upon personal dignity, in particular humiliating and degrading treatment;
rape, sexual slavery, enforced prostitution, enforced pregnancy, enforced sterilization, and other forms of sexual violence also constituting a serious violation of article 3 common to the four Geneva Conventions;
using children under the age of 15 in armed forces;
displacing the civilian population for reasons related to the conflict;
physical mutilation or medical or scientific experiments of persons in the power of another party to the conflict;
killing or wounding treacherously an adversary;
declaring that no quarter will be given;
destroying or seizing property when not necessary.

Proposals have been made to include provisions prohibiting using starvation of civilians as a method of warfare, intentionally launching an attack knowing that such an attack would cause loss of life or injury to civilians, and slavery and the trade slave.

War crimes
The draft statute enumerates four different categories of war crimes. The first two categories apply to international armed conflicts and are largely based on well-established principles of international law. There is broad support for their inclusion:

A. Grave breaches of the four Geneva Conventions of 12 August 1949

B. Other serious violations of the laws and customs applicable in international armed conflicts (largely derived from the Hague law, limiting the methods of waging war).

The third and fourth categories of war crimes apply to armed conflicts not of an international character. These categories are drawn from Common Article 3 of the 1949 Geneva Conventions and the Second Additional Protocol to the four Geneva Conventions, respectively. The inclusion of these two provisions is still being debated.

C. In case of an armed conflict not of an international character, serious violations of article 3 common to the four Geneva Conventions of 12 August 1949 (which bars specified acts committed against persons taking no active part in the hostilities)

D. Other serious violations of the laws and customs applicable in armed conflicts not of an international character, within the established framework of international law (based largely on the Second Additional Protocol to the four Geneva Conventions).

TARGETED INDIVIDUALS OF ORGANIZED STALKING AND ELECTRONIC HARASSMENT – REPRESENT A GROUP OF INDIVIDUAL’S WHO HAVE COME FORWARD TO PROPER AUTHORITIES – REQUESTING A PROTECTION, CRIMINAL INVESTIGATION, A CEASE AND DESIST AND CRIMINAL PROSECUTION OF – THEREFORE – TI’S NOW CONSTITUTE A GROUP –

THE FOLLOWING CRIME OF GENOCIDE THEREFORE APPLIES – TO THE CRIMES BEING COMMITTED UPON AND AGAINST TARGETED INDIVIDUALS

The crime of genocide
Support for the inclusion of the crime of genocide is virtually universal. Establishing an international criminal court where such crimes could be tried is felt by many to be an important reason for establishing the Court. Punishing the crime of genocide has been on the agenda of the United Nations since its formation.

Although crimes qualifying as genocide have been perpetrated since the earliest history of humankind, the term “genocide” is relatively new. It is said to combine the Greek genos, which means race or tribe, and the Latin cide, which means killing, and was coined to describe the Nazi activity in occupied Europe. Following the extermination of many Jews and members of other groups deemed undesirable by the Nazis in the Second World War, the Charter of the Nürnberg Tribunal recognized “persecutions on political, racial, or religious grounds” as one of two categories of crimes against humanity, and established the principle of individual criminal responsibility for such crimes. As early as 1946, the United Nations General Assembly unanimously affirmed the principles of international law recognized by the Charter and Judgment of the Nürnberg Tribunal (the Nürnberg principles). In 1948, it adopted the Convention on the Prevention and Punishment of the Crime of Genocide, which defined genocide and proclaimed it a crime against international law, “whether committed in time of peace or in time of war”. It was in the resolution adopting that Convention that the United Nations General Assembly first considered the establishment of an international criminal court. The General Assembly recognized that there would be an increasing need for an international judicial organ to try “certain crimes” under international law.

There is broad agreement to use the wording of the Genocide Convention in the draft statute for the Court. Article 5 of the draft statute has been taken directly from the Convention:

“. . . Genocide means any of the following acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such:

killing members of the group;
causing serious bodily or mental harm to members of the group;
deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
imposing measures intended to prevent births within the group;
forcibly transferring children of the group to another group.

The following acts shall be punishable:

genocide;
conspiracy to commit genocide;
direct and public incitement to commit genocide;
attempt to commit genocide;
complicity in genocide.”

SUBLIMINAL MESSAGES – VIA CUTTING EDGE MILITARY GRADE WEAPONIZED TECHNOLOGIES – IS NOT PROTECTED BY THE FIRST AMENDMENT – THE CASE OFJUDIST PRIEST ROCK BAND AND DEATH OF YOUNG MEN AND THE CASE THEIR PARENTS TOOK TO TRIAL. THIS IS ONLY A SONG – THE DEPARTMENT OF DEFENSE AND THEIR COHORTS ARE USING WEAPONIZED NEUROSCIENCE AND NEUROTECHNOLOGIES TO DO WORSE – ON PURPOSE.
First Amendment Protection and the Denial of Summary Judgment

The defendants denied any and all knowledge of subliminal messages, and they denied having engaged in any tricks or mischief during production of the record. Nevertheless, the case went to trial. The defense was unsuccessful in arguing that any and all speech (including subliminal speech) should enjoy First Amendment protection. In a pre-trial motion, Justice Jerry Carr Whitehead ruled that subliminal speech does not deserve protection because it does not perform any of the functions that free speech accomplishes. Since the recipient of a subliminal message is unaware of it, the message can’t contribute to dialogue, the pursuit of truth, the marketplace of ideas, or personal autonomy. There is no information exchange. No arguments are possible if recipients are unaware of the message’s presence. People also have a right, the judge added, to be free from unwanted speech. Since subliminal materials cannot be avoided, they constitute an invasion of privacy. For all these reasons, subliminals were not afforded First Amendment protection (Vance v. Judas Priest 1989b). This ruling makes logical sense if a subliminal message could have the power attributed to it by the plaintiffs. The plaintiffs thus achieved a major victory in getting the case to trial in the first place.

FEDERAL COMMUNICATION LAW OF 1934

FORBIDS INTERFERING WITH RADIO WAVES – BY BLOCKING SIGNALS –

According to a number of online sources, it’s a violation of Federal law, specifically Section 333 of The Communications Act of 1934.

According to a citation issued January 26, 2011, by the Federal Communications Commission against Comtrex Communications for illegal cell phone jamming, Section 333 of the Communications Act of 1934 states, “[n]o person shall willfully or maliciously interfere with or cause interference to any radio communications of any station licensed or authorized by or under this Act or operated by the United States Government.” and Section 302(b) of the Communications Act provides that “[n]o person shall manufacture, import, sell, offer for sale, or ship devices or home electronic equipment and systems, or use devices, which fail to comply with regulations promulgated pursuant to this section.”

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TITLE 18 > PART I > CHAPTER 119 > § 2511
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§ 2511. Interception and disclosure of wire, oral, or electronic communications prohibited

California Noise Control Act

California Health and Safety Code
Sections 46000 – 46080

(Current as of Sept. 20, 2001)

46000. The Legislature hereby finds and declares that:
(a) Excessive noise is a serious hazard to the public health and welfare.
(b) Exposure to certain levels of noise can result in physiological, psychological, and economic damage.
(c) There is a continuous and increasing bombardment of noise in the urban, suburban, and rural areas.
(d) Government has not taken the steps necessary to provide for the control, abatement, and prevention of unwanted and hazardous noise.
(e) The State of California has a responsibility to protect the health and welfare of its citizens by the control, prevention, and abatement of noise.
(f) All Californians are entitled to a peaceful and quiet environment without the intrusion of noise which may be hazardous to their health or welfare.

(g) It is the policy of the state to provide an environment for all Californians free from noise that jeopardizes their health or welfare. To that end it is the purpose of this division to establish a means for effective coordination of state activities in noise control and to take such action as will be necessary to achieve the purposes of this section.

46001. No provision of this division or ruling of the Office of Noise Control is a limitation or expansion: (a) On the power of a city, county, or city and county to adopt and enforce additional regulations, not in conflict therewith, imposing further conditions, restrictions, or limitations. (b) On the power of any city, county, or city and county to declare, prohibit, and abate nuisances. (c) On the power of the Attorney General, at the request of the office, the state department, or upon his own motion to bring an action in the name of the people of the State of California to enjoin any pollution or nuisance or to protect the natural resources of the state. (d) On the power of a state agency in the enforcement or administration of any provision of law which it is specifically permitted or required to enforce or administer. (e) On the right of any person to maintain at any time any appropriate action for relief against any private nuisance as defined in the Civil Code or for relief against any noise pollution.

46002. Nothing in this division shall be construed as giving the Office of Noise Control authority or responsibility for adopting or enforcing noise-emission standards for any product for which a regulation has been, or could be, prescribed or promulgated by the Environmental Protection Agency under the Noise Control Act of 1972.

46010. This division shall be known and may be cited as the California Noise Control Act of 1973.

46020. Unless the context otherwise requires, the definitions set forth in this chapter govern the construction of the words used in this division.

46021. “Local agency” means and includes every local agency, including a county, city, whether general law or chartered, city and county, school district, municipal corporation, district, political subdivision, or any board, commission or agency thereof, or other local public agency.

46022. “Noise” means and includes excessive undesirable sound, including that produced by persons, pets and livestock, industrial equipment, construction, motor vehicles, boats, aircraft, home appliances, electric motors, combustion engines, and any other noise-producing objects.

46023. “Office” means the Office of Noise Control.

46024. “Public agency” means and includes every state agency and every local agency.

46025. “State agency” means and includes every state office, officer, department, division, bureau, board, council, commission, or other state agency.

46040. There is within the state department an Office of Noise Control.

46050. The office shall, in order to protect health and well-being establish and maintain a program on noise control, including but not limited to: (a) Determining the psychological and physical health effects of noise. (b) Determining the physiological effects of noise upon plant and animal life. (c) Monitoring noise. (d) Collecting and disseminating authoritative information on adverse effects of noise and of means for its control. (e) Developing, in cooperation with local governments, model ordinances for urban, suburban, and rural environments. (f) Providing assistance to local governmental entities engaged in developing and implementing noise abatement procedures. (g) Developing criteria and guidelines for use in setting standards for human exposure to noise. (h) Developing standards for the use of noise-producing objects in California. (i) Developing criteria for submission to the Legislature so that state agencies may require noise control in equipment purchased for state use.

46050.1. Notwithstanding Section 65040.2 of the Government Code, the office shall adopt, in coordination with the Office of Planning and Research and each state department and agency as it deems appropriate, guidelines for the preparation and content of noise elements as required by Section 65302 of the Government Code. In adding Section 39850.1 to the Health and Safety Code, which was the predecessor to this section, and amending Section 65302 of the Government Code by Chapter 1124 of the Statutes of 1975, it was the intent of the Legislature to ensure, insofar as possible, that new and periodically revised noise elements in local governments’ general plans be more standardized, comprehensive, and utilitarian than they had been previously. However, the Legislature also recognized that some cities and counties had already adopted noise elements pursuant to the existing Section 65302 of the Government Code and that others had received extensions on the due date of their noise element until September 20, 1975. Those cities and counties were not required to resubmit new noise elements consistent with Section 65302 of the Government Code, or to recognize guidelines adopted pursuant to this section, but are required, upon initial and periodic revision of the noise element, to comply with Section 65302 of the Government Code and to recognize those guidelines. The requirement that the office adopt guidelines for the preparation and content of noise elements shall be inoperative during the 1993-94 fiscal year.

46060. It is the purpose of this chapter to encourage the enactment and enforcement of local ordinances in those areas which are most properly the responsibility of local government. It is further the purpose to insure that the state is of maximum assistance to local agencies in the discharge of those responsibilities, furnishing technical and legal expertise to assist local agencies in the enactment and enforcement of meaningful and technically sufficient noise abatement measures.

46061. The office shall provide technical assistance to local agencies in combating noise pollution. Such assistance shall include but not be limited to: (a) Advice concerning methods of noise abatement and control. (b) Advice on training of noise control personnel. (c) Advice on selection and operation of noise abatement equipment.

46062. The office shall provide assistance to local agencies in the preparation of model ordinances to control and abate noise. Such ordinances shall be developed in consultation with the Attorney General and with representatives of local agencies, including the County Supervisors Association of California and the League of California Cities. Any local agency which adopts any noise control ordinance shall promptly furnish a copy to the office.

46070. The director shall promote coordination of the programs of all state agencies relating to noise research, abatement, prevention, and control. Each state agency shall, upon request, furnish to the director such information as he may reasonably require to determine the nature, scope, and results of the noise research and noise control programs of the agency.

46071. On the basis of regular consultation with appropriate state agencies, the director shall compile and publish, from time to time, a report on the status and progress of state activities relating to noise research and noise control. This report shall describe the noise programs of each state agency and assess the contributions of those programs to the state’s overall efforts to control noise.

46072. In any case where any state agency is carrying out or sponsoring any activity resulting in noise which the director determines amounts to a public nuisance or is otherwise objectionable, such agency shall consult with the director to determine possible means of abating such noise. This section does not apply to any action of a private person for which a license, permit, or other entitlement for use is required to be issued by a state agency.

46073. The Legislature authorizes and directs that all state agencies shall, to the fullest extent consistent with existing authority, administer the programs within their control in such a manner as to further the policy declared in Section 46000. This section shall not be construed to limit or expand the authority of any state agency to issue or deny a license, permit, or other entitlement for use.

46074. Each state agency authorized to adopt regulations in the area of noise control shall in the manner specified in subdivision (c) of Section 11423 of the Government Code give notice to and invite the comments of the office concerning any proposed adoption, amendment, or repeal of a regulation in the area of noise control.

46075. In accordance with the provisions of Section 11426 of the Government Code or other applicable law, the office may petition any public agency for the adoption of regulations or other measures otherwise within the authority of that public agency in the area of noise control.

46076. The Office of Noise Control shall maintain a program to insure that all state agencies are advised of available federal assistance and funds for noise control programs. The office may, at the request of individual agencies, act for them for the following purposes: (a) Applying for federal funds which may be made available to the states for noise control programs or related research as a result of the Noise Control Act of 1972 (P.L. 92-574) or any other federal program or law. (b) Receiving technical assistance from the Environmental Protection Agency to facilitate the development and enforcement of state noise standards and model noise legislation.

46077. The office shall maintain a program to ensure coordinated state and federal noise control programs including, but not limited to, the following: (a) The study of federal noise regulations proposed for adoption pursuant to the Noise Control Act of 1972. (b) The preparation of comments, evaluations, objections or the use of any other means to ensure that the federal government considers existing California noise control statutes and regulations prior to the adoption of regulations in order to prevent the adoption of federal noise regulation weaker than existing state standards. (c) The preparation of reports to the Legislature containing recommendations for legislation necessitated by the adoption of federal noise regulations pursuant to the Noise Control Act of 1972.

46080. In furtherance of his responsibilities under this division and to complement, as necessary, the noise research programs of federal agencies and of other state agencies, the director is authorized to: (a) Conduct research, and finance research by contract with other public and private bodies, on the effects, measurement, and control of noise, including but not limited to: (1) Investigation of the psychological and physiological effects of noise on humans and the effects of noise on domestic animals, wildlife, and property, and determination of acceptable levels of noise on the basis of such effects. (2) Development of improved methods and standards for measurement and monitoring of noise. (3) Determination of the most effective and practicable means of controlling noise generation, transmission, and reception. (b) Coordinate with and become knowledgeable concerning the noise research programs of other governmental entities including the federal government. (c) Disseminate to the public information on the effects of noise, acceptable noise levels, and techniques for noise measurement and control.

ALSO FOUND SOMETHING MENTIONED BY BINNEY, former NSA WHISTLEBLOWER – about a probable suit he and other former NSA thought to bring against the UNITED STATES GOVERNMENT NSA – for the massive illegal compfiscation of private data on American citizens in the form of Cyber, Telecommunications, and other Surveillance means – without JUST CAUSE –

http://legal-dictionary.thefreedictionary.com/malicious+prosecution
malicious prosecution

An action for damages brought by one against whom a civil suit or criminal proceeding has been unsuccessfully commenced without Probable Cause and for a purpose other than that of bringing the alleged offender to justice.

An action for malicious prosecution is the remedy for baseless and malicious litigation. It is not limited to criminal prosecutions but may be brought in response to any baseless and malicious litigation or prosecution, whether criminal or civil. The criminal defendant or civil respondent in a baseless and malicious case may later file this claim in civil court against the parties who took an active role in initiating or encouraging the original case. The defendant in the initial case becomes the plaintiff in the malicious prosecution suit, and the plaintiff or prosecutor in the original case becomes the defendant. In most states the claim must be filed within a year after the end of the original case.

A claim of malicious prosecution is a tort action. A tort action is filed in civil court to recover money damages for certain harm suffered. The plaintiff in a malicious prosecution suit seeks to win money from the respondent as recompense for the various costs associated with having to defend against the baseless and vexatious case.

The public policy that supports the action for malicious prosecution is the discouragement of Vexatious Litigation. This policy must compete against one that favors the freedom of law enforcement officers, judicial officers, and private citizens to participate and assist in the administration of justice.

In most jurisdictions an action for malicious prosecution is governed by the Common Law. This means that the authority to bring the action lies in case law from the courts, not statutes from the legislature. Most legislatures maintain some statutes that give certain persons Immunity from malicious prosecution for certain acts. In Colorado, for example, a merchant, a merchant’s employee, or a police officer, who reasonably suspects that a theft has occurred, may detain and question the suspect without fear of liability for slander, false arrest, False Imprisonment, unlawful detention, or malicious prosecution (Colo. Rev. Stat. Ann. § 18-4-407 [West 1996]).

An action for malicious prosecution is distinct from an action for false arrest or false imprisonment. If a person is arrested by a police officer who lacks legal authority for the arrest, the proper remedy is an action for false arrest. If a person is confined against her or his will, the proper remedy is an action for false imprisonment. An action for malicious prosecution is appropriate only when the judicial system has been misused.
Elements of Proof

To win a suit for malicious prosecution, the plaintiff must prove four elements: (1) that the original case was terminated in favor of the plaintiff, (2) that the defendant played an active role in the original case, (3) that the defendant did not have probable cause or reasonable grounds to support the original case, and (4) that the defendant initiated or continued the initial case with an improper purpose. Each of these elements presents a challenge to the plaintiff.

The Original Case Was Terminated in Favor of the Plaintiff The original case must end before the defendant or respondent in that case may file a malicious prosecution suit. This requirement is relatively easy to prove. The original case qualifies as a prosecution if the defendant or respondent had to appear in court. The original case need not have gone to trial: it is enough that the defendant or respondent was forced to answer to a complaint in court. If the original case is being appealed, it is not considered terminated, and the defendant or respondent must wait to file a malicious prosecution suit.

To proceed with a malicious prosecution claim, the plaintiff must show that the original case was concluded in her or his favor. Generally, if the original case was a criminal prosecution, it must have been dismissed by the court, rejected by the Grand Jury, abandoned by the prosecutor, or decided in favor of the accused at trial or on appeal. If the original case was a civil suit, the respondent must have won at trial or the trial court must have disposed of the case in favor of the respondent (now the plaintiff).

If recovery by the plaintiff in a civil action was later reversed on appeal, this does not mean that the action was terminated in favor of the respondent. However, if the plaintiff in the original case won by submitting fabricated evidence or by other fraudulent activity, a reversal on such grounds may be deemed a termination in favor of the respondent. A settlement between the plaintiff and the respondent in a civil suit is not a termination in favor of the respondent. Likewise, courts do not consider a plea bargain in a criminal case to be a termination in favor of the defendant.

The Defendant Played an Active Role in the Original Case In a malicious prosecution suit, the plaintiff must prove that the defendant played an active role in procuring or continuing the original case. The plaintiff must prove that the defendant did more than simply participate in the original case. False testimony alone, for example, does not constitute malicious prosecution. Moreover, witnesses are immune from suit for Defamation, even if they lie on the witness stand. Such is the case because the concept of a fair and free trial requires that witnesses testify without fear of having to defend a defamation suit owing to their testimony.

An action for malicious prosecution focuses on the abuse of legal process, not on defamatory, untruthful statements. If a person helps another person launch a baseless case or takes action to direct or aid such a case, the first person may be held liable for malicious prosecution. The defendant must have been responsible in some way for the institution or continuation of the baseless case. This position of responsibility does not always include criminal prosecutors and civil plaintiffs. For example, if a prosecutor bringing criminal charges is tricked into prosecuting the case by an untruthful third party, the deceiving party is the one who may be found liable for malicious prosecution, not the prosecutor.

The Defendant Did Not Have Probable Cause to Support the Original Case The plaintiff must prove that the person who began or continued the original case did not have probable cause to do so. Generally, this means proving that the person did not have a reasonable belief in the plaintiff’s guilt or liability. In examining this element, a court will look at several factors, including the reliability of all sources, the availability of information, the effort required to obtain information, opportunities given to the accused to offer an explanation, the reputation of the accused, and the necessity in the original case for speedy judicial action.

A failure to fully investigate the facts surrounding a case may be sufficient to prove a lack of probable cause. The termination of the original case in favor of the original defendant (now the plaintiff) may help to prove a lack of probable cause, but it may not be decisive on the issue. The plaintiff should present enough facts to allow a reasonable person to infer that the defendant acted without a reasonable belief in the plaintiff’s guilt or liability in beginning or continuing the original case.

In a criminal case, an acquittal does not constitute a lack of probable cause. A criminal defendant stands a better chance of proving lack of probable cause if the original case was dismissed by prosecutors, a grand jury, or the court before the case went to trial. The criminal process provides several safeguards against prosecutions that lack probable cause, so a full criminal trial tends to show the presence of probable cause. Civil cases do not have the same safeguards, so a full civil trial does not tend to prove probable cause.

The Defendant Initiated or Continued the Original Case with an Improper Purpose In a malicious prosecution, the plaintiff must prove with specific facts that the defendant instituted or continued the original proceeding with an improper purpose. Sheer ill will constitutes an improper purpose, and it may be proved with facts that show that the defendant resented the plaintiff or wanted somehow to harm the plaintiff. However, the plaintiff does not have to prove that the defendant felt personal malice or hostility toward the plaintiff. Rather, the plaintiff need only show that the defendant was motivated by something other than the purpose of bringing the plaintiff to justice.

Few defendants admit to improper purposes, so improper purpose usually must be inferred from facts and circumstances. If the plaintiff cannot discover any apparent purpose, improper purpose can be inferred from the lack of probable cause.

Hodges v. Gibson Products Co. Hodges v. Gibson Products Co., 811 P.2d 151 (Utah 1991), contained all the elements of a malicious prosecution. According to Chad Crosgrove, the manager of Gibson Discount Center in West Valley, Utah, store money was noticed missing during the afternoon of September 4, 1981. Both Crosgrove and part-time bookkeeper Shauna Hodges had access to the money, and both denied taking it. On September 9 Crosgrove and Gibson officials went to the local police station, where they lodged an accusation of theft against Hodges. Crosgrove was not accused. Hodges was arrested, handcuffed, and taken to jail. After a Preliminary Hearing, she was released on bail and ordered to return for trial on May 12, 1982.

After Hodges was formally charged, an internal audit at Gibson revealed that Crosgrove had embezzled approximately $9,000 in cash and goods from the store. The thefts had occurred over a time period that included September 4, 1981. Gibson still did not charge Crosgrove with theft. Instead, it allowed him to resign with a promise to repay the money.

The night before Hodges’s trial was to begin, and almost two months after Crosgrove’s Embezzlement was discovered, management at Gibson notified Hodges’s prosecutor of Crosgrove’s activities. The prosecutor immediately dropped the charges against Hodges. Hodges then filed a suit for malicious prosecution against Gibson and against Crosgrove.

At trial Hodges was able to prove all the elements of malicious prosecution to the jury’s satisfaction: (1) She had been subjected to prosecution for theft, and the matter had been terminated in her favor. (2) She had sued the correct parties, because Gibson and Crosgrove were responsible for instituting the original proceedings against her. (3) She had ample evidence that the original prosecution was instituted without probable cause because Gibson failed to investigate Crosgrove until after she had been arrested and because the prosecutor dismissed the charges against her. (4) Finally, there were enough facts for the jury to infer that both Gibson and Crosgrove had acted with improper motive: Gibson had acted with an apparent bias against Hodges, and Crosgrove apparently had accused Hodges for self-preservation. The jury awarded Hodges a total of $88,000 in damages: $77,000 from Gibson, and $11,000 from Crosgrove. The verdict was upheld on appeal.
Damages

The plaintiff in an action for malicious prosecution can recover money from the defendant for certain harms suffered. Typical injuries include loss of reputation and credit, humiliation, and mental suffering. If the original action was a criminal case, additional harms often include discomfort, injury to health, loss of time, and deprivation of society with family.

If the plaintiff suffered an economic loss directly related to the original action, the plaintiff can also recover the amount lost. This amount includes attorneys’ fees and court costs incurred by the plaintiff in defending the original case.

Finally, the plaintiff may recover Punitive Damages. Punitive damages are imposed by judges and juries to punish misconduct by a party. Because an action for malicious prosecution requires proof of improper intent on the part of the defendant, punitive damages commonly are awarded to malicious prosecution plaintiffs who win damages awards.
Other Considerations

Actions for malicious prosecution must compete against the public interest in allowing parties to pursue cases unfettered by the specter of a retaliatory case. Very few civil or criminal cases result in an action for malicious prosecution. This is because it is difficult to prove that the defendant procured or continued the original case without probable cause and with an improper purpose.

Another difficulty for the plaintiff in an action for malicious prosecution is immunity. Generally, the law protects witnesses, police officers, judges, prosecutors, and lawyers from suit for malicious prosecution. Witnesses are given immunity because justice requires that they testify without fear of reprisals. Law enforcement and judicial officers are given immunity because they must be free to perform their duties without continually defending against malicious prosecution cases.

There are exceptions, however. If a law enforcement or judicial official ventures outside the bounds of official duties to instigate or continue a malicious prosecution, the official may be vulnerable to a malicious prosecution suit. For example, a prosecutor who solicits fabricated testimony to present to a grand jury may be sued for malicious prosecution. The prosecutor would receive only limited immunity in this instance because the solicitation of evidence is an administrative function, not a prosecutorial function (Buckley v. Fitzsimmons, 509 U.S. 259, 113 S. Ct. 2606, 125 L. Ed. 2d 209 [1993]).

Private parties may also at times enjoy immunity from actions for malicious prosecution. For example, a person who complains to a disciplinary committee about an attorney may be immune. This general rule is followed by courts to avoid discouraging the reporting of complaints against attorneys.

Subpages (1): WE NEED LEGISLATION TO OUTLAW THEIR USES AGAINST UN=PROTECTED CITIZENS

2 Replies to “Targeted, Terrorized, Stalked: The Rule and Color of Law”

Taryn Thompson says:

October 30, 2017 at 12:36 am

I have been maliciously harassed and stalked emotionally traumatized because of the ongoing and threatening nature of this crime. The perpetrators of this harassment and stalking, including violent recently released felons, have been engaging in the systematic criminal behavior that is commonly called “Organized Stalking”. The direct threats and explicit statements of their intention to commit harm accompany the indirect statements suggesting potential harm if I return to my sister’s house to retrieve my furniture and belongings. I have suffered the following abuses; cyber-stalking (including internet spying, email spying and intercepting, password theft); privacy invasion (including telephone tapping, misdirecting and disconnecting, mail tampering and intercepting, and using surveillance cameras to video me in several stages of undress); forced homelessness; widespread vicious lies, threats of bodily harm, intimidation; including ridicule and sarcasm regarding my childhood trauma/rape. Due to this unrelenting harassment and the accompanying threats, I suffer from sleep deprivation; severe migraines; extreme fatigue; and Tinnitus, (nuisance hearing of sounds induced by synthetically contrived voice transmission techniques to induce sleep deprivation). I have been terrorized, frightened, intimidated and harassed to no end and suffered numerous financial and legal burdens that I cannot afford in order to escape this torture to the harassment. They have sabotaged my repeated attempts to become gainfully employed and interfered with my job interviews. Due to the Online harassment and threatening behavior that has transpired over the web, computer spyware,the willful, malicious and repeated following and harassing I suffer tremendously in terms of fear, anxiety and the disruption of my daily life, violating my civil rights, Violence Against Women Act, CA Civil/Penal Code Violations; Cal Civ Code § 1708.7, Cal Pen Code § 646.9, & Federal Stalking Laws 18 USCS § 2261A.
RNg says:

November 21, 2019 at 8:44 pm

I’m being stalked as well – by corrupt city employees in addition to others, hired private eyes by members of a well known cult. And i would bet my like that i am a victim of deepfakes. This is happening right here in the Little Italy / Lower East Side of Manhattan.

I can not even have a conversation without being listened in on, documents (MS Word) were swiped from my device, my Mac Console lists forced entry. I’m followed to WholeFoods.

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