Chapter 1 Rape, Abduction, Carnal Abuse of Children, and Seduction
Chapter 2 Abandonment and Neglect of Children
Chapter 2.5 Spousal Abusers
Chapter 4 Child Abduction
Chapter 5 Bigamy, Incest, and the Crime Against Nature
Chapter 5.5 Sex Offenders
Chapter 6 DNA and Forensic Identification Data Base and Data Bank Act of 1998
Chapter 7 Of Crimes Against Religion and Conscience, and Other Offenses Against Good Morals
Chapter 7.5 Obscene Matter
Chapter 7.6 Harmful Matter
Chapter 8 Indecent Exposure, Obscene Exhibitions, and Bawdy and Other Disorderly Houses
Chapter 9 Lotteries
Chapter 10 Gaming
Chapter 10.5 Horse Racing
Chapter 11 Pawnbrokers
Chapter 12 Other Injuries to Persons
Chapter 13 Crimes Against Elders, Dependent Adults, and Persons with Disabilities

Terms Used In California Codes > Penal Code > Part 1 > Title 9 - OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS

  • abuse or neglect in out-of-home care: includes physical injury or death inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165. See California Penal Code 11165.5
  • Access shaft: means a vertical shaft used as a regular means of worker access to underground mines and tunnels under construction, renovation, or demolition. See California Labor Code 7951
  • Agency: means the Labor and Workforce Development Agency. See California Labor Code 18.5
  • alcohol and drug counselor: is a person providing counseling, therapy, or other clinical services for a state licensed or certified drug, alcohol, or drug and alcohol treatment program. See California Penal Code 11165.7
  • Animal control officer: means a person employed by a city, county, or city and county for the purpose of enforcing animal control laws or regulations. See California Penal Code 11165.7
  • board: means the California Department of Tax and Fee Administration. See California Revenue and Taxation Code 20
  • Board: means the Occupational Safety and Health Standards Board. See California Labor Code 7951
  • book: signifies the recordation of an arrest in official police records, and the taking by the police of fingerprints and photographs of the person arrested, or any of these acts following an arrest. See California Penal Code 7
  • bribe: signifies anything of value or advantage, present or prospective, or any promise or undertaking to give any, asked, given, or accepted, with a corrupt intent to influence, unlawfully, the person to whom it is given, in his or her action, vote, or opinion, in any public or official capacity. See California Penal Code 7
  • Building: as used in this article means so much of any building or structure of any kind as is or may be entered through the same outside entrance. See California Penal Code 11235
  • child: means a person under the age of 18 years. See California Penal Code 11165
  • child abuse or neglect: includes physical injury or death inflicted by other than accidental means upon a child by another person, sexual abuse as defined in Section 11165. See California Penal Code 11165.6
  • child visitation monitor: means a person who, for financial compensation, acts as a monitor of a visit between a child and another person when the monitoring of that visit has been ordered by a court of law. See California Penal Code 11165.7
  • City: includes incorporated city, city and county, municipal corporation, municipality, town, and incorporated town. See California Revenue and Taxation Code 14
  • City: includes incorporated city, city and county, municipal corporation, municipality, town and incorporated town. See California Unemployment Insurance Code 13
  • clergy member: means a priest, minister, rabbi, religious practitioner, or similar functionary of a church, temple, or recognized denomination or organization. See California Penal Code 11165.7
  • commercial computer technician: means a person who works for a company that is in the business of repairing, installing, or otherwise servicing a computer or computer component, including, but not limited to, a computer part, device, memory storage or recording mechanism, auxiliary storage recording or memory capacity, or any other material relating to the operation and maintenance of a computer or computer network system, for a fee. See California Penal Code 11165.7
  • commercial film and photographic print or image processor: means a person who develops exposed photographic film into negatives, slides, or prints, or who makes prints from negatives or slides, or who prepares, publishes, produces, develops, duplicates, or prints any representation of information, data, or an image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disk, data storage medium, CD-ROM, computer-generated equipment, or computer-generated image, for compensation. See California Penal Code 11165.7
  • Commercial sexual exploitation: refers to either of the following:

    California Penal Code 11165.1

  • Controller: means the State Controller. See California Revenue and Taxation Code 21
  • corruptly: import s a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to, or to some other person. See California Penal Code 7
  • County: includes "city and county. See California Labor Code 14
  • county: includes "city and county". See California Penal Code 7
  • County: includes city and county. See California Revenue and Taxation Code 15
  • County: includes city and county. See California Unemployment Insurance Code 14
  • County: includes city and county. See California Water Code 14
  • craft: includes every boat, ship, vessel, craft, barge, hulk, float or other thing capable of floating. See California Penal Code 11301
  • daytime: means the period between sunrise and sunset, and the word "nighttime" means the period between sunset and sunrise. See California Penal Code 7
  • Department: means the Department of Industrial Relations. See California Labor Code 6302
  • Department: means the Department of Health Care Access and Information. See California Health and Safety Code 128700
  • Director: means "State Director of Health Services. See California Health and Safety Code 21
  • Distribute: means to transfer possession of, whether with or without consideration. See California Penal Code 313
  • Distribute: means transfer possession of, whether with or without consideration. See California Penal Code 311
  • Division: means the Division of Occupational Safety and Health. See California Labor Code 6302
  • Division: means the Division of Occupational Safety and Health. See California Labor Code 7951
  • Emergency department: means , in a hospital licensed to provide emergency medical services, the location in which those services are provided. See California Health and Safety Code 128700
  • Encounter: means a face-to-face contact between a patient and the provider who has primary responsibility for assessing and treating the condition of the patient at a given contact and exercises independent judgment in the care of the patient. See California Health and Safety Code 128700
  • Exhibit: means to show. See California Penal Code 313
  • Exhibit: means show. See California Penal Code 311
  • Face: means the head of the tunnel where soil is being removed, or that area in a mine where digging is underway. See California Labor Code 7951
  • Freestanding ambulatory surgery clinic: means a surgical clinic that is licensed by the state under paragraph (1) of subdivision (b) of Section 1204. See California Health and Safety Code 128700
  • gambling ship: as used in this article means any boat, ship, vessel, watercraft or barge kept, operated or maintained for the purpose of gambling, whether within or without the jurisdiction of the State, and whether it is anchored, lying to, or navigating. See California Penal Code 11317
  • Harmful matter: means matter, taken as a whole, which to the average person, applying contemporary statewide standards, appeals to the prurient interest, and is matter which, taken as a whole, depicts or describes in a patently offensive way sexual conduct and which, taken as a whole, lacks serious literary, artistic, political, or scientific value for minors. See California Penal Code 313
  • health facilities: means all health facilities required to be licensed pursuant to Chapter 2 (commencing with Section 1250) of Division 2. See California Health and Safety Code 128700
  • Hospital: means all health facilities except skilled nursing, intermediate care, congregate living, and hospice health facilities. See California Health and Safety Code 128700
  • Humane society officer: means a person appointed or employed by a public or private entity as a humane officer who is qualified pursuant to Section 14502 or 14503 of the Corporations Code. See California Penal Code 11165.7
  • improvements: includes trees, vines, alfalfa, all growing crops, and all buildings and structures. See California Water Code 25501
  • Industrial disability: means a disability compensable under Division 4 (commencing with Section 3201) of the Labor Code. See California Unemployment Insurance Code 2776
  • Industrially disabled person: means an individual who has received or is entitled to receive benefits under Division 4 (commencing with Section 3201) of the Labor Code, and who is unable to perform his regular or customary work for 60 consecutive days or more, but not to exceed two calendar years from the date of commencement of his industrial disability. See California Unemployment Insurance Code 2776
  • Knowingly: means being aware of the character of the matter. See California Penal Code 313
  • knowingly: import s only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See California Penal Code 7
  • Knowingly: means being aware of the character of the matter or live conduct. See California Penal Code 311
  • land: includes city and town lots and excepts improvements. See California Water Code 25500
  • license: shall include a permit or a certificate issued by a state agency. See California Penal Code 23
  • licensing agency: means the State Department of Social Services office responsible for the licensing and enforcement of the California Community Care Facilities Act (Chapter 3 (commencing with Section 1500) of Division 2 of . See California Penal Code 11165.11
  • Lower explosive limit: means the lowest concentration at which a gas or vapor can be ignited or will explode. See California Labor Code 7951
  • magistrate: signifies any one of the officers mentioned in Section 808. See California Penal Code 7
  • maliciously: import a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law. See California Penal Code 7
  • mandatory supervision: shall mean the portion of a defendant's sentenced term during which time he or she is supervised by the county probation officer pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170. See California Penal Code 19.9
  • Manufactured home: includes both of the following:

    California Revenue and Taxation Code 20639.2

  • Matter: means any book, magazine, newspaper, video recording, or other printed or written material or any picture, drawing, photograph, motion picture, or other pictorial representation or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction or any other articles, equipment, machines, or materials. See California Penal Code 313
  • Matter: means any book, magazine, newspaper, or other printed or written material, or any picture, drawing, photograph, motion picture, or other pictorial representation, or any statue or other figure, or any recording, transcription, or mechanical, chemical, or electrical reproduction, or any other article, equipment, machine, or material. See California Penal Code 311
  • Military service: as used in this article means active service in the land or naval forces of the United States, but the service of an individual in any reserve component of the land or naval forces of the United States who is ordered to active duty in any such force for a period of 30 days or less shall not be deemed active service in that force during that period. See California Unemployment Insurance Code 2766
  • Mine: means any excavation or opening above or below ground used for removal of ore, minerals, gravel, sand, rock, or other materials intended for manufacturing or sale. See California Labor Code 7951
  • Minor: means any natural person under 18 years of age. See California Penal Code 313
  • month: means a calendar month, unless otherwise expressed. See California Penal Code 7
  • Muck: means excavated dirt, rock, or other material. See California Labor Code 7951
  • neglect: means the negligent treatment or the maltreatment of a child by a person responsible for the child's welfare under circumstances indicating harm or threatened harm to the child's health or welfare. See California Penal Code 11165.2
  • newspaper: means a newspaper of general circulation. See California Revenue and Taxation Code 36.5
  • Oath: includes affirmation and written certification or declaration subscribed to be true under penalty of perjury. See California Unemployment Insurance Code 16
  • Obscene live conduct: means any physical human body activity, whether performed or engaged in alone or with other persons, including but not limited to singing, speaking, dancing, acting, simulating, or pantomiming, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest and is conduct that, taken as a whole, depicts or describes sexual conduct in a patently offensive way and that, taken as a whole, lacks serious literary, artistic, political, or scientific value. See California Penal Code 311
  • Obscene matter: means matter, taken as a whole, that to the average person, applying contemporary statewide standards, appeals to the prurient interest, that, taken as a whole, depicts or describes sexual conduct in a patently offensive way, and that, taken as a whole, lacks serious literary, artistic, political, or scientific value. See California Penal Code 311
  • owned: includes (1) the interest of a vendee in possession under a land sale contract provided that the contract or memorandum thereof is recorded and only from the date of recordation of the contract or memorandum thereof in the office of the county recorder where the residential dwelling is located, (2) the interest of the holder of a life estate provided that the instrument creating the life estate is recorded and only from the date of recordation of the instrument creating the life estate in the office of the county recorder where the residential dwelling is located, but "owned" does not include the interest of the holder of any remainder interest or the holder of a reversionary interest in the residential dwelling, (3) the interest of a joint tenant or a tenant in common in the residential dwelling or the interest of a tenant where title is held in tenancy by the entirety or a community property interest where title is held as community property, and (4) the interest, including the interest of a beneficiary of a special needs trust, in the residential dwelling in which the title is held in trust, as described in subdivision (d) of Section 62, provided that the Controller determines that the state's interest is adequately protected. See California Revenue and Taxation Code 20583
  • partnership: shall include limited liability company, registered limited liability partnership, and foreign limited liability partnership, except where the context or the specific provisions of this division otherwise require. See California Revenue and Taxation Code 28.5
  • peace officer: signify any one of the officers mentioned in Chapter 4. See California Penal Code 7
  • Permissible equipment: means equipment tested and approved by the U. See California Labor Code 7951
  • Person: means any individual, partnership, firm, association, corporation, limited liability company, or other legal entity. See California Penal Code 313
  • Person: means any person, association, organization, partnership, business trust, limited liability company, or corporation. See California Labor Code 18
  • person: includes a corporation as well as a natural person. See California Penal Code 7
  • Person: includes any person, firm, partnership, general partner of a partnership, limited liability company, registered limited liability partnership, foreign limited liability partnership, association, corporation, company, syndicate, estate, trust, business trust, or organization of any kind. See California Revenue and Taxation Code 19
  • Person: as used in this article , means individuals, corporations, associations, partnerships, limited liability companies, trustees, lessees, agents and assignees. See California Penal Code 11207
  • Person: as used in this article means individuals, corporations, associations, partnerships, limited liability companies, trustees, lessees, agents and assignees. See California Penal Code 11234
  • person: includes this State and any county, city and county, municipality, district or other political subdivision thereof. See California Unemployment Insurance Code 1758
  • Person: means any individual, partnership, firm, association, corporation, limited liability company, or other legal entity. See California Penal Code 311
  • personal property: include money, goods, chattels, things in action, and evidences of debt. See California Penal Code 7
  • property: includes both real and personal property. See California Penal Code 7
  • Residential dwelling: means a dwelling occupied as the principal place of residence of the claimant and so much of the land surrounding it as is reasonably necessary for use of the dwelling as a home, owned by the claimant, the claimant and spouse, or by the claimant and either another individual eligible for postponement under this chapter or an individual described in subdivision (a), (b), or (c) of Section 20511 and located in this state. See California Revenue and Taxation Code 20583
  • Risk-adjusted outcomes: means the clinical outcomes of patients grouped by diagnoses or procedures that have been adjusted for demographic and clinical factors. See California Health and Safety Code 128700
  • seal: includes an impression of such seal upon the paper alone, or upon any substance attached to the paper capable of receiving a visible impression. See California Penal Code 7
  • Secretary: means the Secretary of Labor and Workforce Development. See California Labor Code 19.5
  • Severe neglect: means the negligent failure of a person having the care or custody of a child to protect the child from severe malnutrition or medically diagnosed nonorganic failure to thrive. See California Penal Code 11165.2
  • sexual abuse: means sexual assault or sexual exploitation as defined by the following:

    California Penal Code 11165.1

  • sexual assault: includes , but is not limited to, all of the following:

    California Penal Code 11165.1

  • Sexual exploitation: refers to any of the following:

    California Penal Code 11165.1

  • spouse: includes "registered domestic partner" as required by §. See California Penal Code 7
  • Spouse: includes "registered domestic partner" as required by §. See California Revenue and Taxation Code 12.2
  • Spouse: includes "registered domestic partner" as required by §. See California Unemployment Insurance Code 11.2
  • Spouse: includes "registered domestic partner" as required by §. See California Health and Safety Code 12.2
  • Standards board: means the Occupational Safety and Health Standards Board, within the department. See California Labor Code 6302
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
  • state agency: shall include any state board, commission, bureau, or division created pursuant to the provisions of the Business and Professions Code, the Education Code, or the Chiropractic Initiative Act to license and regulate individuals who engage in certain businesses and professions. See California Penal Code 23
  • Subdivision: means a subdivision of the section in which that term occurs unless some other section is expressly mentioned. See California Water Code 10
  • Substantiated report: means a report that is determined by the investigator who conducted the investigation to constitute child abuse or neglect, as defined in Section 11165. See California Penal Code 11165.12
  • Trainee: as used in this article means an individual who entered military service after April 1, 1940, and who continued such service for not less than 90 consecutive days. See California Unemployment Insurance Code 2767
  • Tunnel: means an underground passageway, excavated by men and equipment working below the earth's surface, that provides a subterranean route along which men, equipment, or substances can move. See California Labor Code 7951
  • Underground mine: means a mine that consists of a subterranean excavation. See California Labor Code 7951
  • unlawful corporal punishment or injury: means a situation where any person willfully inflicts upon any child any cruel or inhuman corporal punishment or injury resulting in a traumatic condition. See California Penal Code 11165.4
  • vessel: means a vessel as defined in subdivision (c) of §. See California Penal Code 7
  • Violation: includes a failure to comply with any requirement of the code. See California Labor Code 22
  • will: includes codicil. See California Penal Code 7
  • willful harming or injuring of a child or the endangering of the person or health of a child: means a situation in which any person willfully causes or permits any child to suffer, or inflicts thereon, unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of the child to be placed in a situation in which his or her person or health is endangered. See California Penal Code 11165.3
  • willfully: when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. See California Penal Code 7
  • writ: signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word "process" a writ or summons issued in the course of judicial proceedings. See California Penal Code 7