California Charles Howard Fairall.

Criminal law and procedure of California including the penal code of California online

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589-598 P£NAL ooDE. 592

imprisonment in the state prison not exceeding five years, or in
the county jail not exceeding one year.

Injuries to toll houses and gates.

589. Every person who maliciously injures or destroys any
toll-house or turnpike gate, is guilty of a misdemeanor.

Injuries to milestones and guide-boards.

590. Every person who maliciously removes or Injures any
mile-hoard, post, or stone, or guide-post, or any inscription on
such, erected upon any highway, is guilty of a misdemeanor.

Injuring telegraph lines.

591. Every person who maliciously takes down, removes,
injures, or obstructs any line of telegraph, or any part thereof,
or appurtenance or apparatus connected therewith, or severs
any wire thereof, is guilty of a misdemeanor.

127 Cal. 317.

Taking water from or obstructing canals.

592. Every person who shall without authority of the owner
or managing agent, and with intent to defraud, take water from
any canal, ditch, flume or reservoir used for the purpose of
holding or conveying water for manufacturing, agricultural,
mining, Irrigating or generation of power, or domestic uses, or
who shall without like authority, raise, lower or otherwise dis-
turb any gate or other apparatus thereof, used for ine control
or measurement of water, or who shall empty or place, or cause
to be emptied or placed, into any such canal, ditch, flume or
reservoir, any rubbish, fllth or obstruction to the free flow of
thjB water, is guilty of a misdemeanor. [Stats. 1899, p. 146.]

Penalty for interference with electric wires.

593. £^very person who unlawfully and maliciously takes
down, removes. Injures, interferes with, or obstructs any line
erected or maintained by proper authority for the purpose of
transmitting electricity for light, heat, or power, or any part
thereof, or any insulator or cross-arm, appurtenance or appar-
atus connected therewith, or severs or in any way interferes
with any wire, cable, or current thereof, is punishable by
Imprisonment in the state prison not exceeding five years, or
by fine not exceeding flve hundred dollars, or imprisonment in
the county jail not exceeding one year. [Stats. 1901, p. 92.]



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598 MALICIOUB INJURia&— MISCHIEF. 594-59S

TITLE XIV.
MALICIOUS MISCHIEF.

Sec. 594. Malicious mlsctilef In general, deftned.

595. Specifications In following sections not restrictive of last

section.

596. Poisoning cattle.

597. Killing, maiming, or torturing animals.

598. Killing, etc.. birds in cemeteries.

eoo. Burning buildings, etc., not the subject of arson.

601. Using gunpowder, etc., In destroying or injuring any buildiiigs.

002. Malicious Injuries to freehold.

603. Limitation upon the operations of the preceding section.

604. Injuries to standing crops.

605. Removing, defacing, or altering landmarks.

606. Destroying or injuring jails.

607. Destroying or injuring bridges, dams, etc.

608. Burning or injuring rafts. Setting adrift vessels.

609. Removing buoys and beacons.

610. Masking or removing signals, or exhibiting false lights.

611. Obstructing nwrlgable streams.

612. Depositing sawdnst, etc., in Humboldt Bay.

613. Throwing overboard ballast, or obstructing navigation.

614. Mooring vessels to buoys.

615. Injuries to signals, etc., in United Sltetes survey.

616. Destroying or tearing down notices, «c.

617. Injuring or destroying written Instrumenty .

618. Opening or publishing sealed letters. //s,

619. Disclosing contents of telegraphic message.v /•



620. Altering telegraphic messages.



'/^>



621. Opening telegrams.

622. Injuring works of art, or Improvements. '^a

623. Mutilation of books, etc., in public libraries. ' '^^^
623i. Detaining books, etc., from public libraries. /v

624. Breaking or obstructing water-pipes, etc. /V

625. Drawing water from works after they have been closed, fj .

Malicious mischief in general, defined. \

594. Every person who maliciously injures or destroys any
real or personal property not his own, in cases otherwise than
such as are specified in this code, is guilty of a misdemecmor.

Specifications in following sections not restrictive of last section.

595. The specification of the acts enumerated in the following
sections of this chapter is not intended to restrict or
qualify the interpretation of the preceding section.

Poiaoning cattle.

596. Every person who wilfully administers any poison to an
animal, the property of another, or maliciously exposes any poi-
sonous substance, with the intent that the same shall be taken
or swallowed by any such animal, is punishable by imprison-
ment in the state prison not exceeding three years, or in the
county jail not exceeding one year, and a fine not exceeding fire
hundred dollars.

81 Cal. 212.

Killing, maiming, or torturing animals.

597. Every person who maliciously kills, maims, or wounds
an animal, the property of another, or who maliciously and
cruelly beats, tortures, or injures any animal, whether belonging
to himself or another, is guilty of a misdemeanor.

Killing, etc, birds in cemeteries.

598. Every person who, within any public cemetery or bury-
Ing-ground, kills, wounds, or traps any bird, or destroys any



CRIMES - 38



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^-602 PENAL CODE. 694

\>ird's ti(bsi other than swallows' nests, or removes any eggs or
young birds from any nest, is guilty of a misdemeanor.

Burning building not subject to arson.

600. Every person who wilfully and maliciously bums any
bridge exceeding in value fifty dollars, or any structure, snow-
shed, or vessel, or boat, not the subject of arson, or any tent,
'or any stack of hay or grain or straw of any kind, or any pile of
baled hay or straw, or any pile of potatoes, or beans, or vege-
tables, or produce, or fruit of any kind, whether sacked, boxed,
crated, or not, or any growing or standing grain, grass, or tree,
or any fence, or any railroad car, lumber, cord-wood, railroad
ties, telegraph poles, or shakes, or any tule land or peat ground
of the value of twenty-five dollars or over, not the property of
such person, is punishable by imprisonment in the state prison
not less than one year, nor more than ten years. [Stats. 1901,
p. 268.]

Using gunpowder, etc., in destroying or injuring any buildings.

601. Every person who maliciously, by the explosion of gun-
];>owder or other explosive substance, destroys, throws down, or
Injures the whole or any part of any building, by means of
which the life or safety of a human being is endangered, is guilty
of felony.

Malicious injuries to freeiioid.

602. E>ery person who wilfully commits any trespass by
either:

1. Cutting down, destroying, or injuring any kind of wood
or timber standing or growing upon the lands of another; or

2. Carrying away any kind of wood or timber lying on such
lands ; or

3. Mariciously injuring or severing from the freehold of an-
other anything attached thereto, or the produce thereof; 'or

4. Digging, taking, or carrying away from any lot situated
within the limits of any Incorporated city, without the license
of the owner or legal occupant thereof, any earth, soil, or stone;
or

5. Digging, taking, or carrying away from any land In any
of the cities of the state, laid down on the map or plan of such
city, or otherwise recognized or established as a street, alley,
avenue, or park, without the license of the proper authorities,
any earth, soil, or stone: or

6. Putting up, affixing, fastening, printing, or painting upon
any property belonging to the state, or to any city, county,
town, or village, or dedicated to the public, or upon any prop-
erty of any person, without license from the owner, any notice,
advertisement, or designation of. or any name for any commod-
ity, whether for sale or otherwise, or any picture, sign, or device
intended to call attention thereto;* or

7. Entering upon any lands owned by any other person or
persons wher«)n oysters or other shellfish are planted or grow-
ing; or injuring, gathering, or carrying away any oyBters or
other shell-fish planted, growing, or being on any such lands,
whether covered by water or not, without the license of the
owner or legal occupant thereof; or destroying or removing.



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595 MALICIOUS MIBCHIBF. 603-607

or causing to be removed or destroyed, any stakes, marks,
fences, or signs intended to designate the boundaries and limits
of any such lands. Is guilty of a misdemeanor. [Amendment ap-
proved March 30, 1878; Amendments 1877-8, 118. In effect
March 30. 1878.]

112 Cal. 304.

Limitation upon the operations of the preceding section.

603. The following acts do not constitute a public offense,
within the meaning of the preceding section:

1. Gathering pitch from trees on the public lands of the state
or United States, unless the bark from such trees is removed for
more than one-eighth of their circumference, or cut made more
than three inches in depth into the wood thereof;

2. Cutting trees upon the public lands of the state or United
States, in good faith, for the purpose of manufacturing the same
into lumber or firewood, or preparing such lands for agricul-
tural or mining purposes;

— Unless such acts are committed upon swamp and overflowed,
tide, salt marsh, or school lands belonging to the state, or within
the limits of the lands granted by the United States to this
state by act of Congress of June thirteenth, eighteen hundred
and sixty-four, relating to the Yosemite Valley and Mariposa
Big Tree Grove.

Injuries to standing crops.

604. Every person who maliciously injures or destroys any
standing crops, grain, cultivated fruits or vegetables, the prop-
erty of another, in any case for which a punishment is not
otherwise prescribed by this code, is guilty of a misdemeanor.

Removing, defacing or altering landmarks.

605. Every person who either:

1. Maliciously removes any monument erected for the pur-
pose of designating any point in the boundary of any lot or
tract of land, or a place where a subaqueous telegraph cable
lies; or,

2. Maliciously defaces or alters the marks upon any such
monument; or, ^

3. Maliciously cuts down or removes any tree upon which
any such marks have been made for such purpose, with intent
to destroy such marks;

— Is guilty of a misdemeanor.

Destroying or injuring jails.

606. Every person who wilfully and intentionally breaks
down, pulls down, or otherwise destroys or injures any public
jail or other place of confinement, is punishable by fine iiot
exceeding ten thousand dollars, and by imprisonment in the
state prison not exceeding five years.

68 Cal. 435.

Destroying or injuring britiges, dams, etc.

607. Every person who wilfully and maliciously cuts, breaks,
injures, or destroys any bridge, dam, canals flltm^. aqueduct,
levee, embankment, reservoir, or other structure, erected to cre-
ate hydraulic power, or to drain or reclaim any swamp and
overflowed tide or marsh land, or to store or conduct water for
mining, manufacturing, reclamation, or agricultural purposes,
or for the supply of the inhabitants of any city or town, or any



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608t6I^ psnal ooDfi:. 596

embajikmeat iiecessary to the same, or either of them, or wil-
fully or maliciously makes, or causes to be made, any aperture
in such dam, canal, flume, aqueduct, reservoir, embankment,
levee, or structure, with intent to Injure or destroy the same;
or draws up, cuts, or injures any piles fixed in the ground for
the purpose of securing any sea-bank, or sea-walls, or any dock^
quay, or jetty, lock, or sea-wall; or who, between the first day
of October and the fifteenth day of April of each year, plows up
or loosens the soil in the bed or on the sides of any natural
watercourse or channel, without removing such soil within
twenty-four hours from such watercourse or channel; or who,
between the fifteenth day of April and the first day of October
of each year, shall plow up or loosen the soil in the bed or on
the sides of such natural watercourse or channel, and shall not
remove therefrom the soil so plowed up or loosened before the
first day of October next thereafter, is guilty of a misdemeanor,
and upon conviction, punishable by a fine not less than one hun-
dred dollars and not exceeding one thousand dollars, or by
imprisonment in the county jail not exceeding two years, or by
both; provided, that nothing in this section shall be construed
so as to in any manner prohibit any person from digging or
removing soil from any such watercourse or channel, for the
purpose of mining. [Amendment approved April 12, 1880;
Amendments 1880, 36. In effect April 12, 1880.]

57 Cal. 105.

Burning or injuring rafts. Setting adrift vessels.

608. EiVery person who wilfully and maliciously burns,
injures, or destroys any pile or raft of wood, plank, boards, or
other lumber, or any part thereof, or cuts loose or sets adrift
any such raft or part thereof, or cuts, breaks, injures, sinks, or
sets adrift any vessel, the property of another, is punishable by
fine not exceeding five hundred dollars, or by imprisonment in
the county jail not exceeding six months.

RenrH)ving buoys and beacons.

609. Every person who wilfully removes any buoy or beacon,
placed in any waters within this state by lawful authority, is
guilty of a misdemeanor.

Masking or removing signals, or exhibiting false lights.

610. Every person who unlawfully masks, alters, or removes
any light or signal, or wilfully exhibits any light or signal, with
intent to bring any vessel into danger, is punishable by impris-
onment in the state prison not less than three nor more than ten
years.

Obstructing navigable streams.

611. Every person who unlawfully obstructs the navigation
of any navigable stream, is guilty of a misdemeanor.

Depositing sawdust, etc., in Humboldt Bay.

612. Every person who throws, deposits, or permits another
in his employ to throw or deposit, any sawdust, slabs, or refuse
lumber, in any plac^ where it may be carried or fall into the
waters of Humboldt Bay, without first having constructed piers,
bulkheads, dams, or other contrivances, approved by the board
of supervisors of Humboldt County, to prevent the same from
escaping into the channels of such bay, is guilty of a misde-
meanor.



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tS7 MALtaOUS ItXBCHIEF. 613^619

Throwing overboard ballast, or olwtmetlng navlgjitioh.

613* Every person wtio, witkin the anchorage of any port,
harbor, or cove of this state, into which vessels may enter for
the purpose of receiving or dischargfftg cargo, throws over-
board from any vessel the ballast, or any part thereof, or who
otherwise places or causes to be placed in such port, harbor,
or cove, any obstructions to the navigation thereof, is guilty of
a misdemeanor.

M^oorlng veeaels to buoys.

614. EJvery person mooring any vessel to or hanging on with
a vessel to any buoy or beacon, placed by competent authority
in any navigable waters of this state, is guilty of a misde-
meanor.

Injuries to signals, etc., in United States survey.

615. Every person who wilfully injures, defaces, or removes
any signal, monument, building, or appurtenance thereto, placed,
erected, or used by persons engaged in the United States Coast
Survey, is guilty of a misdenieanor.

Destroying or tearing down notices, etc.

616. Every person who intentionally defacets, obliterates,
tears down, or destroys any copy or transcript, or extract from
or of any law of the United States or of this state, or any proc-
lamation, advertisement, or notification set up at any place in
this state, by authority of any law of the United States or of
this state, or by order of any court, before the expiration of
the time for which the same was to remain set up, is tninlsh-
able by fine not less than twenty nor more than one hundred
dollars, or by imprisonment in the county jail not more than
one month.

Injuring or destroying written instrument.

617. Eivery person who maliciously mutilates, tears, defaces,
obliterates, or destroys any written instrument, the property of
another, the false making of which would be forgery, is punish-
able by imprisonment in the state prison for not less than one
nor more than five years.

Opening or publishing sealed letters.

618. Every person who wilfully opens or reads, or causes
to be read, any sealed letter not addressed to himself, without
being authorized so to do, either by the writer of such letter or
by the person to whom it is addressed, and every person who,
without the like authority, publishes any of the contents of such
letter, knowing the same to have been unlawfully opened. Is
guilty of a misdemeanor.

Disclosing contents of telegraphic message.

619. Every person who wilfully discloses the contents of a
telegraphic 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 impris-
onment In the state prison not exceeding five years, or in the
county jail not exceeding one year, or by fine not exceeding
five thousand dollars, or by both fine and imprisonment.
[Amendment approved April 15, 1880; Amendments 1880, 38.
In effect in sixty days.]



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620-625 PENAL CODE. 598

Altering telegraphic messages.

620. Every person who wilfully alters the purport, effect, or
meaning of a telegraphic message, to the injury of another, is
punishable as provided in the preceding section.

Opening telegrams.

621. Every person not connected with any telegraph office
who, without the authority or consent of the person to whom
the same may be directed, wilfully opens any sealed envelope
Inclosing a telegraphic message and addressed to any other per-
son, with the purpose of learning the contents of such message,
or who fraudulently represents any other person and thereby
procures to be delivered to himself any telegraphic message
addressed to such other person, with the intent to use, destroy,
or detain the same from the person or persons entitled to receive
such message, is punishable as provided in section 619.

Injuring works of art, or improvements.

622. Every person, not the owner thereof, who wilfully injures,
disfigures, or destroys any monument, work of art, or useful or
ornamental improvement within the limits of any village, town,
or city, or any shade tree or ornamental plant growing therein,
whether situated upon private ground or on any street, side-
walk, or public park or place, is guilty of a misdemeanor.

Mutilation of books, etc., in public libraries.

623. Every person who maliciously cuts, tears, defaces,
breaks, or injures any book, map, chart, picture, engraving,
statue, coin, model, apparatus, or other work of literature, art,
mechanics, or object of curiosity, deposited in any public
library, gallery, museum, collection, fair, or exhibition, is guilty
of a misdemeanor. [Stats. 1901, p. 99.]

Detaining books, etc., from public libraries.

623^. Whoever wilfully detains any book, newspaper, mag-
azine, pamphlet, manuscript, or other property belonging to any
public or incorporated library, reading-room, museum or other
etducational Institution, for thirty days after notice in writing
to return the same, given after the expiration of the time which
by the rules of such institution such article or other property
may be kept, is guilty of a misdemeanor and shall be pun-
ished accordingly. [In effect sixty days from March 14, 1891
Stats. 1899, p. 97.]

Breaking or obstructing water pipes, etc.

624. Every person who wilfully breaks, digs up, obstructs, or
Injures any pipe or main for conducting gas or water, or any
works erected for supplying buildings with gas or water, or any
appurtenances or appendages therewith connected, is guilty of
a misdemeanor.

Drawing water from works after they have been closed.

625. Every person who, with intent to defraud or injure,
opens or causes to be opened, or draws water from any stop-
cock or faucet by which the flow of water is controlled, after
having been notified that the same has been closed or shut for
specific cause, by order of competent authority, is guilty of a
misdemeanor.



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699 VIOLATION OF GAHB LAWS. 626-6266

TITLE XV.

MISCELLANEOUS CRIMES.

Chapter I. Violation of the laws for the preservation of game
and fish, 626-37.
II. Of other and miscellaneous offenses, 638-5«^.

CHAPTER I.

VIOLATION OF THE LAW^S FOR THE PRESERVATION OF
GAME AND FISH.

Sec. 626. Destruction of grouse, ducks, etc., when prohibited.
626a. Doves.
6266. Nests, or eggs.
626c. Pheasants, etc.
626d. Limit of day's bag.
e26e. Female deer, etc.
626f. Male deer, close season.
626g. Squirrels.

626n. Sale or possession of deer pelts.
6261. Limit of deer that may be liilled In one season.
626J. Running or trailing deer during close season.
626k. Sale of certain ganm prohibited.
6261. Live birds and animals for certain purposes.
626m. Night-time hunting is prohibited.
^7. Trespass a misdemeanor.
627a. Transportation companies.
627b. Shipments of game must be labeled, etc.

628. Preservation of fish. Close seasons.

629. Having screens in Ashing.

631. Netting or trapping, etc., prohibited.

631a. Penalty for violations of provisions of this act.

631b. Disposition of money from fines.

a32. Trout, protection of.

634. Taking, sale, or possession of salmon, when prohibited.

635. Use of explosives and pollution of waters.

636. Setting net, trap, etc.. for fish.
636a. Nets, seines, etc.. prohibited.

637. Fishways and ladders, penalties for not keeping.
637a. Meadow-larks, protection of.

Destruction of grouse, ducks, etc., when prohibited.

626. Every person who, between the first day of February
and the first day of October of any year, hunts, pursues, takes,
kills, or destroys, or has in his possession, whether taken or
killed in the state of California, or shipped into the state from
any other state, territory, or foreign country, any quail, part-
ridge, grouse, or sage hen, or any kind of wild duck, or any
rail, or any curlew, ibis, or plover, is guilty of a misdemeanor.
[Stats. 1901, p. 819.]

103 Cal. 479:

Doves.

626a. Every person who. between the first day of February
and the first day of August of the same year, hunts, pursues^
takes, kills, or destroys, or has in his possession any dove, is
guilty of a misdemeanor. [Stats. 1901, p. 819.]

Nests, or eggs.

62Qb. Every person who destroys or has in his possession
the nest or eggs of any of the birds mentioned in this chapter,
is guilty of a misdemeanor. [Stats. 1901, p. 819.]



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Q2&C'Q26k PENAL CODB. 600

Pheasants, etc.

626c. Ehrery person who takes, kills, or destroys, or has in
his possession any Mongolian or EInglish pheasant, or any bob-
white, or eastern or Chinese quail, or E2nglish partridge, is guilty
of a misdemeanor. [Stats. 1901, p. 819.]

Limit of day's bag.

626d. Elvery person who, during any one calendar day, takes,
kills, or destroys, or has in his possession, more than twenty-
flve quail, partridge, snipe, curlew, or ibis, or more than fifty
doves, or more than fifty ducks, or more than twenty rails, is
guilty of a misdemeanor. [Stats. 1901, p. 820.]

Female deer, etc*

626e. Every person who pursues, takes, kills, or destroys, or
has in his possession, any female deer or spotted fawn, or any
antelope, elk, or mountain sheep, is guilty of a misdemeanor.
[Stats. 1901, p. 820.]

Male deer, close season.

626f. Every person who, between the first day of October of
any year and the first day of August of the following year,
hunts, pursues, takes, kills, or destroys, or has in his posses-
sion, whether taken or killed in the state of California, or
shipped into the state from any other state, territory, or for-
eign country, any male deer or any deer meat, is guilty of a
misdemeanor. [Stats. 1901, p. 820.]

Squirrels.

626g. Every person who hunts, takes, kills, or destroys, or
has in his possession, between the first day of February and
the first day of August of any year, any species of tree squir-
rel, is guilty of a misdemeanor. [Stats. 1901, p. 820.]

Sale or possession of deer pelts.

626h. Every person who buys, sells, offers or exposes for
sale, transports or carries, or has in his possession, the skin,
pelt or hide of any female deer, or spotted fawn, or any deer
hide or pelt from which the evidence of sex has been removed,
is guilty of a misdmeanor. [Stats. 1901. p. 820.]

Limit of deer that may be killed in one season.



Online LibraryCalifornia Charles Howard FairallCriminal law and procedure of California including the penal code of California → online text (page 52 of 77)