HS 120275 - Violating a Quarantine Order in California
Is It Against the Law to Violate a Quarantine Order in California?
Health and Safety Code 120275:
This statute makes it a crime to violate a quarantine order placed due to a communicable disease or infection. This law directly applies to the current COVID-19 pandemic and stay-at-home orders passed by many leaders of the states. Any person who, after notice, violates, or who, upon the demand of any health officer refuses or neglects to conform to, any rule, order, or regulation prescribed by the department respecting a quarantine of disinfection of persons, animals, thing, or places, is guilty of a misdemeanor.
What Are the Penalties for Violating a Quarantine Order?
Violating HS 120275 is a misdemeanor as opposed to an infraction or felony. May result in:
- Fine up to $1000
- Up to a 6-month sentence in county jail or
- Misdemeanor probation granted by a judge.
In order to be convicted for violating this health and safety code, a prosecutor must prove that the defendant had notice of an order or rule regarding the quarantine from an infectious disease and that they wilfully disregarded the order. The purpose of quarantine is to achieve a certain level of disinfection. Under 120275, “disinfection” can include people, animals, things, or places.
What Should You Do If You Are Charged With Violating HS 120275?
If you have been accused of violating a quarantine order, it is important to seek legal counsel as soon as possible. Although the law classifies the violation as a misdemeanor, it can lead to serious consequences. For example:
First. A criminal record under this article remains on the database. Even if the punishment is limited to a fine or probation. But it can be expunged later, and the mere presence of the record can affect getting a job or renting an apartment. Second. Although a violation of HS 120275 does not result in deportation, in certain cases it may be grounds for denial of entry into the United States. It may also be grounds for denial of visa renewal. This is especially important for international students, visa workers, and those seeking citizenship. Third. A conviction under this article may affect the right to own firearms. In some cases, especially repeat offenders, additional restrictions may be imposed.
Therefore, even if the charge seems minor, the consequences can be significant. It is important not to ignore the situation and not to try to understand the law on your own. On the contrary, it is necessary to consult with an attorney who will help you determine a defense strategy based on all the circumstances. KAASS LAW is ready to protect your rights and minimize possible consequences.
Is There Defense Against a Violation of Quarantine?
Anytime an order of quarantine is placed in effect, people’s constitutional rights are always brought into question. Depending on the reason for violating a quarantine, the misdemeanor charge could violate a number of constitutional rights.
- Violation of your to freely associate.
- Violation of your right to exercise religion
- Violation of your right to travel across states
Another possible defense would be the “necessity” defense. The defendant violated the quarantine due to a necessity like going to the hospital, going to the grocery store, being an essential worker and overall any necessary reason to break the quarantine will give grounds for defense. These circumstances may cause a judge or prosecutor to dismiss charges. A defense that may work, but is less likely to be successful is the defense of no intent. The defendant had no knowledge of the quarantine order and was not aware they were violating it. The only time a constitutional rights defense would work, is if the quarantine is due to a communicable disease. Only then is it not a violation of constitutional rights because it is an order that seeks to protect citizens.
Other Information Regarding HS 120275
- Convictions under HS 120275 may be expunged given that the defendant has paid their fines, served their sentence, or have been placed on probation.
- Convictions under HS 120275 does not have negative consequences against immigration, although sometimes in California, convictions result in deportation or denial of future entry to the U.S.
- Convictions under HS 120275 does affect the future gun rights of the defendant.
Possible Related Charges
In California, law enforcement usually doesn’t arrest someone for violating HS 120275 alone; the person typically breaks additional laws as well, such as:
- HS 120290 intentional exposure to infectious disease
- Penal Code 408 unlawful assembly, and
- Penal Code 415 disturbing the peace; which can include loud music, fighting, or loud swearing.
Are you in need of legal assistance for violating HS 120275? Get in touch with KAASS Law by calling us at (310) 943-1173 or by using the contact form below! [contact-form-7 id="5673" title="KAASS LAW Contact Form"]
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The California law that makes it unlawful to conceal a controlled substance in a fake compartment is Health and Safety Code 11366.8 HS. The crime is punishable by up to 3 years in prison and may be tried as a misdemeanor or felony. According to this law, it is unlawful for someone to:
- The ability to own or employ a fake compartment with the purpose of concealing or transporting drugs inside of it.
- In order to conceal or carry drugs inside a vehicle, create a phony compartment within or attached to the vehicle.
Any box or enclosure that is intended or created to conceal a prohibited substance is referred to as a "false compartment."
What Exactly Does It Mean to Hide Substances in a Falsified Compartment?
Regarding the use of fictitious compartments to conceal drugs, see California Health and Safety Code 11366.8. The relevant code section forbids two acts. First, a violation of Health and Safety Code 11366.8(a) includes:
- own, operate, or maintain a fake compartment
- to do so with the purpose of placing drugs therein for storage, concealment, smuggling, or transportation
Second, a violation of Health and Safety Code 11366.8(b) includes:
- create, assemble, modify, set up, or affix a fake compartment to a vehicle
- to act in such a way with the intent to transfer, smuggle, conceal, or store a banned substance therein
A "false compartment" is any box, container, space, or enclosure contain or built to conceal any drug inside of it. However, a "vehicle" may be personal or professional in nature. Common vehicles include, for instance: vehicles such as automobiles, trucks, buses, airplanes, boats, ships, and yachts.
Does Health and Safety Code 11366.8 HS Have Any Defenses?
A suspect of hiding drugs in a false compartment may contest the accusation by raising a legal defense. A charge is frequently withdrawn or decreased as a result of a successful defense. Please be aware, however, that in order to mount the strongest defense possible, a defendant must hire representation. Three typical countermeasures against HSC 11366.8 allegations include:
- forced admission
- entrapment
- no intention
What Penalties Apply?
A wobbler is a person who hides narcotics in a false compartment; as a result, the offense is punishable as either a misdemeanor or a felony. Overall an individual who breaches Health and Safety Code 11366.8(a) may get a maximum penalty of one year in the county jail. According to Health and Safety Code 11366.8(b), the following offenses may result in a sentence of incarceration in the county jail:
- 15 months
- two, three, or more years
Please be aware that a judge may impose criminal probation instead of jail time. This kind of probation is also referred to as "summary" or "informal" probation.
Similar Offenses
The hiding of drugs in a phony compartment is a criminal in three different ways. Which are: HSC 11351, HSC 11366, HSC 11379.
Possession of a controlled substance with intent to sell - HSC 11351
California Health and Safety Code 11351 HS forbids the possession of some illegal substances with the aim to resale them. These include illicit narcotics like cocaine, heroin, and LSD. HSC 11351 also provides coverage for widely use prescription drugs like codeine, hydrocodone (Vicodin), and oxycodone (Oxycontin).
Running a drug house: HSC 11366
Operating a drug house is against California Health & Safety Code 11366 HS. "Drug houses" are any establishments that specialize in the distribution or sale of unlawful controlled narcotics. In California, operating a drug house is a wobbler offense, which means it can result in either a misdemeanor or a felony prosecution.
Drug and narcotics manufacture - HSC 11379.6
Without a license, it is illegal to produce drugs, narcotics, or restricted substances, according to California Health and Safety Code 11379.6 HS. More particularly, it forbids production. As a result, a felony accusation will be brought for violating Health and Safety Code 11379.6.
Glendale Lawyer
If you or someone you know has been guilty of a felony under California Health and Safety Code 11366.8, we encourage you to contact our attorneys for a consultation. Please feel free to give our office a call at 310.943.1171.
Being an accessory after the fact is illegal under Penal Code 32 PC. Its definition is knowingly harboring, concealing, or assisting a felon in order to keep them from being under the arrest. This is a crime that carries a maximum sentence of three years in state prison.
Who is an “Accessory After the Fact” Under Section 32 of the California Penal Code?
Under the legal regulations, accessory after the fact means the person who “harbored, concealed or aided" the person who committed the felony to assist him to escape punishment. As a result, the presence of the following factors must be present in order to understand when one can be guilty for committing this violation:
- A felony shall be committed- a person cannot be convicted in case of a misdemeanor
- The person knowingly should assist the individual who committed the crime
- The person should have the intention to protect the individual from punishment
- The assistance should be provided after the commitment of the fact
Examples of Assistance to the Perpetrator
Let’s examine the following situation. In case you hide me in your house after I come and announce that I killed my colleague and lie to the police the next day that you have not seen me, you shall violate Section 32 of the California Penal Code. Other violation will be if you hide the gun by which I shot my colleague. Thus, hiding and/or destroying evidence, concealing the criminal, providing a false alibi, or any other assistance, are examples of actions that an “accessory after the fact” can commit.
Difference Between Section 32 and Aiding or Abetting the Crime.
Aider or abettor of the crime is one who participates in the crime with the perpetrator. Let’s examine the following situation. You can aider/abettor of the crime if me and you made a pact to murder a third person and you gave me a ride and also gave me the instrument of the crime. The distinction is that you were aware of the crime and had a role to play in it. In the case of Section 32 you became aware of the murder after it had occurred and aided me afterward.
Can a Person Who Failed to Reveal the Crime Also be Considered an Accessory After the Fact?
Failure to reveal the crime generally means refusing to give any information about the crime. For example, in case you did not assist me the evening when I committed the crime of killing my colleague, and in the morning refused to tell anything about the crime to the police, this will not mean that you violated Section 32. Even if you were a witness of the crime and failed to speak about it this does not make you a perpetrator-you will be a mere bystander. Thus, while failing to provide any information has no negative implications, in order to be guilty, a person must knowingly help the criminal after the latter has violated the law.
Punishment for the Crime
A prosecutor has the option of charging the accessory after the fact with either a felony or a misdemeanor. Depending on the details of the case and the individual's criminal background. In both circumstances, the maximum penalties is $5,000. If the violation is a crime, you can spend up to three years in state prison. If you commit a misdemeanor, you can spend up to a year in a country jail.
Glendale Attorneys
In case you or your friend have been convicted for violation of the above mentioned legal regulations, then you may be entitled to compensation. Contact our Glendale personal injury lawyer today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
Fortunately, to qualify as a criminal annoying communication, a phone call, text message, or other communication must be more than just annoying. It must use filthy language or make threats, or it must be part of a series of harassing phone calls. The bad news is that determining what form of vulgar language or threats might lead to criminal liability for irritating phone calls is not always easy. The courts in California are still attempting to figure this out as well. This means that it may be difficult for someone to know whether or not what they're doing is illegal.
Penal Code 653m PC- Are Annoying Calls Prohibited by Law?
Making annoying phone calls and communicating with people is prohibited by law. Let's examine what are the criteria to define that communication is annoying;
- calls and communication shall be made by the intent to annoy
- shall contain any obscene language, or threat to injure the person, his family member, or property
- repeated communication shall have the intent to annoy or harass
We can conclude that there are several types of criminally annoying communication under the law;
- communication with the use of ‘’obscene’’ language,
- communication which involves a threat to injure,
- annoying or harassing repeated communication.
Besides the above mentioned, the law also qualifies as criminal such actions as not reaching the recipient but leaving a message to call back. In this case, when the recipient calls back and the person uses obscene language or threats in the phone conversation, this will be qualified as a violation under section 653m.
How to Distinguish Between a Simple Joke and the Use of Obscene Language or Threatening?
The most important element to criminalize the action is the presence of intent. This means that the person using this language or threatening shall have an intent to annoy or harass the recipient of the communication. For example, in case 2 friends in their usual conversations use “obscene” language. They argue, and after that one of them calls and texts again using this language. The other friend cannot claim that the use of obscene language, which has always been a usual element in their conversations, had the intent to harass him. Let’s also examine another situation. In case me and you have a common best friend and once we make a joke of calling and threatening to kill her the dog, and after several days we tell her about this joke, this will not be qualified as annoying calls and violation of the relevant section, as, there is no intent to annoy or harass our best friend.
How to Distinguish Between Business Calls and Annoying Repeated Communication?
The answer is again- the intent. For example, if every week you receive a call from an insurance company offering their new health insurance package, you cannot sue them for making annoying calls as they do not have the intent to annoy or harass you. Calling potential customers is their usual course of business.
What are the Legal Consequences for Violation of the Section?
Violation of section 653m is considered a misdemeanor. The punishment for such violation can be a conviction of up to six months in a country jail or a penalty in the amount of up to 1000 dollars. The defendant may also be sentenced to misdemeanor probation. As defense tools, it is possible to claim that the intent of communication was not to annoy or harass the person. Moreover, it is also possible to claim that the language was not really "obscene". Don't forget that anyone has a right to freedom of speech by the Constitution. Thus, sometimes, qualification of the communication as having "obscene" language can violate the constitutional right of a person.
Glendale Attorneys
Contact our Glendale attorney today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.
