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.
Violating HS 120275 is a misdemeanor as opposed to an infraction or felony. May result in:
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.
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.
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.
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.
In California, law enforcement usually doesn’t arrest someone for violating HS 120275 alone; the person typically breaks additional laws as well, such as:
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"]