Vote NO On Prop 57: List of Fake Non-Violent Crimes Part 2

Prop 57In California, the following crimes are not technically considered “violent,” so therefore, qualify as “non-serious, non-violent offense” eligible for early release in Governor Brown’s Proposition 57, the so-called Public Safety & Rehabilitation Act of 2016. Crimes with an asterisk (*) appear more than once in the categories below.
 
Terrorism-Related Crimes

  • Exploding or Attempting to Explode a Destructive Device in a Specified Place (e.g., health facility, place of worship, bookstore, library, courthouse, judge’s home, or school (Pen. Code § 11413)
  • Possessing, Manufacturing, Transferring, or Acquiring a Weapon of Mass Destruction (Pen. Code § 11418(a))
  • Possession of a Restricted, Biological Agent (Pen. Code § 11419)
  • Possession of a Destructive Device or Explosion in or Near a Specified Place, Private Habitation, or in a Public Building or Public Place (Pen. Code § 18715)
  • Possession of a Substance or Material With Intent to Make Destructive Device or Explosive (Pen. Code § 18720)
  • Carrying or Placing a Destructive Device or Explosive in a Vessel, Aircraft, Vehicle, or Baggage (Pen. Code § 18725)
  • Selling, Offering for Sale, or Transporting a Destructive Device (Pen. Code § 18730)
  • Carrying a Concealed Explosive Substance on the Person (Pen. Code § 19100)
  • Assembling or Placing a Booby Trap Device (Pen. Code § 20110(a))
  • Possession of a Device with Intent to Use it as a Booby Trap (Pen. Code § 20110(b))
  • Mingling Poison or Harmful Substance With Any Food, Drink, or Medicine; Or, Placing a Poison or Harmful Substance in a Spring, Well, or Water Supply (Pen. Code § 347(a))
  • Possession of Destructive Device (Pen. Code § 18710)
  • Exploding a Destructive Device or Explosive With Intent to Injure (Pen. Code § 18740)

Domestic Violence-Related Crimes

  • Violation of a Restraining Order Where Defendant Has a Prior Conviction Within Seven Years for Violating a Restraining Order That Involves a Credible Threat of Violence (Pen. Code § 273.6(d)*
  • Violation of a Restraining Order Within One Year of a Restraining Order Conviction That Resulted in Physical Injury to the Victim (Pen. Code § 273.6(e))*
  • Domestic Violence Resulting in a Traumatic Condition (Pen. Code § 273.5)*
  • Stalking When the Defendant Has a Prior Felony Conviction for Domestic Violence, Violation of a Restraining Order, Criminal Threats, or Stalking (Pen. Code § 646.9(c))*

Elder/Dependent Adult Abuse

  • False Imprisonment of an Elder or Dependent Adult by Violence, Menace, Fraud, or Deceit (Pen. Code § 368(f))*
  • Inflicting Physical Pain or Mental Suffering on an Elder or Dependent Adult; Or, a Caretaker Endangering the Health of an Elder or Dependent Adult (Pen. Code § 368(b)(1))*
  • Non-Caretaker Committing Theft, Embezzlement, Forgery, Fraud, or Identity Theft Against an Elder or Dependent Adult Where the Loss is Over $950 (Pen. Code § 368(d))
  • Caretaker Committing Theft, Embezzlement, Forgery, Fraud, or Identity Theft Against an Elder or Dependent Adult Where the Loss is Over $950 (Pen. Code § 368(e)

Gang-Related Crimes

  • Active Participation in a Criminal Street Gang (Pen. Code § 186.22(a))
  • Supplying, Selling, or Giving a Firearm to a Person to Commit a Gang Crime, and the Person Commits the Gang Crime and is Convicted of It (Pen. Code § 186.28)*
  • Soliciting or Recruiting Another Person to Participate in a Criminal Street Gang (Pen. Code § 219.2)
  • Carrying a Loaded Firearm on the Person or in a Vehicle Where the the Defendant Has a Prior Felony Conviction, or the Firearm is Stolen and the Defendant Knows it, or the Defendant Is an Active Participant in a Criminal Street Gang, or the Defendant Is in a Class of Person Prohibited From Possessing or Acquiring a Firearm (Pen. Code § 25850)
  • Any Felony with a Gang Enhancement Attachment (with exception of extortion and threats to victims/witnesses) (Pen. Code § 186.22(b))

Crimes Against Victims/Witnesses

  • Stalking When There Is a Temporary Restraining Order or Injunction in Place (Pen. Code § 646.9(b))
  • Stalking When the Defendant Has a Prior Felony Conviction for Domestic Violence, Violation of a Restraining Order, Criminal Threats, or Stalking (Pen. Code § 646.9(c))*
  • Convicted Sex Offender in County Jail or State Prison Revealing the Name and Address of a Sexual Assault Victim to Another Prisoner with Intent That the Victim Be Harassed (Pen. Code § 136.7)*
  • Credible Threat of Force or Violence Against a Witness or Victim of the Crime the Defendant was Convicted of (Pen. Code § 139(a))
  • Using Force or Violence Upon a Witness or Victim Because of Assistance Provided to a Law Enforcement Officer or Prosecutor (Pen. Code § 140)*
  • Violation of a Restraining Order Where Defendant Has a Prior Conviction Within Seven Years for Violating a Restraining Order That Involves a Credible Threat of Violence (Pen. Code § 273.6(d))*
  • Violation of a Restraining Order Within One Year of a Restraining Order Conviction That Resulted in Physical Injury to the Victim (Pen. Code § 273.6(e))*
  • Making a Credible Threat to Cause Serious Bodily Injury and Within 30 Days Entering the Victim’s Residence or Workplace With Intent to Carry Out the Threat (Pen. Code § 601)

 

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