Here are the charges as of 12 days ago.
The charges were announced and are as follows:
Count 1 646. 9(a) Stalking
Count 1 646. 9(a) Stalking
Count 2 182(a)(1) Conspiracy to commit a crime
Count 3 71 Threat to employee of public educational institution
Count 4 182(a)(1) Conspiracy to commit a crime
Count 5 646. 9(a) Stalking
Count 6 182(a)(1) Conspiracy to commit a crime
Count 7 71 Threat to employee of public educational institution
Count 8 182(a)(1) Conspiracy to commit a crime
Count 9 646. 9(a) Stalking
Count 10 182(a)(1) Conspiracy to commit a crime
Enhancement: 186.
22(b)(1)(a) Criminal Street Gang
Statutes (partial – full ones are at the end)
Threat to employee of public educational institution
71.
Every person who, with intent to cause, attempts to cause, or
causes, any officer or employee of any public or private educational
institution or any public officer or employee to do, or refrain from
doing, any act in the performance of his duties, by means of a
threat, directly communicated to such person, to inflict an unlawful
injury upon any person or property, and it reasonably appears to the
recipient of the threat that such threat could be carried out, is
guilty of a public offense punishable as follows:
(1) Upon a first conviction, such person is punishable by a fine
not exceeding ten thousand dollars ($10,000), or by imprisonment in
the state prison, or in a county jail not exceeding one year, or by
both such fine and imprisonment.
As used in this section, "directly communicated" includes, but is
not limited to, a communication to the recipient of the threat by
telephone, telegraph, or letter.
Conspiracy
(a) If two or more persons conspire:
(1) To commit any crime.
Stalking
646.9.
(a) Any person who willfully, maliciously, and repeatedly
follows or willfully and maliciously harasses another person and who
makes a credible threat with the intent to place that person in
reasonable fear for his or her safety, or the safety of his or her
immediate family is guilty of the crime of stalking, punishable by
imprisonment in a county jail for not more than one year, or by a
fine of not more than one thousand dollars ($1,000), or by both that
fine and imprisonment, or by imprisonment in the state prison.
(b) Any person who violates subdivision (a) when there is a
temporary restraining order, injunction, or any other court order in
effect prohibiting the behavior described in subdivision (a) against
the same party, shall be punished by imprisonment in the state prison
for two, three, or four years.
(2) Every person who, after having been convicted of a felony
under subdivision (a), commits a violation of this section shall be
punished by imprisonment in the state prison for two, three, or five
years.
(e) For the purposes of this section, "harasses" means engages in
a knowing and willful course of conduct directed at a specific person
that seriously alarms, annoys, torments, or terrorizes the person,
and that serves no legitimate purpose.
(f) For the purposes of this section, "course of conduct" means
two or more acts occurring over a period of time, however short,
evidencing a continuity of purpose.
Constitutionally protected
activity is not included within the meaning of "course of conduct.
(g) For the purposes of this section, "credible threat" means a
verbal20or written threat, including that performed through the use of
an electronic communication device, or a threat implied by a pattern
of conduct or a combination of verbal, written, or electronically
communicated statements and conduct, made with the intent to place
the person that is the target of the threat in reasonable fear for
his or her safety or the safety of his or her family, and made with
the apparent ability to carry out the threat so as to cause the
person who is the target of the threat to reasonably fear for his or
her safety or the safety of his or her family.
It is not necessary to prove that the defendant had the intent to actually carry out the
threat.
Constitutionally protected activity is not included within the meaning of "credible
threat.
(i) This section shall not apply to conduct that occurs during labor picketing.
Enhancement: 186.
22(b)(1)(a) Criminal Street Gang
Statutes (partial – full ones are at the end)
Threat to employee of public educational institution
71.
Every person who, with intent to cause, attempts to cause, or
causes, any officer or employee of any public or private educational
institution or any public officer or employee to do, or refrain from
doing, any act in the performance of his duties, by means of a
threat, directly communicated to such person, to inflict an unlawful
injury upon any person or property, and it reasonably appears to the
recipient of the threat that such threat could be carried out, is
guilty of a public offense punishable as follows:
(1) Upon a first conviction, such person is punishable by a fine
not exceeding ten thousand dollars ($10,000), or by imprisonment in
the state prison, or in a county jail not exceeding one year, or by
both such fine and imprisonment.
As used in this section, "directly communicated" includes, but is
not limited to, a communication to the recipient of the threat by
telephone, telegraph, or letter.
Conspiracy
(a) If two or more persons conspire:
(1) To commit any crime.
Stalking
646.9.
(a) Any person who willfully, maliciously, and repeatedly
follows or willfully and maliciously harasses another person and who
makes a credible threat with the intent to place that person in
reasonable fear for his or her safety, or the safety of his or her
immediate family is guilty of the crime of stalking, punishable by
imprisonment in a county jail for not more than one year, or by a
fine of not more than one thousand dollars ($1,000), or by both that
fine and imprisonment, or by imprisonment in the state prison.
(b) Any person who violates subdivision (a) when there is a
temporary restraining order, injunction, or any other court order in
effect prohibiting the behavior described in subdivision (a) against
the same party, shall be punished by imprisonment in the state prison
for two, three, or four years.
(2) Every person who, after having been convicted of a felony
under subdivision (a), commits a violation of this section shall be
punished by imprisonment in the state prison for two, three, or five
years.
(e) For the purposes of this section, "harasses" means engages in
a knowing and willful course of conduct directed at a specific person
that seriously alarms, annoys, torments, or terrorizes the person,
and that serves no legitimate purpose.
(f) For the purposes of this section, "course of conduct" means
two or more acts occurring over a period of time, however short,
evidencing a continuity of purpose.
Constitutionally protected
activity is not included within the meaning of "course of conduct.
(g) For the purposes of this section, "credible threat" means a
verbal20or written threat, including that performed through the use of
an electronic communication device, or a threat implied by a pattern
of conduct or a combination of verbal, written, or electronically
communicated statements and conduct, made with the intent to place
the person that is the target of the threat in reasonable fear for
his or her safety or the safety of his or her family, and made with
the apparent ability to carry out the threat so as to cause the
person who is the target of the threat to reasonably fear for his or
her safety or the safety of his or her family.
It is not necessary to prove that the defendant had the intent to actually carry out the
threat.
Constitutionally protected activity is not included within the meaning of "credible
threat.
(i) This section shall not apply to conduct that occurs during labor picketing.
(BUT APPARENTLY DOES TO ANIMAL ADVOCASY PICKETING).
Sentence Enhancement Statute
186.22.
(b) (1) Except as provided in paragraphs (4) and (5), any person
who is convicted of a felony committed for the benefit of, at the
direction of, or in association with any criminal street gang, with
the specific intent to promote, further, or assist in any criminal
conduct by gang members, shall, upon conviction of that felony, in
addition and consecutive to the punishment prescribed for the felony
or attempted felony of which he or she has been convicted, be
punished as follows:
(A) Except as provided in subparagraphs (B) and (C), the person
shall be punished by an additional term of two, three, or four years
at the court's discretion.
(e) As used in this chapter, "pattern of criminal gang activity"
means the commission of, attempted commission of, conspiracy to
commit, or solicitation of, sustained juvenile petition for, or
conviction of two or more of the following offenses, provided at
least one of these offenses occurred after the effective date of this
chapter and the last of those offenses occurred within three years
after a prior offense, and the offenses were committed on separate
occasions, or by two or more persons:
(1) Assault with a deadly weapon or by means of force likely to
produce great bodily injury, as defined in Section 245.
(2) Robbery, as defined in Chapter 4 (commencing with Section 211)
of Title 8 of Part 1.
(3) Unlawful homicide or manslaughter, as defined in Chapter 1
(commencing with Section 187) of Title 8 of Part 1.
BIZARRE ISN'T IT? IS THIS NOT UNLIKE RON MASON WHO WAS CHARGED WITH FELONY ANIMAL NEGLECT FOR THE ANIMAL CRUELTY TASK FORCE TO MAKE ITS BONES?
Sentence Enhancement Statute
186.22.
(b) (1) Except as provided in paragraphs (4) and (5), any person
who is convicted of a felony committed for the benefit of, at the
direction of, or in association with any criminal street gang, with
the specific intent to promote, further, or assist in any criminal
conduct by gang members, shall, upon conviction of that felony, in
addition and consecutive to the punishment prescribed for the felony
or attempted felony of which he or she has been convicted, be
punished as follows:
(A) Except as provided in subparagraphs (B) and (C), the person
shall be punished by an additional term of two, three, or four years
at the court's discretion.
(e) As used in this chapter, "pattern of criminal gang activity"
means the commission of, attempted commission of, conspiracy to
commit, or solicitation of, sustained juvenile petition for, or
conviction of two or more of the following offenses, provided at
least one of these offenses occurred after the effective date of this
chapter and the last of those offenses occurred within three years
after a prior offense, and the offenses were committed on separate
occasions, or by two or more persons:
(1) Assault with a deadly weapon or by means of force likely to
produce great bodily injury, as defined in Section 245.
(2) Robbery, as defined in Chapter 4 (commencing with Section 211)
of Title 8 of Part 1.
(3) Unlawful homicide or manslaughter, as defined in Chapter 1
(commencing with Section 187) of Title 8 of Part 1.
BIZARRE ISN'T IT? IS THIS NOT UNLIKE RON MASON WHO WAS CHARGED WITH FELONY ANIMAL NEGLECT FOR THE ANIMAL CRUELTY TASK FORCE TO MAKE ITS BONES?
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