THE LAW SAYS...

This section of the website is given as a reference for those who may feel they have been the victim of a crime, or have received a citation, or been arrested, and are unclear as to the specifics of the law in their case. In general, crimes and public offenses include:

  1. Felonies:
    A felony is a crime which is punishable with death or by imprisonment in the state prison. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions.

  2. Misdemeanors:
    Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both.

  3. Infractions:
    An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury. A person charged with an infraction shall not be entitled to have the public defender appointed at public expense to represent him or her unless he or she is arrested and not released on his or her written promise to appear, his or her own recognizance, or a deposit of bail.


FOR INSTANCE...

Each year, thousands of crimes are reported to law enforcement in Isla Vista. What follows is a representative sample of those offenses typically responded to by Isla Vista Foot Patrol.

CALIFORNIA PENAL CODE VIOLATIONS

135 P.C. - DESTROYING EVIDENCE

DEFINITION:
Every person who, knowing that any book, paper, record, instrument in writing, or other matter or thing, is about to be produced in evidence upon any trial, inquiry, or investigation whatever, authorized by law, willfully destroys or conceals the same, with intent thereby to prevent it from being produced, is guilty of a misdemeanor.

148.9(a) P.C. - FALSE REPRESENTATION TO PEACE OFFICER

DEFINITION:
Any person who falsely represents or identifies himself or herself as another person or as a fictitious person to any peace officer listed in Section 830.1 or 830.2, upon a lawful detention or arrest of the person, either to evade the process of the court, or to evade the proper identification of the person by the investigating officer is guilty of a misdemeanor.

240 P.C. – ASSAULT

DEFINITION:
An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.

PENALTY:
An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both the fine and imprisonment. When an assault is committed against the person of a peace officer, firefighter, emergency medical technician, mobile intensive care paramedic, lifeguard, process server, traffic officer, or animal control officer in the performance of his or her duties or a physician or nurse engaged in rendering emergency care outside a hospital, clinic, or health care facility, and the person committing the offense knows, or reasonably should know that the victim is (one of those named above) engaged in the performance of his or her duties, the assault is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in the county jail not exceeding one year, or by both the fine and imprisonment.

243.4(d) (1) P.C. - SEXUAL BATTERY

DEFINITION:
Any person who touches an intimate part of another person, if the touching is against the will of the person touched, and is for the specific purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of misdemeanor sexual battery.

PENALTY:
Sexual battery is punishable by a fine not exceeding $2,000, or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.

245(a) (1) P.C. - ASSAULT WITH DEADLY WEAPON

DEFINITION:
Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm (baseball bat, knife, beer bottle) or by means of force likely to produce great bodily injury.

PENALTY:
Assault with a deadly weapon as defined above is a felony punishable by imprisonment in the state prison for two, three or four years, or in a county jail for not less than six months and not exceeding one year, or by a fine not exceeding ten thousand dollars ($10,000), or by both fine and imprisonment.

261 (a) - RAPE

DEFINITION:
Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances:

  1. Where it is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury,

  2. Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.

  3. Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph, "unconscious of the nature of the act" means incapable of resisting because the victim:
    1. Was unconscious or asleep.
    2. Was not aware, knowing, perceiving, or cognizant that the act occurred.

  4. Where a person submits under the belief that the person committing the act is the victim's spouse.

  5. Where the act is accomplished against the person's will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat.

  6. Where the act is accomplished against the victim's will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official.

PENALTY:
Rape, as defined above, is a felony punishable by imprisonment in the state prison for three, six, or eight years.

374.3(a) P.C. - UNLAWFUL DUMPING OF WASTE (URINATING IN PUBLIC)

DEFINITION:
It is unlawful to dump or cause to be dumped any waste matter in or upon any public or private highway or road, including any portion of the right-of-way thereof, or in or upon any private property into or upon which the public is admitted by easement or license, or upon any private property without the consent of the owner, or in or upon any public park or other public property other than property designated or set aside for that purpose by the governing board or body having charge of that property. Any person violating this section is guilty of an infraction.

PENALTY:
A person convicted of this violation shall be punished by a mandatory fine of not less than $100 nor more than $1,000 upon a first conviction. This violation occurs quite frequently in Isla Vista and the violators will always receive a citation. The standard fine for "Urinating in Public" is $270 for the first conviction.

374.4(a) P.C. - LITTERING

DEFINITION:
It is unlawful to litter or cause to be littered in or upon any public or private property. Any person, firm, or corporation violating this section is guilty of an infraction.

PENALTY:
A person convicted of this violation shall be punished by a mandatory fine of not less than $100 nor more than $1,000 upon a first conviction.

600. P.C. - INJURING POLICE DOGS/HORSES

DEFINITION:
Any person who willfully and maliciously and with no legal justification strikes, beats, kicks, cuts, stabs, shoots with a firearm, administers any poison or other harmful or stupefying substance to, or throws, hurls, or projects at, or places any rock, object, or other substance which is used in such a manner as to be capable of producing injury and likely to produce injury, on or in the path of, any horse being used by, or any dog under the supervision of, any peace officer in the discharge or attempted discharge of his or her duties, is guilty of a public offense.

PENALTY:
If the injury inflicted is serious the person shall be punished by imprisonment in the state prison for 16 months, two or three years, or in a county jail for not exceeding one year, or by a fine not exceeding $2,000, or by both a fine and imprisonment.

647(f) P.C.- PUBLIC INTOXICATION

DEFINITION:
Any person who is found in any public place under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, drug, controlled substance, or toluene, in such a condition that he or she is unable to exercise care for his or her own safety or the safety of others, or by reason of his or her being under the influence of intoxicating liquor, any drug, controlled substance, toluene, or any combination of any intoxicating liquor, toluene, or any combination of any intoxicating liquor, drug, or toluene, interferes with or obstructs or prevents the tree use of any street, sidewalk, or other public way.

PENALTY:
A person convicted of this offense usually spends the evening in county jail and is released with no additional fines, but possibly probation. A second conviction of public intoxication means a fine and additional time in the county jail.

853.6(i)5 P.C. - FAILURE TO PROVIDE SATISFACTORY EVIDENCE OF IDENTIFICATION

DEFINITION:
Whenever any person is arrested by a peace officer for a misdemeanor, that person shall be released according to the procedures set forth by this chapter unless a certain reason exists which would not allow the release of the arrestee. There are several reasons; however, the one specific to this section is that the person arrested could not provide satisfactory evidence of personal identification, therefore could not be released.



BUSINESS & PROFESSIONS CODE VIOLATIONS

25658 (a) B&P - FURNISH ALCOHOL TO MINOR

DEFINITION:
Every person who sells, furnishes, gives, or causes to be sold, furnished, or given away, any alcoholic beverage to any person under the age of 21 years is guilty of a misdemeanor.

PENALTY:
This violation requires a mandatory court appearance and the fine imposed will be at the discretion of the judge.

25661 B&P - POSSESSION OF FALSE ID

DEFINITION:
Any person under the age of 21 years who presents or offers to any licensee, his or her agent or employee. any written, printed, or photostatic evidence of age and identity which is false, fraudulent or not actually his or her own for the purpose of ordering, purchasing, attempting to purchase or otherwise procuring or attempting to procure, the serving of any alcoholic beverage, or who has in his or her possession any false or fraudulent written, printed, or photostatic evidence of age and identity, is guilty of a misdemeanor.

PENALTY:
The violator shall be punished by a fine of at least $250, no part of which shall be suspended. This violation requires a mandatory court appearance.

25662 B&P - MINOR IN POSSESSION OF ALCOHOL (MIP)

DEFINITION:
Any person under the age of 21 years who has any alcoholic beverage in his or her possession on any street or highway or in any public place or in any place open to the public is guilty of a misdemeanor. This is probably the most common violation occurring in Isla Vista.

PENALTY:
A person convicted of a "Minor in Possession" includes a mandatory court appearance, as well as a mandatory suspension of your drivers license for a year, up to $675 in fines, or proof of completion of the Youth Offender Program.



HEALTH & SAFETY CODE VIOLATIONS

11357(b) H&S - POSSESSION OF MARIJUANA

DEFINITION:
Except as authorized by law, every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of a misdemeanor.

PENALTY:
A person convicted of this violation shall be punished by a fine of not more than $100.

11359 H&S - POSSESSION FOR SALE

DEFINITION:
Every person who possesses for sale any marijuana, except as otherwise provided by law is guilty of a felony.

PENALTY:
Imprisonment in the state prison.

11360(a) H&S - UNLAWFUL TRANSPORTATION, IMPORTATION, SALE, OR GIFT OF MARIJUANA

DEFINITION:
Except as otherwise provided by this section or as authorized by law, every person who transports, imports into this state, sells, furnishes, administers, or gives away, or offers to transport, import into this state, sell, furnish, administer, or give away, or attempts to import into this state or transport any marijuana (is guilty of a felony).

PENALTY:
Imprisonment in the state prison for a period of two, three, or four years.

12677 H&S - POSSESSION OF DANGEROUS FIREWORKS

DEFINITION:
It is unlawful for any person to possess dangerous fireworks without holding a valid permit.

PENALTY:
Any person who violates any provision of the State Fireworks Law or Regulations is guilty of a misdemeanor punishable by a fine of not less than $500 nor more than $1,000 or by imprisonment in the county jail for up to one year, or both.

12680 H&S - FIREWORKS NEAR PEOPLE

DEFINITION:
It is unlawful for any person to place, throw, discharge or ignite, or fire dangerous fireworks at any person or group of persons where there is a likelihood of injury to any such person.

12681 H&S - SELL FIREWORKS

DEFINITION:
Any person who sells, gives, or transfers Safe and Sane fireworks at other than a fixed place of business.

PENALTY:
Any person who violates any provision of the State Fireworks Law or Regulations is guilty of a misdemeanor punishable by a fine of not less than $500 nor more than $1,000 or by imprisonment in the county jail for up to one year, or both.



SANTA BARBARA COUNTY ORDINANCES

l3A-3 Co. Ord. - POSSESSION OF DRUG PARAPHERNALIA

DEFINITION:
It is unlawful for any person to use, or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body controlled substance in violation of the Controlled Substances Act. Any person who violates this section is guilty of an infraction.

PENALTY:
A mandatory court appearance is not required; however, a fine of $108 is imposed for the first conviction.

36-2 Co. Ord. - PUBLIC CONSUMPTION OF ALCOHOL

DEFINITION:
It is unlawful for any person to drink or consume any intoxicating liquor in the unincorporated areas of the county upon any public street, public sidewalk, public highway, public parking lot or public alley.

36-3 Co. Ord. - DISPLAY OF OPEN CONTAINER

DEFINITION:
No person shall have in his or her possession on any public street or other area described in section 36-2 any bottle, can, or other receptacle containing any intoxicating liquor which has been opened, or a seal broken, or the contents of which have been partially removed.

PENALTIES:
Any violation of either 36-2 or 36-3 Co Ord is an infraction punishable by a fine of $108 with an additional fine of $125 to the VRF (Victims Relief Fund) for the first conviction.

40-2 Co. Ord. - NIGHTTIME NOISE RESTRICTIONS

DEFINITION:
It shall be unlawful within the unincorporated area of the County of Santa Barbara to make, assist in making, permit, continue, create, or cause to be made, any loud and unreasonable noise, music, percussion or other sound which is broadcast outside of any residence or building by means of any amplified musical instrument, drum, or similar device, or by means of any radio, loudspeaker, sound amplifier or phonograph, or by means of or employing any similar device which amplifies and produces, reproduces or broadcasts sound, during any of the following periods of time:

  1. the night and following morning of any Sunday, Monday, Tuesday, Wednesday, or Thursday between the hours of 10:00 p.m. of such day and 7:00 a.m. the following morning; or,
  2. the morning hours after midnight of any Friday or Saturday, between 12:00, midnight, following such day, and 7:00 a.m. the following morning.

PENALTIES:
Any person, partnership, firm, or corporation whether as principal, agent, employee or otherwise who shall violate any provision of this ordinance is guilty of an infraction. A fine of $108 will be imposed upon the first conviction.

1993-2 IVRPRD - POSSESSION OF ALCOHOL IN IV PARKS

DEFINITION:
No person shall consume any alcoholic beverage, or have in his or her possession any bottle, can, or other receptacle containing any alcoholic beverage which is open, or has a seal broken, or the contents of which have been partially removed, in or upon the properties of the Isla Vista Recreation & Park District

PENALTY:
Any person violating this ordinance is guilty of an infraction, punishable by a fine of $108 upon the first conviction.



CALIFORNIA VEHICLE CODE VIOLATIONS

23152 (a) & 23152(b) V.C. - DRIVING UNDER THE INFLUENCE

DEFINITION:

  1. It is unlawful for any person who is under the influence of any alcoholic beverage or drug, or under the combined influence of any alcoholic beverage and drug, to drive a vehicle.
  2. It is unlawful for any person who has 0.08 percent or more, by weight, of alcohol in his or her blood to drive a vehicle.

PENALTY:

A person convicted of this violation shall be punished by a mandatory court appearance and a fine of approximately $1,500. The sentence includes a mandatory suspension of driving privileges for a year and completion of AA classes. A jail term may also be part of the sentence as well as probation.

21200.5 V.C. - RIDING BICYCLE UNDER THE INFLUENCE

DEFINITION:
It is unlawful for any person to ride a bicycle upon a highway while under the influence of an alcoholic beverage or any drug, or under the combined influence of an alcoholic beverage and any drug. Any person arrested for a violation of this section may request to have a chemical test made of the person's blood, breath, or urine for the purpose of determining the alcoholic or drug content of that person's blood, and, if so requested, the arresting officer shall have the test performed.

PENALTY:
A person convicted of this violation shall be punished by a mandatory court appearance and a fine of approximately $1,300. The sentence includes a mandatory suspension of driving privileges for a year and possibly probation.

PARKING ORDINANCE
Don't leave your car parked on the street…
Santa Barbara County Ordinance Sec. 23-13.1. Parking for more than 72 consecutive hours on a public roadway--Prohibited.
No person shall park or leave standing any vehicle upon any street or highway within the county for a period of 72 or more consecutive hours. (Ord. No. 1691, § 1) Violators may be ticked and the vehicles will be removed from the street.
Note: Local tow companies charge approximately $195 - $250 for towing, plus a storage fee of $45-$110 per day, and a Santa Barbara County administration fee of $130.00. There is an additional gate fee charge, if the vehicle is retrieved after 5pm or over the weekend which ranges from $75-$110.
Common misunderstanding: Law enforcement officers cannot take the time to find you personally to ask you to move your car if it is in violation of this ordinance, even if it is parked near the address shown on the DMV registration. This section is aggressively enforced throughout the Goleta Valley, including Isla Vista.

 

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