Penal Code § 423.3 - California Law

(a)A first violation of subdivision (c), (d), (g), or (h) of Section 423.2 is a misdemeanor, punishable by imprisonment in a county jail for a period of not more than one year, or a fine not to exceed ten thousand dollars ($10,000), or by

both that fine and imprisonment.

(b)A second or subsequent violation of subdivision (c), (d), (g), or (h) of Section 423.2 is punishable by imprisonment in a county jail for a period of not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170, or a fine not to exceed twenty-five thousand dollars ($25,000), or by both that fine and imprisonment.

(c)A first violation of subdivision (e) or (f) of Section 423.2 is a felony, punishable by imprisonment pursuant to subdivision (h) of Section 1170, or a fine not to exceed twenty-five thousand dollars ($25,000), or by both that fine and imprisonment.

(d)A first violation of subdivision (a) or (b) of Section 423.2 is a misdemeanor, punishable by imprisonment in a county jail for a period of not more than one year,

or a fine not to exceed twenty-five thousand dollars ($25,000), or by both that fine and imprisonment.

(e)A second or subsequent violation of subdivision (a), (b), (e), or (f) of Section 423.2 is a felony, punishable by imprisonment

pursuant to subdivision (h) of Section 1170, or a fine not to exceed fifty thousand dollars ($50,000), or by both that fine and imprisonment.

(f)In imposing fines pursuant to this section, the court shall consider applicable factors in aggravation and mitigation set out in Rules 4.421 and 4.423 of the California Rules of Court, and shall consider a prior violation of the federal Freedom of Access to Clinic Entrances Act of 1994 (18 U.S.C. Sec. 248), or a prior violation of a statute of another jurisdiction that would constitute a violation of Section 423.2 or of the federal Freedom of Access to Clinic Entrances Act of 1994, to be a prior violation of Section 423.2.

(g)This title establishes concurrent state jurisdiction over conduct that is also prohibited by

the federal Freedom of Access to Clinic Entrances Act of 1994 (18 U.S.C. Sec. 248), which provides for misdemeanor penalties for first violations and felony-misdemeanor penalties for second and subsequent violations. State law enforcement agencies and prosecutors shall cooperate with federal authorities in the prevention, apprehension, and prosecution of these crimes, and shall seek federal prosecutions when appropriate.

(h)No person shall be convicted under this article for conduct in violation of Section 423.2 that was done on a particular occasion where the identical conduct on that occasion was the basis for a conviction of that person under the federal Freedom of Access to Clinic Entrances Act of 1994 (18 U.S.C. Sec. 248).