New Law | Babachanian | Legal Counsel

Is Celebrity Online Impersonation Illegal?

Sark — Mon, 14 Jan 2013 17:58:49 +0000

California Penal Code section 528.5 makes some forms of impersonation a misdemeanor punishable by ip to a year in the county jail. Take a look at the actual code section below (current when I wrote this) to see what’s illegal to do, but remember that even acts not technically violating this law might violate others so be careful!

PC 528.5. (a) Notwithstanding any other provision of law, any person who knowingly and without consent credibly impersonates another actual person through or on an Internet Web site or by other electronic means for purposes of harming, intimidating, threatening, or defrauding another person is guilty of a public offense punishable pursuant to subdivision (d).

(b) For purposes of this section, an impersonation is credible if another person would reasonably believe, or did reasonably believe, that the defendant was or is the person who was impersonated. (c) For purposes of this section, “electronic means” shall include opening an e-mail account or an account or profile on a social networking Internet Web site in another person’s name.

(d) A violation of subdivision (a) is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.

(e) In addition to any other civil remedy available, a person who suffers damage or loss by reason of a violation of subdivision (a) may bring a civil action against the violator for compensatory damages and injunctive relief or other equitable relief pursuant to paragraphs (1), (2), (4), and (5) of subdivision (e) and subdivision (g) of Section 502.

(f) This section shall not preclude prosecution under any other law.

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NTSB Recommends Ignition Interlock Devices for 1st Time DUI…

Sark — Fri, 14 Dec 2012 00:41:10 +0000

For years LA area defendants convicted of first-time DUI were free from imposition of Ignition Interlock Devices – alcohol sensing car gadgets that need a clean blow to start the car. Looks like that’s changing. At least one client is reporting to me this month that the DMV has gone ahead and required an IID as part of a pilot project. Listen to this 12-12-12 podcast from Larry Mantle’s AirTalk on 89.3 KPCC to hear different perspectives about this important topic.

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EXCEPT in LA and Some Other Cities, OK to Park at Broken Meters in California After 1-1-13

Sark — Thu, 12 Jul 2012 23:48:12 +0000

Except in Los Angeles and some other cities that exempt themselves from a state law effective January 1, 2013, it’s okay for drivers to park at broken meters. More at KTLA here. It’s different, however, in the City of Los Angeles (and perhaps other California cities). On December 5, 2012, all Los Angeles City Council members except Jan Perry voted to go around state law and continue to cite those parking at broken meters. That story by Wesley Lowery of the Los Angeles Times is here. Beware!

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