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by Borderhacker
Monday, Jul. 17, 2006 at 4:15 PM
borderhacker@newfarmcity.org
California state law provides for prosecution for destroying "standing crops"
Those who bulldozed crops at the South Central Farm may be guilty of a crime, according to the California state penal code. Section 604 of the code provides that "every person who maliciously injures or destroys any standing crops, grain, cultivated fruits or vegetables, the property of another, in any case for which a punishment is not otherwise prescribed by this Code, is guilty of a misdemeanor."
The phrase "the property of another" appears to refer not to the land but to the crops themselves at the time they were destroyed. It is undisputed that the crops were legally planted and cultivated at a time when the farmers were lawfully in possession of the land, when the 14-acre parcel in the city's warehouse district was being operated as a community farm by the Los Angeles Regional Food Bank. The question for city attorney Rocky Delgadillo and mayor Antonio Villaraigosa is whether those who later bulldozed those crops should be prosecuted under section 604.
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by johnk
Tuesday, Jul. 18, 2006 at 4:26 AM
Cutting a tree could also be a misdemeanor:
"622. Every person, not the owner thereof, who willfully injures, disfigures, or destroys any monument, work of art, or useful or ornamental improvement within the limits of any village, town, or city, or any shade tree or ornamental plant growing therein, whether situated upon private ground or on any street, sidewalk, or public park or place, is guilty of a misdemeanor."
Also note, if anyone has the idea to cut the water pipes:
"624. Every person who wilfully breaks, digs up, obstructs, or injures any pipe or main for conducting water, or any works erected for supplying buildings with water, or any appurtenances or appendages connected thereto, is guilty of a misdemeanor."
There's laws to protect religion too:
"594.3. (a) Any person who knowingly commits any act of vandalism to a church, synagogue, mosque, temple, building owned and occupied by a religious educational institution, or other place primarily used as a place of worship where religious services are regularly conducted or a cemetery is guilty of a crime punishable by imprisonment in the state prison or by imprisonment in the county jail for not exceeding one year. (b) Any person who knowingly commits any act of vandalism to a church, synagogue, mosque, temple, building owned and occupied by a religious educational institution, or other place primarily used as a place of worship where religious services are regularly conducted or a cemetery, which is shown to have been a hate crime and to have been committed for the purpose of intimidating and deterring persons from freely exercising their religious beliefs, is guilty of a felony punishable by imprisonment in the state prison. (c) For purposes of this section, "hate crime" has the same meaning as Section 422.55."
www.leginfo.ca.gov/cgi-bin/waisgate?WAISdocID=12059016012...
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by KR
Tuesday, Jul. 18, 2006 at 4:39 AM
Wow! Perry Mason would be proud, but... I think this one trumps the ones you posted...
555. It is unlawful to enter or remain upon any posted property without the written permission of the owner, tenant, or occupant in legal possession or control thereof. Every person who enters or remains upon posted property without such written permission is guilty of a separate offense for each day during any portion of which he enters or remains upon such posted property.
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by johnk
Tuesday, Jul. 18, 2006 at 5:07 AM
There are a number of laws about tresspass. The farmers left the property, and many supporters who did not leave were arrested.
Now, the law should be impartial so, it's time that the cops barge into the offices of the suspects and arrest them.
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by Borderhacker
Tuesday, Jul. 18, 2006 at 3:21 PM
borderhacker@newfarmcity.org
The operative word there is "posted". Up to the time of the bulldozing the farm property had not been posted as no trespassing as required under 554.1 PC.
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