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California Penal Code Section 415.5

Legal Research Home > California Lawyer > Penal Code > California Penal Code Section 415.5

(a) Any person who (1) unlawfully fights within any building
or upon the grounds of any school, community college, university, or
state university  or challenges another person within any building
or upon the grounds to fight,  or (2) maliciously and willfully
disturbs another person within any of these buildings or upon the
grounds by loud and unreasonable noise, or (3) uses offensive words
within any of these buildings or upon the grounds which are
inherently likely to provoke an immediate violent reaction is guilty
of a misdemeanor  punishable by a fine not exceeding four hundred
dollars ($400) or by imprisonment in the county jail for a period of
not more than 90 days, or both.
   (b) If the defendant has been previously convicted once of a
violation of this section or of any offense defined in Chapter 1
(commencing with Section 626) of Title 15 of Part 1, the defendant
shall be sentenced to imprisonment in the county jail for a period of
not less than 10 days or more than six months, or by both that
imprisonment and a fine of not exceeding one thousand dollars
($1,000), and shall not be released on probation, parole, or any
other basis until not less than 10 days of imprisonment has been
served.
   (c) If the defendant has been previously convicted two or more
times of a violation of this section or of any offense defined in
Chapter 1 (commencing with Section 626) of Title 15 of Part 1, the
defendant shall be sentenced to imprisonment in the county jail for a
period of not less than 90 days or more than six months, or by both
that imprisonment and a fine of not exceeding one thousand dollars
($1,000), and shall not be released on probation, parole, or any
other basis until not less  than 90 days of imprisonment has been
served.
   (d) For the purpose of determining the penalty to be imposed
pursuant to this  section, the court may consider a written report
from the Department of Justice containing information from its
records showing prior convictions; and the communication is prima
facie evidence of such convictions, if the defendant admits them,
regardless of whether or not the complaint commencing the proceedings
has alleged prior convictions.
   (e) As used in this section "state university," "university,"
"community college,"  and "school" have the same meaning as these
terms are given in Section 626.
   (f) This section shall not apply to any person who is a registered
student of  the school, or to any person who is engaged in any
otherwise lawful employee concerted activity.

Last modified: January 12, 2009