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California Penal Code Section 538c

Legal Research Home > California Lawyer > Penal Code > California Penal Code Section 538c

(a) Except as provided in subdivision (c), any person who
attaches or inserts an unauthorized advertisement in a newspaper,
whether alone or in concert with another, and who redistributes it to
the public or who has the intent to redistribute it to the public,
is guilty of the crime of theft of advertising services which shall
be punishable as a misdemeanor.
   (b) As used in this section:
   (1) "Unauthorized advertisement" means any form of representation
or communication, including any handbill, newsletter, pamphlet, or
notice that contains any letters, words, or pictorial representation
that is attached to or inserted in a newspaper without a contractual
agreement between the publisher and an advertiser.
   (2) "Newspaper" includes any newspaper, magazine, periodical, or
other tangible publication, whether offered for retail sale or
distributed without charge.
   (c) This section does not apply if the publisher or authorized
distributor of the newspaper consents to the attachment or insertion
of the advertisement.
   (d) This section does not apply to a newspaper distributor who is
directed to insert an unauthorized advertisement by a person or
company supplying the newspapers, and who is not aware that the
advertisement is unauthorized.
   (e) A conviction under this section shall not constitute a
conviction for petty theft.

Last modified: January 12, 2009