than himself, or who causes or procures any other person or persons to identify him, or to give assurance that he is any other person than himself to aid or assist him to accomplish any lewd or licentious purpose, for which no other punishment is expressly prescribed by this code, is guilty of a misdemeanor. False personation, punishment of: See ante, §§ 529, 530. Legislation § 6502. Added by Stats. 1903, p. 235. The enacting paragraph is omitted in the act adding this section, and the section itself has "Section 1" instead of the section number. § 650a. Exposure of paroled prisoners prohibited. Any person who knowingly and willfully communicates to another, either orally or in writing, any statement concerning any person then or theretofore convicted of a felony, and then either on parole or finally discharged, and which communication is made with the purpose and intent to deprive said person so convicted of employment, or to prevent him from procuring the same, or with the purpose and intent to extort from him any money or article of value; and any person who threatens to make any said communication with the purpose and intent to extort money or any article of value from said person so convicted of a felony, is guilty of misdemeanor. Legislation § 650a. Added by Stats. 1913, p. 1010. §651. Requiring wards or apprentices to work more than eight hours. Every person having a minor child under his control, either as a ward or an apprentice, who, except in vinicultural or horticultural pursuits, or in domestic or household occupations, requires such child to labor more. than eight hours in any one day, is guilty of a misdemeanor. Legislation § 651. Enacted February 14, 1872; based on Stats. 1867-68, p. 63; Stats. 1871-72, p. 951. § 652. Officer or member of national guard failing to attend parade, obey orders, or discharge duty. Every commissioned officer of the national guard who willfully fails to attend any parade or encampment, and every member of the national guard who neglects or refuses to obey the lawful command of his superior on any day of parade or encampment, or to perform such military duty as may be lawfully required of him, is punishable by a fine of not less than five nor more than one hundred dollars. Disobeying orders: Pol. Code, § 1912. Parades and drills: Pol. Code, §§ 2003-2014. § 653. Member of national guard failing to attend parade, etc., when notified. Every member of the national guard who, when duly notified, fails to appear at a parade, or who disobeys any lawful order, or who uses disrespectful language towards his superior, or who commits any act of insubordination, is guilty of a misdemeanor. Legislation § 653. Enacted February 14, 1872. § 65312. Appraisers of estates not to accept fee or reward. Any appraiser, appointed by virtue of section one thousand four hundred and forty-four of the Code of Civil Procedure, who shall accept any fees, reward, or compensation other than that provided for by law, from any executor, administrator, trustee, legatee, next of kin or heir of any decedent, or from any other person, is guilty of a misde meanor. Legislation § 6532. 1. Added by Stats. 1899, p. 35. 2. Amended by Stats. 1901, p. 479, renumbering the section 653a; unconstitutional. See note, § 5, ante. § 653a. [No section of this number.] § 653b. Abuse of school teachers. Every parent, guardian, or other person who upbraids, insults, or abuses any teacher of the public schools, in the presence or hearing of a pupil thereof, is guilty of a misdemeanor. [Amendment approved 1905; Stats. 1905, p. 658.] Abusing teacher in presence of a class, a misdemeanor: See Pol. Code, § 1867. Disturbing public schools or school meeting, a misdemeanor: See Pol. Code, § 1868. Legislation § 653b. 1. Added by Code Amdts. 1873-74, p. 435, as § 654. 2. Amendment by Stats. 1901, p. 479, merely renumbering the section 653b; unconstitutional. See note, § 5, ante. 3. Amended by Stats. 1905, p. 658, changing the number of the section from 654 to 653b, the code commissioner saying, "There were formerly in this code two sections each numbered 654. The change consists in renumbering the one approved March 30, 1874 to read § 653b." § 653c. Unlawful for state officer, agent of the state, contractor, or subcontractor, to permit workmen upon public works to work more than eight hours per day. The time of service of any laborer, workman, or mechanic employed upon any of the public works of the state of California, or of any political subdivision thereof, or upon work done for said state, or any political subdivision thereof, is hereby limited and restricted to eight hours during any one calendar day; and it shall be unlawful for any officer or agent of said state, or of any political subdivision thereof, or for any contractor or subcontractor doing work under con tract upon any public work aforesaid, who employs, or who directs or controls, the work of any laborer, workman, or mechanic, employed as herein aforesaid, to require or permit such laborer, workman, or mechanic, to labor more than eight hours during any one calendar day, except in cases. of extraordinary emergency, caused by fire, flood, or danger to life or property, or except to work upon public military or naval defenses or works in time of war. Any officer or agent of the state of California, or of any political subdivision thereof, making or awarding, as such officer or agent, any contract, the execution of which involves or may involve the employment of any laborer, workman, or mechanic upon any of the public works, or upon any work, hereinbefore mentioned, shall cause to be inserted therein a stipulation. which shall provide that the contractor to whom said contract is awarded shall forfeit, as a penalty, to the state or political subdivision in whose behalf the contract is made and awarded, ten dollars for each laborer, workman, or mechanic employed, in the execution of said contract, by him, or by any subcontractor under him, upon any of the public works, or upon any work, hereinbefore mentioned, for each calendar day during which such laborer, workman, or mechanic is required or permitted to labor more than eight hours in violation of the provisions of this act; and it shall be the duty of such officer or agent to take cognizance of all violations of the provisions of said act committed in the course of the execution of said contract, and to report the same to the representative of the state or political subdi- . vision, party to the contract, authorized to pay to said contractor moneys becoming due to him under the said contract, and said representative, when making payments of moneys thus due, shall withhold and retain therefrom all sums and amounts which shall have been forfeited pursuant to the herein said stipulation. Any officer, agent, or representative of the state of California, or of any political subdivision thereof, who shall violate any of the provisions of this section, shall be deemed guilty of misdemeanor, and shall upon conviction be punished by fine not exceeding five hundred dollars, or by imprisonment, not exceeding six months, or by both such fine and imprisonment, in the discretion of the court. Legislation § 653c. 1. Addition by Stats. 1901, p. 479, as § 653f; unconstitutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 666; the code commissioner saying, "This is a new section, codifying, word for word, the eight-hour law (Stats. 1903, p. 119)." Pen. Code-25 § 653d. Retaining wages of employee. Every person who employs laborers upon public works, and who takes, keeps, or receives for his own use any part or portion of the wages due to any such laborers from the state or municipal corporation for which such work is done, is guilty of a felony. Salary or wages, taking part of: See ante, § 74a. Legislation § 653d. 1. Addition by Stats. 1901, p. 479, as § 653g; unconstitutional. See note, § 5, ante. 2. Added by Stats. 1905, p. 667; the code commissioner saying: "This is a new section, codifying § 1 of the statute of 1871-72, p. 951, to protect wages of labor, inserting, however, the words 'for his own use,' to make same conform to intention of original act." For another section numbered 653d, added by the code commissioners in 1901, see ante, Legislation § 310. § 653e. Blacklisting of former employees prohibited. Penalty. May furnish truthful statement. Any person, firm or corporation, or officer or director of a corporation, or superintendent, manager or other agent of such person, firm or corporation who, after having discharged an employee from the service of such person, firm or corporation or after having paid off an employee voluntarily leaving such service, shall, by word, writing or any other means whatsoever, misrepresent and thereby prevent or attempt to prevent such former employee from obtaining employment with any other person, firm or corporation, shall be punished by a fine not exceeding two thousand dollars and shall be liable in treble damages to any such employee sustaining damages through a violation of this section. Any person, firm or corporation who shall knowingly cause. suffer or permit an agent, superintendent, manager or other employee in his or its employ to commit a violation of this section, or who shall fail to take all reasonable steps within his or its power to prevent such violation of this act, shall be guilty of a violation of the provisions of this section and be subject to the penalty hereinbefore provided. Nothing in this section shall be construed to prevent an employer as hereinbefore defined or an agent, employee, superintendent or manager of such employer to furnish, upon special request therefor, a truthful statement concerning the reason for the discharge of an employee or why an employee voluntarily left the service of the employer; provided, however, that if such statement shall in connection therewith furnish any mark, sign or other means whatever conveying information different from that expressed by words therein, such fact, or the fact that such statement or other means of furnishing information was given without a special request therefor, shall be prima facie evidence of a violation of the provisions of this section. Legislation § 653e. Added by Stats. 1913, p. 712. § 654. TITLE XVI. General Provisions. Acts made punishable by different provisions of this code. § 654a. False advertising prohibited. § 654b. False advertisements concerning real estate a misdemeanor. Acts punishable under foreign law. § 655. § 656. Foreign conviction or acquittal. § 660. § 661. § 662. § 663. § 664. $665. § 666. § 667. § 668. Sending letters, when deemed complete. Removal from office for violation or neglect of official duty by Omission to perform duty, when, punishable. § 669. Second term of imprisonment, when to commence. § 672. Fine may be added to imprisonment. § 673. Civil rights of convict suspended. 8 679 Values in gold coin. Coercion or compulsion of persons seeking employment a misdemeanor. § 679a. Limiting sale of convict-made goods. $ 680. Payment of wages to employees in a saloon or bar-room. § 681. Cruel punishment in prisons prohibited. § 654. Acts made punishable by different provisions of this code. An act or omission which is made punishable in different ways by different provisions of this code may be punished under either of such provisions, but in no case can it be punished under more than one; an acquittal or conviction and sentence under either one bars a prosecution for the same act or omission under any other. In the cases specified in sections six hundred and forty-eight, six hundred and sixty-seven, and six hundred and sixty-eight, the punishments therein prescribed must be substituted for those prescribed for a first offense, if the previous conviction is charged in the indictment and found by the jury. Effect of plea of guilty: See post, § 1158. Legislation § 654. Enacted February 14, 1872; based on Field's Draft, § 737, N. Y. Pen. Code, § 677. There was formerly another |