California Penal Code 308b – (a) Except as provided in subdivision (b), every person who …
(a) Except as provided in subdivision (b), every person who knowingly delivers or causes to be delivered to any residence in this state any tobacco products unsolicited by any person residing therein is guilty of a misdemeanor.
(b) It is a defense to a violation of this section that the recipient of the tobacco products is personally known to the defendant at the time of the delivery.
Terms Used In California Penal Code 308b
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- knowingly: import s only a knowledge that the facts exist which bring the act or omission within the provisions of this code. See California Penal Code 7
- person: includes a corporation as well as a natural person. See California Penal Code 7
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
(c) The distribution of unsolicited tobacco products to residences in violation of this section is a nuisance within the meaning of § 3479 of the Civil Code.
(d) Nothing in this section shall be construed to impose any liability on any employee of the United States Postal Service for actions performed in the scope of his employment by the United States Postal Service.
(Added by Stats. 1971, Ch. 1005.)