California Code, Penal Code - PEN § 454

(a) Every person who violates Section 451 or 452 during and within an area of any of the following, when proclaimed by the Governor, shall be punished by imprisonment in the state prison, as specified in subdivision (b):

(1) A state of insurrection pursuant to Section 143 of the Military and Veterans Code .

(2) A state of emergency pursuant to Section 8625 of the Government Code .

(b) Any person who is described in subdivision (a) and who violates subdivision (a) , (b) , or (c) of Section 451 shall be punished by imprisonment in the state prison for five, seven, or nine years.  All other persons who are described in subdivision (a) shall be punished by imprisonment in the state prison for three, five, or seven years.

(c) Probation shall not be granted to any person who is convicted of violating this section, except in unusual cases where the interest of justice would best be served.


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