California Code, Penal Code - PEN § 594.37

(a) It is unlawful, except upon private property, for a person to engage in picketing targeted at a funeral during the time period beginning one hour prior to the funeral and ending one hour after the conclusion of the funeral.

(b) Any violation of subdivision (a) is punishable by a fine not exceeding one thousand dollars ($1,000), imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment.

(c) For purposes of this section:

(1) “Funeral” means the ceremony or memorial service held in connection with the burial or cremation of a deceased person.  “Funeral” does not mean any nonburial or noncremation activities, businesses, or services.

(2) “Picketing,” for purposes of this section only, means protest activities engaged in by any person within 300 feet of a burial site, mortuary, or place of worship.

(3) “Protest activities” includes oration, speech, use of sound amplification equipment in a manner that is intended to make or makes speech, including, but not limited to, oration audible to participants in a funeral, or similar conduct that is not part of the funeral, before an assembled group of people.

(4) “Targeted at” means directed at or toward the deceased person or the attendees of a funeral.

(d) The provisions of this section are severable.  If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

Cite this article: - California Code, Penal Code - PEN § 594.37 - last updated January 01, 2019 |

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