ATTACHMENT A
PROHIBITED OFFENSES UNDER CALIFORNIA PENAL CODE
Part A
A recreation and park district shall not hire anyone for employment in a position with supervisory or disciplinary responsibility over minors (either for pay or as a volunteer) if the person has been convicted of any violation or attempted violations of Section 220, 261.5, 262, 273a, 273d, or 273.5 of the Penal Code, or any sex offense listed in Section 290 of the Penal Code, except for the offense specified in subdivision (d) of Section 243.4 of the Penal Code.
The offenses outlined in this subsection are:
220 Assault with intent to commit mayhem, rape, sodomy, oral copulation, rape in concert with another, lascivious acts upon a child, or penetration of genitals or anus with foreign object (except assault to commit mayhem)
261 Rape
261.5 Unlawful sexual intercourse with a female under age 18
262 Rape of spouse
264.1 Rape or penetration of genital or anal openings by foreign object, etc.; acting in concert by force or use of force
266 Inveiglement or enticement of unmarried female under 18 for purposes of prostitution; aiding and abetting; procuring a female for illegal intercourse by false pretenses
266c Unlawful sexual intercourse, sexual penetration, oral copulation, or sodomy; consent procured by false or fraudulent representations with intent to create fear
266h(b)Pimping a minor
266i Pandering a minor
266j Procurement of child under age 16 for lewd or lascivious acts
267 Abduction of person under 18 for purposes of prostitution
269 Aggravated sexual assault of a child
272 Causing, encouraging, or contributing to the delinquency of persons under 18 years
273a Willful cruelty or unjustifiable punishment of child; endangering life or health
273.d Corporal punishment or injury of a child
273.5 Corporal injury of spouse or cohabitant of opposite sex
285 Incest
286 Sodomy
286.5 Sexually assaulting an animal
287 Sodomy
288.5 Continuous sexual abuse of a child
288 Lewd or lascivious acts with child under 14
288a Unlawful oral copulation
288.2 Harmful matter sent with intent of seduction of minor (FELONY ONLY)
289 Genital or anal penetration with a foreign object
311.1 Sent or brought into state for sale or distribution; possessing, preparing, publishing, producing,
developing, duplicating, or printing within state; matter depicting sexual conduct by minor.
311.2 Sending, receiving, printing, exhibiting, distributing materials depicting sexual conduct by a minor
311.3 Depicting by film, photograph, videotape, etc., sexual conduct by a person under 14
311.4 Employment of a minor to perform prohibited acts
311.10 Advertising for sale or distribution of materials depicting a person under age 18 engaging in or simulating sexual conduct
311.11 Possession or control of material depicting a person under 14 engaging in or simulating sexual conduct
314 Lewd or obscene conduct, indecent exposure, obscene exhibition
647a Engaging in or lewd or dissolute conduct in a public place or in any place open to the public
647d Loitering in or about a public toilet for the purpose of engaging in or soliciting a lewd or lascivious or unlawful act
647.6 Annoying or molesting a child under 18
This section also includes anyone committed as a mentally disordered sex offender under the Welfare and Institutions Code.
Part B
A recreation and park district shall not hire (either for pay or as a volunteer) anyone for employment in a position with supervisory or disciplinary responsibility over minors if the person has been convicted of any felony or misdemeanor specified in Chapter 3 (commencing with Section 207) of Title 8 of Part 1 of the Penal Code, Section 211 or 215 (if a deadly or dangerous weapon was used, as provided in subsection (b) of Section 12022), Section 217.1 or Section 236 of the Penal Code, any offense specified in Chapter 9 (commencing with Section
240) of Title 8 of Part 1 of the Penal Code, or any offense specified in subdivision (c) of Section 667.5 of the Penal Code within ten years of the date of the employer’s request.
If the conviction for any specified felony is over ten (10) years old, then a recreation and park district shall not hire (either for pay or as a volunteer) anyone for employment in a position with supervisory or disciplinary responsibility over minors if the person has been incarcerated for the offense within ten (10) years of the date of the request.
No record of a misdemeanor conviction will be transmitted, unless the person has a total of three (3) or more misdemeanor convictions, or a combined total of three (3) or misdemeanor and felony convictions, or has been incarcerated for any violation in this section within the preceding ten (10) years.
207 – 210 (+ 12022) Kidnapping
211 (+12022) Robbery
215 (+12022) Carjacking
Section 207-210, 211 and 215 apply only if accompanied by a concurrent finding under Section 12022 that a deadly or dangerous weapon was used in the commission of the crime.
217.1 Assault on public official
236 False imprisonment
237 False imprisonment
240 Assault
241.1 Assault upon custodial officer
241.2 Assault on school property
241.3 Assault against transportation personnel or passenger
241.4 Assault on peace officer of school district
241.7 Assault against jurors
242 Battery
243.1 Battery against custodial officer in performance of duties
243.2 Battery on school property
243.3 Battery against transportation personnel or passenger
243.4 Sexual battery
243.5 Assault or battery on school property
243.6 Assault or battery on process server
243.7 Battery against jurors
244 Assault with caustic chemicals
244.5 Assault with stun gun or laser
245 Assault with deadly weapon or force likely to produce great bodily injury
244.2 Assault with deadly weapon or force likely to produce great bodily injury on transportation personnel or passenger
245.3 Assault with deadly weapon or force likely to produce great bodily injury on custodial officer
246 Shooting at inhabited dwelling house, occupied building or vehicle, or inhabited house, car or camper
247 Shooting at unoccupied aircraft or motor vehicle
247.7 Discharge of laser at aircraft
667.5 Sentencing enhancements for various crimes of violence
Public Resource Code 5164
(a) (1) A county or city or city and county or special district shall not hire a person for
employment, or hire a volunteer to perform services, at a county or city or city and county or special district operated park, playground, recreational center, or beach used for recreational purposes, in a position having supervisory or disciplinary authority over any minor, if that person has been convicted of any offense specified in paragraph (2).
(2) (A) Violations or attempted violations of Section 220, 261.5, 262, 273a, 273d, or
273.5 of the Penal Code, or any sex offense listed in Section 290 of the Penal Code, except for the offense specified in subdivision (d) of Section 243.4 of the Penal Code.
(B) Any felony or misdemeanor conviction specified in subparagraph (C) within 10 years of the date of the employer’s request.
(C) Any felony conviction that is over 10 years old, if the subject of the request was incarcerated within 10 years of the employer’s request, for a violation or attempted violation of any of the offenses specified in Chapter 3 (commencing with Section 207) of Title 8 of Part 1 of the Penal Code, Section 211 or 215 of the Penal Code, wherein it is charged and proved that the defendant personally used a deadly or dangerous weapon, as provided in subdivision (b) of Section 12022 of the Penal Code, in the commission of that offense,
Section 217.1 of the Penal Code, Section 236 of the Penal Code, any of the offenses specified in Chapter 9 (commencing with Section 240) of Title 8 of Part 1 of the Penal Code, or any of the offenses specified in subdivision (c) of Section 667.5 of the Penal Code, provided that no record of a misdemeanor conviction shall be transmitted to the requester unless the subject of the request has a total of three or more misdemeanor convictions, or a combined total of three or more misdemeanor and felony convictions, for violations listed in this section within the 10-year period immediately preceding the employer’s request or has been incarcerated for any of those convictions within the preceding 10 years.
(b) (1) To give effect to this section, a county or city or city and county or special district shall require each such prospective employee or volunteer to complete an application that inquires as to whether or not that individual has been convicted of any offense specified in subdivision (a). The county or city or city and county or special district shall screen, pursuant to Section 11105.3 of the Penal Code, any such prospective employee or volunteer, having supervisory or disciplinary authority over any minor, for that person’s criminal background.
(2) Any local agency requests for Department of Justice records pursuant to this subdivision shall include the prospective employee’s or volunteer’s fingerprints, which may be taken by the local agency, and any other data specified by the Department of Justice. The request shall be made on a form approved by the Department of Justice. No fee shall be charged to the local agency for requesting the records of a prospective volunteer pursuant to this subdivision.