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California Penal Code Section 11142

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SFVictim

Junior Member
Is California Penal Code Section 11142 Enforceable in Aother State

What is the name of your state (only U.S. law)? CA

Is it illegal for someone out of CA to release information, which is prohibited from furnishing in CA, to public in other state?
 
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CdwJava

Senior Member
What is the name of your state (only U.S. law)? CA

Is it illegal for someone out of CA to release information, which is prohibited from furnishing in CA, to public in other state?
That depends on how it was furnished and by whom. All 11142 prohibits is the unlawful release of a state CRIMINAL HISTORY information to unauthorized parties (in ANY state). If I furnished your criminal history to someone in another state who did not have a lawful right to receive that information, I could be prosecuted.

Likewise, the state could bring a misdemeanor charge against a person who received it. They might not actively pursue the person in the other state, but they could.

Perhaps you would care to explain some of the details?
 

SFVictim

Junior Member
That depends on how it was furnished and by whom. All 11142 prohibits is the unlawful release of a state CRIMINAL HISTORY information to unauthorized parties (in ANY state). If I furnished your criminal history to someone in another state who did not have a lawful right to receive that information, I could be prosecuted.

Likewise, the state could bring a misdemeanor charge against a person who received it. They might not actively pursue the person in the other state, but they could.

Perhaps you would care to explain some of the details?
Well, the alleged victim is trying to release my detention record (DA dismissed the case without court involved) to public in another state.
 

CdwJava

Senior Member
Well, the alleged victim is trying to release my detention record (DA dismissed the case without court involved) to public in another state.
What detention record? And how did he or she obtain it?

If it is not from a state criminal history record, or, if the victim is not a "person authorized by law to receive a record" (i.e. a court employee, law enforcement or other authorized entity) then he or she is not committing a crime.

In other words, if this non-government or authorized employee type person came into possession of your detention records then they would not be in violation of PC 11142 to release it. Likewise, if the record is not your CA criminal history record, then it is not a crime under 11142.
 

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