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Report No. 73

Appendix 3

Extracts from The California Penal Code1

1. Sections 270 and 270A, California Penal Code.

"270. Omitting to provide child with necessaries-Misdemeanor.- A father of either legitimate or illegitimate minor child who wilfully omits without lawful excuse to furnish necessary clothing, food, shelter or medical attendance or other remedial care for his child is guilty of a misdemeanor and punishable by a fine not exceeding one thousand dollars (£ 1,000) or by imprisonment in a county jail not exceeding one year or by both such fine and imprisonment. If the father, during such violation, remains out of the state for 30 days or if he fails or refuses to comply with the order of a court of competent jurisdiction requiring him to make any provision for the maintenance, support, medical treatment or other remedial care of such minor child and remains out of the state for 10 days without doing so, he is guilty of a felony." (Rest of the section is not material).

"270A. Non support of wife.- Every husband who has sufficient ability to provide for his wife's support, or who is able to earn the means of such wife's support, who wilfully abandons and leaves his wife in a destitute condition, or who refuses or neglects to provide such wife with necessary food, clothing, shelter or medical attendance, unless by her misconduct he was justified in abandoning her, is guilty of a misdemeanor".

(Stats. 1957, Chapter 1855).

Criminal Liability for failure by Husband to Pay Maintenance or Permanent Alimony certain to the Wife by the Court under Certain Enactments or Rules of Law Back

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