California Assembly Bill AB1272 Amended / Bill

 BILL NUMBER: AB 1272AMENDED BILL TEXT AMENDED IN ASSEMBLY MARCH 26, 2015 INTRODUCED BY Assembly Member Grove FEBRUARY 27, 2015 An act to  amend Section 22500 of   add Section 729 to  the Business and Professions Code,  to amend Sections 6250 and 6251 of, and to add Section 6211.1 to, the Family Code, and to amend Sect   ion 836 of, and to add Section 268 to, the Penal Code,  relating to  business  developmental disabilities  . LEGISLATIVE COUNSEL'S DIGEST AB 1272, as amended, Grove.  Ticket sellers.   Persons with developmental disabilities: sexual exploitation.   (1) Existing law establishes that the crime of sexual exploitation by a physician and surgeon, psychotherapist, or alcohol and drug abuse counselor has occurred when any physician and surgeon, psychotherapist, alcohol and drug abuse counselor engages in specified sexual acts with a patient or client, or with a former patient or client, as provided.   This bill would provide that a developmental disability residential service provider is guilty of sexual exploitation when he or she engages in specified sexual acts with a person with a developmental disability who is an inpatient or resident of a treatment or care facility, unless the person is his or her spouse or domestic partner. Because this bill would create a new crime, it would impose a state-mandated local program.   (2) Existing law authorizes a judicial officer to issue an ex parte emergency protective order when a law enforcement officer has reasonable grounds to believe that a person is in immediate and present danger of domestic violence, a child is in immediate and present danger of abuse by a family or household member or may be abducted by a parent or relative, or when an elder or dependant adult is in immediate and present danger of abuse, as specified.   This bill would also authorize a judicial officer to issue an ex parte emergency protective order when a law enforcement officer has reasonable grounds to believe that a person with a developmental disability is in immediate and present danger of sexual exploitation by a developmental disability residential service provider.   (3) Existing law requires that any time a peace officer is called out on a domestic violence call, the officer make a good faith effort to inform the victim of his or her right to make a citizen's arrest, except as specified.   This bill would, among other things, also require a peace officer who receives a call alleging that a person with a developmental disability is being sexually exploited by a developmental disability residential service provider, to inform the victim of his or her right to make a citizen's arrest, except as specified. By imposting additional duties on local authorities, the bill would create a state-mandated local program.   (6) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.   Existing law requires a ticket seller to have a permanent business address that shall be included in any advertisement and from which tickets may only be sold and requires the ticket seller to be licensed as may be required by a local jurisdiction. A violation of these provisions is a crime and is subject to a civil penalty.   This bill would make a nonsubstantive change to that provision.  Vote: majority. Appropriation: no. Fiscal committee:  no   yes  . State-mandated local program:  no   yes  . THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:  SECTION 1.   Section 729 of the   Business and Professions Code   is amended to read:  729. (a)  (1)    Any physician and surgeon, psychotherapist, alcohol and drug abuse counselor or any person holding himself or herself out to be a physician and surgeon, psychotherapist, or alcohol and drug abuse counselor, who engages in an act of sexual intercourse, sodomy, oral copulation, or sexual contact with a patient or client, or with a former patient or client when the relationship was terminated primarily for the purpose of engaging in those acts,  is guilty of sexual exploitation,  unless the physician and surgeon, psychotherapist, or alcohol and drug abuse counselor has referred the patient or client to an independent and objective physician and surgeon, psychotherapist, or alcohol and drug abuse counselor recommended by a third-party physician and surgeon, psychotherapist, or alcohol and drug abuse counselor for  treatment, is guilty of sexual exploitation by a physician and surgeon, psychotherapist, or alcohol and drug abuse counselor.   treatment.   (2) Any developmental disability residential service provider who engages in an act of sexual intercourse, sodomy, oral copulation, or sexual contact with a person with a developmental disability who is an inpatient or resident of a treatment or care facility where the provider is employed or holds himself or herself out to be employed, or any former developmental disability residential service provider who engages in any of those acts with an inpatient or resident when the inpatient or resident has not been informed or does not understand that the former provider is not employed by the treatment or care facility, is guilty of sexual exploitation.  (b) Sexual exploitation by a physician and surgeon, psychotherapist,  or  alcohol and drug abuse counselor  , or a developmental disability residential service provider  is a public offense: (1) An act in violation of subdivision (a) shall be punishable by imprisonment in a county jail for a period of not more than six months, or a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (2) Multiple acts in violation of subdivision (a) with a single victim, when the offender has no prior conviction for sexual exploitation, shall be punishable by imprisonment in a county jail for a period of not more than six months, or a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (3) An act or acts in violation of subdivision (a) with two or more victims shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of 16 months, two years, or three years, and a fine not exceeding ten thousand dollars ($10,000); or the act or acts shall be punishable by imprisonment in a county jail for a period of not more than one year, or a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (4) Two or more acts in violation of subdivision (a) with a single victim, when the offender has at least one prior conviction for sexual exploitation, shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of 16 months, two years, or three years, and a fine not exceeding ten thousand dollars ($10,000); or the act or acts shall be punishable by imprisonment in a county jail for a period of not more than one year, or a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (5) An act or acts in violation of subdivision (a) with two or more victims, and the offender has at least one prior conviction for sexual exploitation, shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of 16 months, two years, or three years, and a fine not exceeding ten thousand dollars ($10,000).  For   (c)     For  purposes of subdivision (a),  in no instance shall consent of the patient or client be   consent of the alleged victim is not  a defense. However, physicians and surgeons shall not be guilty of sexual exploitation for touching any intimate part of a patient or client unless the touching is outside the scope of medical examination and treatment, or the touching is done for sexual gratification.  In addition, developmental disability residential service providers shall n   ot be guilty of sexual exploitation for touching any intimate part of an inpatient or resident unless the touching is outside the scope of his or her care or treatment responsibilities or the touching is done for sexual gratification.   (c)   (d)  For purposes of this section: (1) "Psychotherapist" has the same meaning as defined in Section 728. (2) "Alcohol and drug abuse counselor" means an individual who holds himself or herself out to be an alcohol or drug abuse professional or paraprofessional. (3) "Sexual contact" means sexual intercourse or the touching of an intimate part of a patient for the purpose of sexual arousal, gratification, or abuse. (4) "Intimate part" and "touching" have the same meanings as defined in Section 243.4 of the Penal Code.  (5) "Developmental disability" has the same meaning as defined in Section 4512 of the Welfare and Institutions Code.   (6) "Developmental disability residential service provider" means either of the following:   (A) A person who is, or holds himself or herself out to be, an employee, contractor, or volunteer of a treatment or care facility for persons with developmental disabilities and who provides treatment or care to inpatients or residents of the facility.   (B) A person who is, or holds himself or herself out to be, an owner, officer, manager, or supervisor of a treatment or care facility that provides treatment or care to inpatients or residents who are persons with developmental disabilities.   (d)   (e)  In the investigation and prosecution of a violation of this section,  no   a  person shall  not  seek to obtain disclosure of any confidential files of other patients, clients, or former patients or clients of the physician and surgeon, psychotherapist, or  alcohol and drug abuse counselor  , or developmental disability residential service provider  .  (e)   (f)   (1)    This section does not apply to sexual contact between a physician and surgeon and his or her spouse or person in an equivalent domestic relationship when that physician and surgeon provides medical treatment, other than psychotherapeutic treatment, to his or her spouse or person in an equivalent domestic relationship.  (2) This section does not apply to sexual contact between a developmental disability residential service provider and his or her spouse or person in an equivalent domestic relationship when that service provider provides care or treatment to, or is an owner, officer, manager, or supervisor of the facility that provides care or treatment to, his or her spouse or person in an equivalent domestic relationship.   (f)   (g)  If a physician and surgeon, psychotherapist,  or  alcohol and drug abuse counselor  ,   or developmental disability residential service provider  in a professional partnership or similar group has sexual contact with a patient  , client, o   r resident  in violation of this section, another physician and surgeon, psychotherapist,  or  alcohol and drug abuse counselor  , or developmental disability residential service provider  in the partnership or group shall not be subject to action under this section solely because of the occurrence of that sexual contact.  (h) This section does not preclude arrest, prosecution, or conviction of any person under any other law.   (i) This section and Section 268 of the Penal Code are substantially identical. It is the intent of Legislature that this section and Section 268 of the Penal Code remain substantially identical following any future amendments.   SEC. 2.   Section 6211.1 is added to the   Family Code   , to read:   6211.1. Nothing in this division shall be interpreted to define as domestic violence any crimes against children, elders, dependent adults, or persons with developmental disabilities who are not described in Section 6211.   SEC. 3.   Section 6250 of the  Family Code   is amended to read:  6250. A judicial officer may issue an ex parte emergency protective order  where   if  a law enforcement officer asserts reasonable grounds to believe any of the following: (a) That a person is in immediate and present danger of domestic violence, based on the person's allegation of a recent incident of abuse or threat of abuse by the person against whom the order is sought. (b) That a child is in immediate and present danger of abuse by a family or household member, based on an allegation of a recent incident of abuse or threat of abuse by the family or household member. (c) That a child is in immediate and present danger of being abducted by a parent or relative, based on a reasonable belief that a person has an intent to abduct the child or flee with the child from the jurisdiction or based on an allegation of a recent threat to abduct the child or flee with the child from the jurisdiction. (d) That an elder or dependent adult is in immediate and present danger of abuse as defined in Section 15610.07 of the Welfare and Institutions Code, based on an allegation of a recent incident of abuse or threat of abuse by the person against whom the order is sought, except that no emergency protective order shall be issued based solely on an allegation of financial abuse.  (e) That a person with a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code, is in immediate and present danger of sexual exploitation by a developmental disability residential service provider, as described in Section 729 of the Business and Professions Code and Section 268 of the Penal Code.   SEC. 4.   Section 6251 of the   Family Code   is amended to read:  6251. An emergency protective order may be issued only if the judicial officer finds both of the following: (a) That reasonable grounds have been asserted to believe that an immediate and present danger of domestic violence exists, that a child is in immediate and present danger of abuse or abduction,  or  that an elder or dependent adult is in immediate and present danger of abuse as defined in Section 15610.07 of the Welfare and Institutions Code  , or that a person with a developmental disability is in immediate and present danger of sexual expl   oitation by a developmental disability   residential service provider as described in Section 729 of the Business and Professions Code and Section 268 of the Penal Code  . (b) That an emergency protective order is necessary to prevent the occurrence or recurrence of domestic violence, child abuse, child abduction,  or  abuse of an elder or dependent adult  , or sexual exploitation of a person with a developmental disability  .  SEC. 5.   Section 268 is added to the   Penal Code   , to read:   268. (a) (1) Any physician and surgeon, psychotherapist, alcohol and drug abuse counselor or any person holding himself or herself out to be a physician and surgeon, psychotherapist, or alcohol and drug abuse counselor, who engages in an act of sexual intercourse, sodomy, oral copulation, or sexual contact with a patient or client, or with a former patient or client when the relationship was terminated primarily for the purpose of engaging in those acts, is guilty of sexual exploitation, unless the physician and surgeon, psychotherapist, or alcohol and drug abuse counselor has referred the patient or client to an independent and objective physician and surgeon, psychotherapist, or alcohol and drug abuse counselor recommended by a third-party physician and surgeon, psychotherapist, or alcohol and drug abuse counselor for treatment. (2) Any developmental disability residential service provider who engages in an act of sexual intercourse, sodomy, oral copulation, or sexual contact with a person with a developmental disability who is an inpatient or resident of a treatment or care facility where the provider is employed or holds himself or herself out to be employed, or any former developmental disability residential service provider who engages in any of those acts with an inpatient or resident when the inpatient or resident has not been informed or does not understand that the former provider is not employed by the treatment or care facility, is guilty of sexual exploitation. (b) Sexual exploitation by a physician and surgeon, psychotherapist, alcohol and drug abuse counselor, or a developmental disability residential service provider is a public offense: (1) An act in violation of subdivision (a) shall be punishable by imprisonment in a county jail for a period of not more than six months, or a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (2) Multiple acts in violation of subdivision (a) with a single victim, when the offender has no prior conviction for sexual exploitation, shall be punishable by imprisonment in a county jail for a period of not more than six months, or a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (3) An act or acts in violation of subdivision (a) with two or more victims shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of 16 months, two years, or three years, and a fine not exceeding ten thousand dollars ($10,000); or the act or acts shall be punishable by imprisonment in a county jail for a period of not more than one year, or a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (4) Two or more acts in violation of subdivision (a) with a single victim, when the offender has at least one prior conviction for sexual exploitation, shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of 16 months, two years, or three years, and a fine not exceeding ten thousand dollars ($10,000); or the act or acts shall be punishable by imprisonment in a county jail for a period of not more than one year, or a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (5) An act or acts in violation of subdivision (a) with two or more victims, and the offender has at least one prior conviction for sexual exploitation, shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for a period of 16 months, two years, or three years, and a fine not exceeding ten thousand dollars ($10,000). (c) For purposes of subdivision (a), consent of the alleged victim is not a defense. However, physicians and surgeons shall not be guilty of sexual exploitation for touching any intimate part of a patient or client unless the touching is outside the scope of medical examination and treatment, or the touching is done for sexual gratification. In addition, developmental disability residential service providers shall not be guilty of sexual exploitation for touching any intimate part of an inpatient or resident unless the touching is outside the scope of his or her care or treatment responsibilities or the touching is done for sexual gratification. (d) For purposes of this section: (1) "Psychotherapist" has the same meaning as defined in Section 728 of the Business Professions Code. (2) "Alcohol and drug abuse counselor" means an individual who holds himself or herself out to be an alcohol or drug abuse professional or paraprofessional. (3) "Sexual contact" means sexual intercourse or the touching of an intimate part of a patient for the purpose of sexual arousal, gratification, or abuse. (4) "Intimate part" and "touching" have the same meanings as defined in Section 243.4. (5) "Developmental disability" has the same meaning as defined in Section 4512 of the Welfare and Institutions Code. (6) "Developmental disability residential service provider" means either of the following: (A) A person who is, or holds himself or herself out to be, an employee, contractor, or volunteer of a treatment or care facility for persons with developmental disabilities who provides treatment or care to inpatients or residents of the facility. (B) A person who is, or holds himself or herself out to be, an owner, officer, manager, or supervisor of a treatment or care facility that provides treatment or care to inpatients or residents who are persons with developmental disabilities. (e) In the investigation and prosecution of a violation of this section, a person shall not seek to obtain disclosure of any confidential files of other patients, clients, or former patients or clients of the physician and surgeon, psychotherapist, alcohol and drug abuse counselor, or developmental disability residential service provider. (f) (1) This section does not apply to sexual contact between a physician and surgeon and his or her spouse or person in an equivalent domestic relationship when that physician and surgeon provides medical treatment, other than psychotherapeutic treatment, to his or her spouse or person in an equivalent domestic relationship. (2) This section does not apply to sexual contact between a developmental disability residential service provider and his or her spouse or person in an equivalent domestic relationship when that service provider provides care or treatment to, or is an owner, officer, manager, or supervisor of the facility that provides care or treatment to, his or her spouse or person in an equivalent domestic relationship. (g) If a physician and surgeon, psychotherapist, alcohol and drug abuse counselor, or developmental disability residential service provider in a professional partnership or similar group has sexual contact with a patient, client, or resident in violation of this section, another physician and surgeon, psychotherapist, alcohol and drug abuse counselor, or developmental disability residential service provider in the partnership or group shall not be subject to action under this section solely because of the occurrence of that sexual contact. (h) This section does not preclude arrest, prosecution, or conviction of any person under any other law. (i) This section and Section 729 of the Business and Professions Code are substantially identical. It is the intent of Legislature that this section and Section 729 of the Business and Professions Code remain substantially identical following any future amendments.   SEC. 6.   Section 836 of the   Penal Code   is amended to read:  836. (a) A peace officer may arrest a person in obedience to a warrant, or, pursuant to the authority granted to him or her by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, without a warrant, may arrest a person whenever any of the following circumstances occur: (1) The officer has probable cause to believe that the person to be arrested has committed a public offense in the officer's presence. (2) The person arrested has committed a felony, although not in the officer's presence. (3) The officer has probable cause to believe that the person to be arrested has committed a felony, whether or not a felony, in fact, has been committed. (b)  (1)    Any time a peace officer is called out on a domestic violence call, it shall be mandatory that the officer make a good faith effort to inform the victim of his or her right to make a citizen's arrest, unless the peace officer makes an arrest for a violation of paragraph (1) of subdivision (e) of Section 243 or 273.5. This information shall include advising the victim how to safely execute the arrest.  (2) Any time a peace officer receives a call alleging a violation of Section 729 of the Business and Professions Code and Section 268 of this code, the officer shall make a good faith effort to inform the victim of his or her right to make a citizen's arrest, unless the peace officer makes an arrest. This information shall include advising the victim or other person how to safely execute the arrest. If the call was made by a person other than the victim and the victim is unable to understand the information or is unable to execute the citizen's arrest, the officer shall make a good faith effort to inform the person who made the call of his or her right to make the citizen's arrest.  (c) (1)  (A)    When a peace officer is responding to a call alleging a violation of a domestic violence protective or restraining order issued under Section 527.6 of the Code of Civil Procedure, the Family Code, Section 136.2, 646.91, or paragraph (2) of subdivision (a) of Section 1203.097 of this code, Section 213.5 or 15657.03 of the Welfare and Institutions Code, or of a domestic violence protective or restraining order issued by the court of another state, tribe, or territory and the peace officer has probable cause to believe that the person against whom the order is issued has notice of the order and has committed an act in violation of the order, the officer shall, consistent with subdivision (b) of Section 13701, make a lawful arrest of the person without a warrant and take that person into custody whether or not the violation occurred in the presence of the arresting officer. The officer shall, as soon as possible after the arrest, confirm with the appropriate authorities or the Domestic Violence Protection Order Registry maintained pursuant to Section 6380 of the Family Code that a true copy of the protective order has been registered, unless the victim provides the officer with a copy of the protective order.  (B) When a peace officer is responding to a call alleging violation of a protective or restraining order against a developmental disability residential service provider issued under Section 6250 of the Family Code, and the peace officer has probable cause to believe that the person against whom the order is issued has notice of the order and has committed an act in violation of the order, the officer shall make a lawful arrest of the person without a warrant and take that person into custody whether or not the violation occurred in the presence of the arresting officer. The officer shall, as soon as possible after the arrest, confirm with the appropriate authorities that a true copy of the protective or restraining order has been registered, unless the victim or another person provides the officer with a copy of the order.  (2) The person against whom a protective order has been issued shall be deemed to have notice of the order if the victim  or, in the case of a person with a developmental disability, another person  presents to the officer proof of service of the order, the officer confirms with the appropriate authorities that a true copy of the proof of service is on file, or the person against whom the protective order was issued was present at the protective order hearing or was informed by a peace officer of the contents of the protective order. (3) In situations where mutual protective orders have been issued under Division 10 (commencing with Section 6200) of the Family Code, liability for arrest under this subdivision applies only to those persons who are reasonably believed to have been the dominant aggressor. In those situations, prior to making an arrest under this subdivision, the peace officer shall make reasonable efforts to identify, and may arrest, the dominant aggressor involved in the incident. The dominant aggressor is the person determined to be the most significant, rather than the first, aggressor. In identifying the dominant aggressor, an officer shall consider (A) the intent of the law to protect victims of domestic violence from continuing abuse, (B) the threats creating fear of physical injury, (C) the history of domestic violence between the persons involved, and (D) whether either person involved acted in self-defense. (d)  (1)    Notwithstanding paragraph (1) of subdivision (a), if a suspect commits an assault or battery upon a current or former spouse, fianc, fiance, a current or former cohabitant as defined in Section 6209 of the Family Code, a person with whom the suspect currently is having or has previously had an engagement or dating relationship, as defined in paragraph (10) of subdivision (f) of Section 243, a person with whom the suspect has parented a child, or is presumed to have parented a child pursuant to the Uniform Parentage Act (Part 3 (commencing with Section 7600) of Division 12 of the Family Code), a child of the suspect, a child whose parentage by the suspect is the subject of an action under the Uniform Parentage Act, a child of a person in one of the above categories, any other person related to the suspect by consanguinity or affinity within the second degree, or any person who is 65 years of age or older and who is related to the suspect by blood or legal guardianship, a peace officer may arrest the suspect without a warrant where both of the following circumstances apply:  (1)   (A)  The peace officer has probable cause to believe that the person to be arrested has committed the  assault or battery,   crime,  whether or not it has in fact been committed.  (2)   (B)  The peace officer makes the arrest as soon as probable cause arises to believe that the person to be arrested has committed the  assault or battery   crime  , whether or not it has in fact been committed.  (2) If a suspect violates Section 729 of the Business and Professions Code and Section 268 of this code, a peace officer may arrest the suspect without a warrant if the conditions of subparagraphs (A) and (B) of paragraph (1) are satisfied.  (e) In addition to the authority to make an arrest without a warrant pursuant to paragraphs (1) and (3) of subdivision (a), a peace officer may, without a warrant, arrest a person for a violation of Section 25400 when all of the following apply: (1) The officer has reasonable cause to believe that the person to be arrested has committed the violation of Section 25400. (2) The violation of Section 25400 occurred within an airport, as defined in Section 21013 of the Public Utilities Code, in an area to which access is controlled by the inspection of persons and property. (3) The peace officer makes the arrest as soon as reasonable cause arises to believe that the person to be arrested has committed the violation of Section 25400.  SEC. 7.   No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.   However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.   SECTION 1.   Section 22500 of the Business and Professions Code is amended to read: 22500. (a) A ticket seller shall have a permanent business address from which tickets may only be sold and that address shall be included in any advertisement or solicitation, and shall be duly licensed as may be required by any local jurisdiction. (b) A violation of this section shall constitute a misdemeanor punishable by imprisonment in a county jail not exceeding six months, or by fine not exceeding two thousand five hundred dollars ($2,500), or by both. (c) Any person who engages, has engaged, or proposes to engage in a violation of this section shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which may be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, or a district attorney, or a city attorney of a city that has a population in excess of 750,000, and, with the consent of the district attorney, by a city prosecutor in any city, county, or city and county that has a full-time prosecutor in any court of competent jurisdiction. Payment of the civil penalty shall be made pursuant to the provisions of subdivision (b) of Section 17206. For the purposes of this section, each ticket sold or offered for sale in violation of this section shall constitute a separate violation. The remedies provided by this section are cumulative to each other and to the remedies or penalties available under all other laws of this state.