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This entry was published on 2014-09-22
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SECTION 5.10
Other limitations on applicability of this chapter
Penal (PEN) CHAPTER 40, PART 1, TITLE A, ARTICLE 5
§ 5.10 Other limitations on applicability of this chapter.

1. Except as otherwise provided, the procedure governing the
accusation, prosecution, conviction and punishment of offenders and
offenses is not regulated by this chapter but by the criminal procedure
law.

2. This chapter does not affect any power conferred by law upon any
court-martial or other military authority or officer to prosecute and
punish conduct and offenders violating military codes or laws.

3. This chapter does not bar, suspend, or otherwise affect any right
or liability to damages, penalty, forfeiture or other remedy authorized
by law to be recovered or enforced in a civil action, regardless of
whether the conduct involved in such civil action constitutes an offense
defined in this chapter.

4. Sections 120.45, 120.50, 120.55, 120.60 and 240.25, subdivisions
two and three of section 240.26, and sections 240.70 and 240.71 of this
chapter (a) do not apply to conduct which is otherwise lawful under the
provisions of the National Labor Relations Act as amended, the National
Railway Labor Act as amended, or the Federal Employment Labor Management
Act as amended, and (b) do not bar any conduct, including, but not
limited to, peaceful picketing or other peaceful demonstration,
protected from legal prohibition by the federal and state constitutions.