1308
. (a) Any person is guilty of a misdemeanor and is punishable
by a fine of not less than one thousand dollars ($1,000) and not more
than five thousand dollars ($5,000), imprisonment for not exceeding
six months, or both, who, as parent, relative, guardian, employer, or
otherwise having the care, custody, or control of any minor under
the age of 16 years, exhibits, uses, or employs, or in any manner or
under any pretense, sells, apprentices, gives away, lets out, or
disposes of the minor to any person, under any name, title, or
pretense for, or who causes, procures, or encourages the minor to
engage in any of the following:
(1) Any business, exhibition, or vocation injurious to the health
or dangerous to the life or limb of the minor.
(2) The vocation, occupation, service, or purpose of singing,
playing on musical instruments, rope or wire walking, dancing,
begging, or peddling, or as a gymnast, acrobat, contortionist, or
rider, in any place whatsoever.
(3) Any obscene, indecent, or immoral purposes, exhibition, or
practice whatsoever. Notwithstanding any other provision of law, this
paragraph shall apply to a person with respect to any minor under
the age of 18 years.
(4) Any mendicant or wandering business.
Any person who willfully violates this section shall, upon
conviction, be subject to a fine of not more than ten thousand
dollars ($10,000), or to imprisonment in the county jail for not more
than six months, or both. No person shall be imprisoned under this
section, except for an offense committed after the conviction of that
person for a prior offense under this article.
(b) Nothing in this section applies to or affects any of the
following:
(1) The employment or use of any minor as a singer or musician in
any church, school, or academy, or the teaching or learning of the
science or practice of music.
(2) The employment of any minor as a musician at any concert or
other musical entertainment, or as a performer in any form of
entertainment, on the written consent of the Labor Commissioner
pursuant to Section 1308.5.
(3) The participation by any minor of any age, whether or not the
minor receives payment for his or her services or receives money
prizes, in any horseback riding exhibition, contest, or event other
than a rough stock rodeo event, circus, or race. As used in this
paragraph, "rough stock rodeo event" means any rodeo event operated
for profit or operated by other than a nonprofit organization in
which unbroken, little-trained, or imperfectly trained animals are
ridden or handled by the participant, and shall include, but not be
limited to, saddle bronc riding, bareback riding, and bull riding. As
used in this paragraph, "race" means any speed contest between two
or more animals that are on a course at the same time and that is
operated for profit or operated other than by a nonprofit
organization.
(4) The leading of livestock by a minor in nonprofit fairs, stock
parades, livestock shows and exhibitions.