The Penal Code of California forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences, among other things, in the

American American(s) may refer to: * American, something of, from, or related to the United States of America, commonly known as the "United States" or "America" ** Americans, citizens and nationals of the United States of America ** American ancestry, pe ...

state of

California California is a state in the Western United States, located along the Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the most populous U.S. state and the 3rd largest by area. It is also the m ...

. It was originally enacted in 1872 as one of the original four

California Codes The California Codes are 29 legal codes enacted by the California State Legislature, which together form the general statutory law of California. The official Codes are maintained by the California Office of Legislative Counsel for the Legislatur ...

, and has been substantially amended and revised since then. The entirety of the Penal Code is available for free a
leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=PEN

History

The Penal Code enacted by the California State Legislature in February 1872 was derived from a penal code proposed by the New York code commission in 1865 which is frequently called the Field Penal Code after the most prominent of the code commissioners,

David Dudley Field II David Dudley Field II (February 13, 1805April 13, 1894) was an American lawyer and law reformer who made major contributions to the development of American civil procedure. His greatest accomplishment was engineering the move away from common ...

(who did draft the commission's other proposed codes). The actual drafter of the New York penal code was commissioner

William Curtis Noyes William Curtis Noyes (August 19, 1805, in Schodack, New York, Schodack, Rensselaer County, New York – December 25, 1864, in New York City) was an American jurist. Biography

He began the study of law when he was 14 in the office of S ...

, a former prosecutor. New York belatedly enacted the Field Penal Code in 1881. Prior to the promulgation of the

Model Penal Code The Model Penal Code (MPC) is a model act designed to stimulate and assist U.S. state legislatures to update and standardize the penal law of the United States.MPC (Foreword). The MPC was a project of the American Law Institute (ALI), and was pu ...

in 1962, the Field Penal Code was by far the most broadly influential attempt at codification of criminal law, but was severely flawed in that it actually ''continued'' many muddled common law concepts (like

malice aforethought Malice aforethought is the "premeditation" or "predetermination" (with malice) required as an element of some crimes in some jurisdictions and a unique element for first-degree or aggravated murder in a few. Insofar as the term is still in use, ...

) when the point of codification was to clean up the common law. About this,

UC Berkeley The University of California, Berkeley (UC Berkeley, Berkeley, Cal, or California) is a public land-grant research university in Berkeley, California. Established in 1868 as the University of California, it is the state's first land-grant uni ...

law professor Sanford H. Kadish wrote in 1987: "None of the codes I have considered had a larger measure of influence. None deserved it less." Before the enactment of the Penal Code, California relied on

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipres ...

definitions of crimes as well as the accumulated case law that went back to the British common law of post-colonial times.

Organization

Like most of California’s codes, the Penal Code is divided into parts, with the Penal Code containing six, most of which contain titles, some of which are in turn subdivided into chapters, with individual sections comprising the smallest unit of content. Unlike sections of the United States Code, any particular provision of the Penal Code is usually referenced by its section number alone, especially when a police officer in the state refers to a particular criminal act over their

radio Radio is the technology of signaling and communicating using radio waves. Radio waves are electromagnetic waves of frequency between 30 hertz (Hz) and 300 gigahertz (GHz). They are generated by an electronic device called a transmi ...

. Most of this article deals exclusively with the substantive criminal law set out in Part 1. The first two titles of Part 1, up to Section 33, are preliminary and provide definitions of legal terms rather than definitions of, or punishments for, any specific crimes. The next group of titles, through Section 88, deal with crimes against the state itself, such as

treason Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...

. Title 7, ending with Section 186, covers the state court system and crimes that can be committed therein, such as

perjury Perjury (also known as foreswearing) is the intentional act of swearing a false oath or falsifying an affirmation to tell the truth, whether spoken or in writing, concerning matters material to an official proceeding."Perjury The act or an inst ...

. Title 8 covers the subject of violent crimes, and extends through Section 249. Title 9 (Sections 250 through 368) deals with offenses against public morals and decency. Title 10 (Sections 369 through 402) is devoted to "crimes against public health and safety," while Title 11 (Sections 403–423) is reserved for "crimes against the public peace." The topic of Title 12 (Sections 424–440) is crimes against public revenue, and of Title 13 (Sections 441 through 593), crimes against property. Title 14 (Sections 594–625) bears the heading "Malicious Mischief," but in addition to

vandalism Vandalism is the action involving deliberate destruction of or damage to public or private property. The term includes property damage, such as graffiti and defacement directed towards any property without permission of the owner. The term ...

(Section 594), it also includes such offenses as

trespassing Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, wounding, ...

(in Section 602). Title 15 (Sections 625–653) deals with "Miscellaneous Crimes," Title 16 (Sections 654-678) is labeled "General Provisions," and the last title of Part 1, Title 17 (679 and 680) delineates the "Rights of Victims and Witnesses of Crime." Part 2 of the Penal Code (Sections 681–1020) codifies the state's criminal procedure system. Part 3 of the Penal Code (Sections 2000–10007) codifies statutes governing the state's

corrections In criminal justice, particularly in North America, correction, corrections, and correctional, are umbrella terms describing a variety of functions typically carried out by government agencies, and involving the punishment, treatment, and s ...

system. Part 3 includes provisions governing the operation of the

county jail A prison, also known as a jail, gaol (dated, standard English, Australian, and historically in Canada), penitentiary (American English and Canadian English), detention center (or detention centre outside the US), correction center, correct ...

s and state prisons, as well as the administration of the death penalty. Part 4 of the Penal Code (Sections 11006–14315) codifies statutes governing criminal investigations, prison officer training, police officer training, crime control, crime prevention, and gun control. Part 5 of the Penal Code (Sections 15001–15003) consists of only two sections authorizing the California Peace Officers Memorial Foundation to establish and maintain a memorial to peace officers on the grounds of the state Capitol with private funds. Part 6 of the Penal Code (Sections 16000–34370) codifies statutes dealing with the management of

weapon A weapon, arm or armament is any implement or device that can be used to deter, threaten, inflict physical damage, harm, or kill. Weapons are used to increase the efficacy and efficiency of activities such as hunting, crime, law enforcement, ...

s. California's drug laws are not found within the Penal Code at all, but in a separate enactment, the California Health and Safety Code. Likewise, provisions affecting

motorist Driving is the controlled operation and movement of a vehicle, including cars, motorcycles, trucks, buses, and bicycles. Permission to drive on public highways is granted based on a set of conditions being met and drivers are required to fol ...

s, motor vehicles, and

traffic Traffic comprises pedestrians, vehicles, ridden or herded animals, trains, and other conveyances that use public ways (roads) for travel and transportation. Traffic laws govern and regulate traffic, while rules of the road include traffi ...

matters are contained in the

California Vehicle Code The California Vehicle Code, informally referred to as the Veh. Code or the CVC, is the section of the California Codes which contains almost all statutes relating to the operation, ownership and registration of vehicles (including bicycles and ev ...

Notable section numbers

*148 – Resisting/obstructing a police officer *

187 Year 187 ( CLXXXVII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. At the time, it was known as the Year of the Consulship of Quintius and Aelianus (or, less frequently, year 940 '' Ab urbe ...

– Murder *192 – Manslaughter *203 – Mayhem *207 – Kidnapping *211 – Robbery *215 –

Carjacking Carjacking is a robbery in which the item taken over is a motor vehicle.Michael Cherbonneau, "Carjacking," in ''Encyclopedia of Social Problems'', Vol. 1 (SAGE, 2008: ed. Vincent N. Parrillo), pp. 110-11. In contrast to car theft, carjacking is ...

*219 –

Train wreck A train wreck, train collision, train accident or train crash is a type of disaster involving one or more trains. Train wrecks often occur as a result of miscommunication, as when a moving train meets another train on the same track; or an acci ...

ing (''see, e.g.'' 2005 Glendale train crash) *236–237 –

False imprisonment False imprisonment or unlawful imprisonment occurs when a person intentionally restricts another person’s movement within any area without legal authority, justification, or the restrained person's permission. Actual physical restraint is ...

*240 – Assault *242 –

Battery Battery most often refers to: * Electric battery, a device that provides electrical power * Battery (crime), a crime involving unlawful physical contact Battery may also refer to: Energy source *Automotive battery, a device to provide power t ...

*245 –

Assault with a deadly weapon An assault is the act of committing physical harm or unwanted physical contact upon a person or, in some specific legal definitions, a threat or attempt to commit such an action. It is both a crime and a tort and, therefore, may result in crim ...

(ADW, sometimes "great bodily injury," GBI) or with force likely to produce great bodily injury *261 –

Rape Rape is a type of sexual assault usually involving sexual intercourse or other forms of sexual penetration carried out against a person without their consent. The act may be carried out by physical force, coercion, abuse of authority, or ...

*280 –

Child abduction Child abduction or child theft is the unauthorized removal of a minor (a child under the age of legal adulthood) from the custody of the child's natural parents or legally appointed guardians. The term ''child abduction'' includes two lega ...

*285 –

Incest Incest ( ) is human sexual activity between family members or close relatives. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by affinity (marriage or stepfamily), adopti ...

*288 – Child molestation *314 – Indecent exposure *368 �
Crimes Against Elders and Dependent Adults
*415 –

Disturbing the peace Breach of the peace, or disturbing the peace, is a legal term used in constitutional law in English-speaking countries and in a public order sense in the several jurisdictions of the United Kingdom. It is a form of disorderly conduct. Public ord ...

mutual combat Mutual combat, per Danny Sullivan vs. the US 1988, a term commonly used in United States courts, occurs when two individuals intentionally and consensually engage in a fair fight, while not hurting bystanders or damaging property. There have been n ...

*417 – Brandishing a firearm *422 – Criminal threats *451 – Arson *459 – Burglary *470 – Forgery *484 –

Theft Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for som ...

larceny Larceny is a crime involving the unlawful taking or theft of the personal property of another person or business. It was an offence under the common law of England and became an offence in jurisdictions which incorporated the common law of Eng ...

*487 –

Grand theft Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for some ...

*488 –

Petty theft Theft is the act of taking another person's property or services without that person's permission or consent with the intent to deprive the rightful owner of it. The word ''theft'' is also used as a synonym or informal shorthand term for some ...

*487 –

Grand theft auto ''Grand Theft Auto'' (''GTA'') is a series of action-adventure games created by David Jones and Mike Dailly. Later titles were developed under the oversight of brothers Dan and Sam Houser, Leslie Benzies and Aaron Garbut. It is primarily d ...

*496 – Receiving stolen property *503–515 – Embezzlement *518–527 –

Extortion Extortion is the practice of obtaining benefit through coercion. In most jurisdictions it is likely to constitute a criminal offence; the bulk of this article deals with such cases. Robbery is the simplest and most common form of extortion, ...

*528–539 – False personation and cheats *594 –

Malicious mischief Mischief or malicious mischief is the name for a criminal offenses that is defined differently in different legal jurisdictions. While the wrongful acts will often involve what is popularly described as vandalism, there can be a legal differenti ...

*597 –

Animal cruelty Cruelty to animals, also called animal abuse, animal neglect or animal cruelty, is the infliction by omission (neglect) or by commission by humans of suffering or harm upon non-human animals. More narrowly, it can be the causing of harm or su ...

*602 –

Trespass Trespass is an area of tort law broadly divided into three groups: trespass to the person, trespass to chattels, and trespass to land. Trespass to the person historically involved six separate trespasses: threats, assault, battery, woundi ...

ing *647(b) – Prostitution *647(f) – Public drunkenness or public intoxication *664 – Attempt (usually charged together with one of the above like 187 or 211; attempted murder was formerly covered in its own section, 217) *691 –

420 420 may refer to: * 420 (number) *420 (cannabis culture), informal reference to cannabis use and celebrations on April 20 ** California Senate Bill 420 or the Medical Marijuana Program Act *AD 420, a year in the 5th century of the Julian calendar * ...

" for marijuana use is commonly but incorrectly believed to originate from the Penal Code. The actual Section 420 covers obstructing entry on public land. One of the more controversial sections of the California Penal Code are the consecutive Sections 666 and 667; Section 666, known officially as petty theft with a priorand colloquially, felony petty theft and makes it possible for someone who committed a minor

shoplifting Shoplifting is the theft of goods from an open retail establishment, typically by concealing a store item on one's person, in pockets, under clothes or in a bag, and leaving the store without paying. With clothing, shoplifters may put on items ...

crime to be charged with a felony if the person had been convicted of any theft-related offense at any time in the past; and if the person so charged has two previous felony convictions (listed as serious or violent felonies strikeable" offenses, this can result in a 25-years-to-life sentence under the state's

three strikes law In the United States, habitual offender laws (commonly referred to as three-strikes laws) have been implemented since at least 1952, and are part of the United States Justice Department's Anti-Violence Strategy. These laws require a person who ...

, which is found in Section 667. The inclusion of felony petty theft within the three-strikes law, and for that matter, the three-strikes law itself, have sparked much debate both within and outside the state, and even beyond the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...

. In 2003, the

U.S. Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...

upheld the California three-strikes law against constitutional challenges in two cases where the third strike was a nonviolent crime''

Ewing v. California ''Ewing v. California'', 538 U.S. 11 (2003), is one of two cases upholding a sentence imposed under California's three strikes law against a challenge that it constituted cruel and unusual punishment in violation of the Eighth Amendment. As in i ...

'', , and '' Lockyer v. Andrade'', .

References

{{Reflist

External links

List of Penalties of California Penal and Vehicle Codes (CMCDefense)
(at FindLaw)

History

Organization

Notable section numbers

References

External links

See also