The Penal Code of California forms the basis for the application of most

criminal law Criminal law is the body of law that relates to crime. It proscribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and Well-being, welfare of people inclusive of one's self. Most criminal l ...

criminal procedure Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail ...

, penal institutions, and the execution of sentences, among other things, in the American state of

California California () is a U.S. state, state in the Western United States that lies on the West Coast of the United States, Pacific Coast. It borders Oregon to the north, Nevada and Arizona to the east, and shares Mexico–United States border, an ...

. It was originally enacted in 1872 as one of the original four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, alongside uncodified acts, form the general statutory law of California. The official codes are maintained by the California Office of Legislative Counse ...

, and has been substantially amended and revised since then.

History

The Penal Code enacted by the

California State Legislature The California State Legislature is the bicameral state legislature of the U.S. state of California, consisting of the California State Assembly (lower house with 80 members) and the California State Senate (upper house with 40 members). ...

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, 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 (law), malice) required as an element of some crimes in some jurisdictions and a unique element for first-degree or aggravation (law), aggravated murder in a few. Insof ...

) 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, United States. Founded in 1868 and named after the Anglo-Irish philosopher George Berkele ...

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 Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

definitions of crimes as well as the accumulated

case law Case law, also used interchangeably with common law, is a law that is based on precedents, that is the judicial decisions from previous cases, rather than law based on constitutions, statutes, or regulations. Case law uses the detailed facts of ...

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 The United States Code (formally The Code of Laws of the United States of America) is the official Codification (law), codification of the general and permanent Law of the United States#Federal law, federal statutes of the United States. It ...

, 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 communicating using radio waves. Radio waves are electromagnetic waves of frequency between 3 hertz (Hz) and 300 gigahertz (GHz). They are generated by an electronic device called a transmitter connec ...

. 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 (polity), state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to Coup d'état, overthrow its government, spy ...

. 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 forswearing) 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 insta ...

. 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 t ...

(Section 594), it also includes such offenses as

trespassing Trespass to land, also called trespass to realty or trespass to real property, or sometimes simply trespass, is a common law tort or a crime that is committed when an individual or the object of an individual intentionally (or, in Australia, ...

(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

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, penitentiary, detention center, correction center, correctional facility, or remand center, is a facility where people are imprisoned under the authority of the state, usually as punishment for various cr ...

s and state prisons, as well as the administration of the

death penalty Capital punishment, also known as the death penalty and formerly called judicial homicide, is the state-sanctioned killing of a person as punishment for actual or supposed misconduct. The sentence ordering that an offender be punished in s ...

. 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 is 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 (e.g., murder), law ...

s. California's drug laws are not found within the

Penal Code A criminal code or penal code is a document that compiles all, or a significant amount of, a particular jurisdiction's criminal law. Typically a criminal code will contain Crime, offences that are recognised in the jurisdiction, penalties that ...

at all, but in a separate enactment, the

California Health and Safety Code The California Health and Safety Code is the codification of general statutory law covering the subject areas of health and safety in the state of California. It is one of the 29 California Codes and was originally signed into law by the Governor ...

. Likewise, provisions affecting

motorist Driving is the controlled operation and movement of a land vehicle, including cars, motorcycles, trucks, and buses. A driver's permission to drive on public highways is granted based on a set of conditions being met, and drivers are required to ...

motor vehicle A motor vehicle, also known as a motorized vehicle, automotive vehicle, automobile, or road vehicle, is a self-propelled land vehicle, commonly wheeled, that does not operate on railway track, rails (such as trains or trams), does not fly (such ...

s, and

traffic Traffic is the movement of vehicles and pedestrians along land routes. Traffic laws govern and regulate traffic, while rules of the road include traffic laws and informal rules that may have developed over time to facilitate the orderly an ...

matters are contained in the California Vehicle Code.

Notable section numbers

*148 – Resisting/obstructing a police officer * 187 –

Murder Murder is the unlawful killing of another human without justification (jurisprudence), justification or valid excuse (legal), excuse committed with the necessary Intention (criminal law), intention as defined by the law in a specific jurisd ...

*192 –

Manslaughter Manslaughter is a common law legal term for homicide considered by law as less culpable than murder. The distinction between murder and manslaughter is sometimes said to have first been made by the ancient Athenian lawmaker Draco in the 7th ce ...

*203 – Mayhem *207 –

Kidnapping Kidnapping or abduction is the unlawful abduction and confinement of a person against their will, and is a crime in many jurisdictions. Kidnapping may be accomplished by use of force or fear, or a victim may be enticed into confinement by frau ...

*211 –

Robbery Robbery is the crime of taking or attempting to take anything of value by force, threat of force, or use of fear. According to common law, robbery is defined as taking the property of another, with the intent to permanently deprive the person o ...

*215 –

Carjacking Carjacking is a robbery in which a motor vehicle is taken over.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 usually i ...

*219 –

Train wreck A train accident or train wreck 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, when the wheels of train come off the ...

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 n ...

*240 –

Assault In the terminology of law, an assault is the act of causing physical harm or consent, unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may ...

*242 – Battery *245 – Assault with a deadly weapon (ADW, sometimes "great bodily injury," GBI) or with force likely to produce great bodily injury *261 –

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

*280 –

Child abduction Child abduction or child theft is the unauthorized removal of a Minor (law), minor (a child under the age of Age of majority, legal adulthood) from the Child custody, custody of the child's Parent, natural parents or Legal guardian, legally appoi ...

*285 –

Incest Incest ( ) is sexual intercourse, sex between kinship, close relatives, for example a brother, sister, or parent. This typically includes sexual activity between people in consanguinity (blood relations), and sometimes those related by lineag ...

*288 – Child molestation *314 –

Indecent exposure Indecent exposure is the deliberate public exposure by a person of a portion of their body in a manner contrary to local standards of appropriate behavior. Laws and social attitudes regarding indecent exposure vary significantly in different ...

*368 �
Crimes Against Elders and Dependent Adults
*415 – Disturbing the peace/ mutual combat *417 – Brandishing a

firearm A firearm is any type of gun that uses an explosive charge and is designed to be readily carried and operated by an individual. The term is legally defined further in different countries (see legal definitions). The first firearms originate ...

*422 – Criminal threats *451 –

Arson Arson is the act of willfully and deliberately setting fire to or charring property. Although the act of arson typically involves buildings, the term can also refer to the intentional burning of other things, such as motor vehicles, watercr ...

*459 –

Burglary Burglary, also called breaking and entering (B&E) or housebreaking, is a property crime involving the illegal entry into a building or other area without permission, typically with the intention of committing a further criminal offence. Usually ...

*470 –

Forgery Forgery is a white-collar crime that generally consists of the false making or material alteration of a legal instrument with the specific mens rea, intent to wikt:defraud#English, defraud. Tampering with a certain legal instrument may be fo ...

*484 –

Theft Theft (, cognate to ) 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 shor ...

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 (, cognate to ) 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 short ...

*488 –

Petty theft Theft (, cognate to ) 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 short ...

*487 –

Grand theft auto ''Grand Theft Auto'' (''GTA'') is an action-adventure video game series 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 prima ...

*496 – Receiving stolen property *503–515 –

Embezzlement Embezzlement (from Anglo-Norman, from Old French ''besillier'' ("to torment, etc."), of unknown origin) is a type of financial crime, usually involving theft of money from a business or employer. It often involves a trusted individual taking ...

*518–527 –

Extortion Extortion is the practice of obtaining benefit (e.g., money or goods) through coercion. In most jurisdictions it is likely to constitute a criminal offence. Robbery is the simplest and most common form of extortion, although making unfounded ...

*528–539 – False personation and cheats *594 – Malicious mischief/

*597 –

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

*602 –

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

ing *647(b) –

Prostitution Prostitution is a type of sex work that involves engaging in sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, no ...

*647(f) – Public drunkenness or public intoxication *664 –

Attempt An attempt to commit a crime occurs if a criminal has an intent to commit a crime and takes a substantial step toward completing the crime, but for reasons not intended by the criminal, the final resulting crime does not occur.''Criminal Law - ...

(usually charged together with one of the above like 187 or 211; attempted murder was formerly covered in its own section, 217) *691 –

" 420" 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 Felony petty theft is the colloquial term for a statute in the California Penal Code (Section 666) that makes it possible for a person who commits the crime of petty theft to be charged with a felony rather than a misdemeanor if the accused had ...

and makes it possible for someone who committed a minor

shoplifting Shoplifting (also known as shop theft, shop fraud, retail theft, or retail fraud) is the theft of goods from a retail establishment during business hours. The terms ''shoplifting'' and ''shoplifter'' are not usually defined in law, and genera ...

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 i ...

, which is found in Section 667. The inclusion of

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 (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

. 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 turn on question ...

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 to the Un ...

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

References

{{Reflist

External links

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

1872 establishments in California 1872 in American law U.S. state criminal legislation Criminal codes

History

Organization

Notable section numbers

See also

References

External links