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 prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law ...

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 o ...

, 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 It was originally enacted in 1872 as one of the original four California Codes, and has been substantially amended and revised since then.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 The California State Legislature is a bicameral state legislature consisting of a lower house, the California State Assembly, with 80 members; and an upper house, the California State Senate, with 40 members. Both houses of the Legislatu ...

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 (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, 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 Samuel B. Ludlow of Alb ...

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

definitions of crimes as well as the accumulated

case law Case law, also used interchangeably with common law, is 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, 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 tr ...

. 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. 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 ter ...

(Section 594), it also includes such offenses as trespassing (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 system. Part 3 includes provisions governing the operation of the county jails 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 ...

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 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 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 fo ...

motor vehicle A motor vehicle, also known as motorized vehicle or automotive vehicle, is a self-propelled land vehicle, commonly wheeled, that does not operate on rails (such as trains or trams) and is used for the transportation of people or cargo. The ...

s, 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 traffic ...

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 e ...

Notable section numbers

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

Murder Murder is the unlawful killing of another human without justification or valid excuse, especially the unlawful killing of another human with malice aforethought. ("The killing of another person without justification or excuse, especially the ...

*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 Mayhem most commonly refers to: * Mayhem (crime), a type of crime Mayhem may also refer to: People * Monica Mayhem (born 1978), Australian pornographic actress * Jason "Mayhem" Miller, American mixed martial arts fighter * Mayhem Miller (dr ...

*207 –

Kidnapping In criminal law, kidnapping is the unlawful confinement of a person against their will, often including transportation/asportation. The asportation and abduction element is typically but not necessarily conducted by means of force or fear: the p ...

*211 –

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

*215 – Carjacking *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 The 2005 Glendale train crash occurred on January 26, 2005, at 6:03 a.m. PST, when a Metrolink commuter train collided with a sport utility vehicle that had been parked on the tracks by a suicidal man who hoped that the train would kill him ...

) *236–237 – False imprisonment *240 –

Assault 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 cr ...

*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 cri ...

(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 *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), ado ...

*288 –

Child molestation Child sexual abuse (CSA), also called child molestation, is a form of child abuse in which an adult or older adolescent uses a child for sexual stimulation. Forms of child sexual abuse include engaging in sexual activities with a child (whethe ...

*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 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 *417 – Brandishing a

firearm A firearm is any type of gun designed to be readily carried and used by an individual. The term is legally defined further in different countries (see Legal definitions). The first firearms originated in 10th-century China, when bamboo tubes ...

*422 – Criminal threats *451 –

Arson Arson is the crime 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, wate ...

*459 –

Burglary Burglary, also called breaking and entering and sometimes housebreaking, is the act of entering a building or other areas without permission, with the intention of committing a criminal offence. Usually that offence is theft, robbery or murd ...

*470 –

Forgery Forgery is a white-collar crime that generally refers to the false making or material alteration of a legal instrument with the specific intent to defraud anyone (other than themself). Tampering with a certain legal instrument may be forb ...

*484 – Theft or larceny *487 – Grand theft *488 – Petty theft *487 – Grand theft auto *496 –

Receiving stolen property Possession of stolen goods is a crime in which an individual has bought, been given, or acquired stolen goods. In many jurisdictions, if an individual has accepted possession of goods (or property) and knew they were stolen, then the individua ...

*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 *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 Prostitution is the business or practice of engaging in Sex work, 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, n ...

*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 pre ...

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 item ...

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, 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 Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

. In 2003, the U.S. Supreme Court upheld the California three-strikes law against constitutional challenges in two cases where the third strike was a nonviolent crime'' Ewing v. California'', , and ''

Lockyer v. Andrade ''Lockyer v. Andrade'', 538 U.S. 63 (2003), decided the same day as '' Ewing v. California'' (a case with a similar subject matter),. held that there would be no relief by means of a petition for a writ of habeas corpus from a sentence imposed und ...

'', .

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