This Code takes effect at twelve o'clock, noon, on the first day of January, eighteen hundred and seventy-three.
Preliminary Provisions
Section § 2
This law states that the Code became effective at noon on January 1, 1873.
effective date January 1 1873
Section § 3
This section says that a law does not apply to actions or situations that happened before the law was passed unless it clearly states otherwise.
No part of it is retroactive, unless expressly so declared.
retroactive law legal retroactivity law application
Section § 4
This law says that when interpreting the Penal Code, you don't have to follow the old rule of reading penal laws very narrowly. Instead, you should interpret them in a way that makes sense and helps achieve their intended purpose, while also promoting fairness and justice.
The rule of the common law, that penal statutes are to be strictly construed, has no application to this Code. All its provisions are to be construed according to the fair import of their terms, with a view to effect its objects and to promote justice.
penal statutes interpretation common law rule strict construction
Section § 5
This law states that if the rules in this code are very similar to existing laws, they should be seen as a continuation of those existing laws, not as entirely new laws.
The provisions of this Code, so far as they are substantially the same as existing statutes, must be construed as continuations thereof, and not as new enactments.
continuation of laws existing statutes new enactments
Section § 6
This law states that once the Penal Code goes into effect, only actions or inactions that are identified as illegal by this code, or by specific statutes or regulations it mentions, can be considered crimes. If something was started before the code was enacted, it can still be prosecuted under the old laws as if the new code didn't exist.
No act or omission, commenced after twelve o'clock noon of the day on which this Code takes effect as a law, is criminal or punishable, except as prescribed or authorized by this Code, or by some of the statutes which it specifies as continuing in force and as not affected by its provisions, or by some ordinance, municipal, county, or township regulation, passed or adopted, under such statutes and in force when this Code takes effect. Any act or omission commenced prior to that time may be inquired of, prosecuted, and punished in the same manner as if this Code had not been passed.
criminal responsibility punishable actions Penal Code effect
Section § 7
This section of the California Penal Code explains how various words and phrases are interpreted within the code. Words in the present tense also cover future scenarios, and masculine words include feminine and neuter meanings. Singular words can mean plural, and vice versa.
Important definitions include “person” (which can mean a corporation), “county” includes city and county, “writing” covers both printing and typewriting, and terms like “oath” include affirmations or declarations. Other defined terms include different meanings and contexts for 'willfully', 'neglect', 'corruptly', 'malice', 'knowingly', 'vessel', 'peace officer', 'magistrate', 'property', and more. The section also explains how certain products are interpreted, like real vs. personal property, calendar month definitions, and 'spouse' including registered domestic partners.
Furthermore, it states how words should be understood in their particular legal context and gives authority to a majority when given to three or more officers unless stated otherwise.
(a)CA Penal Law Code § 7(a) Words used in this code in the present tense include the future as well as the present. Words used in the masculine gender include the feminine and neuter. Words used in the singular number includes the plural, and the plural the
singular.
(1)CA Penal Law Code § 7(a)(1) “Person” includes a corporation as well as a natural person.
(2)CA Penal Law Code § 7(a)(2) “County”
includes
city and county.
(3)CA Penal Law Code § 7(a)(3) “Writing” includes printing and typewriting.
(4)CA Penal Law Code § 7(a)(4) “Oath”
includes affirmation or declaration, and every mode of oral statement, under oath or affirmation, is embraced by the term “testify,” and every written one in the term “depose.”
(5)CA Penal Law Code § 7(a)(5) “Signature”
or “subscription” includes mark, when the person cannot write, their name being written near it, by a person who writes their own name as a
witness, if, that when a signature is made by mark it shall, in order that the same may be acknowledged or serve as the signature to any sworn statement, be witnessed by two persons who shall subscribe their own names as witnesses thereto.
(b)CA Penal Law Code § 7(b) The following words have in this code the signification attached to them in this section, unless otherwise apparent from the context:
(1)CA Penal Law Code § 7(b)(1) “Willfully,” when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. It does not require any intent to violate law, to injure another, or to acquire any advantage.
(2)CA Penal Law Code § 7(b)(2) “Neglect,” “negligence,” “negligent,” and “negligently” import a want of
the attention to the nature or probable consequences of the act or omission that a prudent person ordinarily bestows in acting in their own concerns.
(3)CA Penal Law Code § 7(b)(3) “Corruptly”
imports a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to, or to some other person.
(4)CA Penal Law Code § 7(b)(4) “Malice” and “maliciously” import a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law.
(5)CA Penal Law Code § 7(b)(5) “Knowingly” imports only a knowledge that the facts exist which bring the act or omission within the
provisions of this code. It does not require any knowledge of the unlawfulness of
that act or omission.
(6)CA Penal Law Code § 7(b)(6) “Bribe” signifies anything of value or advantage, present or prospective, or any promise or undertaking to give any, asked, given, or accepted, with a corrupt intent to influence, unlawfully, the person to whom it is given, in their action, vote, or opinion, in any public or official capacity.
(7)CA Penal Law Code § 7(b)(7) “Vessel,”
when used with reference to shipping, includes ships of all kinds, steamboats, canalboats, barges, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons, except that, as used in Sections 192.5 and 193.5, the word “vessel” means a vessel as defined in Section 651 of the Harbors and Navigation Code.
(8)CA Penal Law Code § 7(b)(8) “Peace officer” signifies any one of the officers mentioned in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(9)CA Penal Law Code § 7(b)(9) “Magistrate”
signifies any one of the officers mentioned in Section 808.
(10)CA Penal Law Code § 7(b)(10) “Property” includes both real and personal property.
(11)CA Penal Law Code § 7(b)(11) “Real property” is coextensive with lands, tenements, and hereditaments.
(12)CA Penal Law Code § 7(b)(12) “Personal
property” includes money, goods, chattels, things in action, and evidences of debt.
(13)CA Penal Law Code § 7(b)(13) “Month” means a calendar month, unless otherwise expressed; the word “daytime” means the period between sunrise and sunset, and the word “nighttime” means the period between sunset and sunrise.
(14)CA Penal Law Code § 7(b)(14) “Will” includes codicil.
(15)CA Penal Law Code § 7(b)(15) “Writ”
signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and “process” a writ or summons issued in the course of judicial proceedings.
(16)CA Penal Law Code § 7(b)(16) When the seal of a court or public officer is required by law to be affixed to any paper, the word “seal” includes an impression of the seal upon the paper alone, or upon any substance attached to the paper capable of receiving a visible impression. The seal of a private person may be made in like manner, or by the scroll of a pen, or by writing the word “seal” against their name.
(17)CA Penal Law Code § 7(b)(17) “State,” when applied to the different parts of the United States, includes the District of Columbia and the territories, and “United States” may include the district and territories.
(18)CA Penal Law Code § 7(b)(18) “Section,” whenever hereinafter employed, refers to a section of this code, unless some other code or statute is expressly mentioned.
(19)CA Penal Law Code § 7(b)(19) To “book” signifies the recordation of an arrest in official police records, and the taking by the police of fingerprints and photographs of the person arrested, or any of these acts following an arrest.
(20)CA Penal Law Code § 7(b)(20) “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.
(c)CA Penal Law Code § 7(c) Words and phrases
shall be construed according to the context and the approved usage of the
language, but technical words and phrases, and
any others as may have acquired a peculiar and appropriate meaning in law, shall be construed according to that peculiar and appropriate meaning.
(d)CA Penal Law Code § 7(d) Words giving a joint authority to three or more public officers or other persons, are
construed as giving
that authority to a majority of them, unless it is otherwise expressed in the act giving the authority.
definition of person interpretation of terms spouse includes domestic partner
Section § 7.5
This law says that if there's any confusion or conflict between how a crime is described and the specific legal section that defines it, the specific legal section takes priority. The description is mainly for reference, unless it's clear that it limits the legal section's application.
Whenever any offense is described in this code, the Uniform Controlled Substances Act (Division 10 (commencing with Section 11000) of the Health and Safety Code), or the Welfare and Institutions Code, as criminal conduct and as a violation of a specified code section or a particular provision of a code section, in the case of any ambiguity or conflict in interpretation, the code section or particular provision of the code section shall take precedence over the descriptive language. The descriptive language shall be deemed as being offered only for ease of reference
unless it is otherwise clearly apparent from the context that the descriptive language is intended to narrow the application of the referenced code section or particular provision of the code section.
ambiguity resolution legal interpretation conflict in laws
Section § 8
This law says that when you need to prove someone intended to commit fraud as part of a crime, it's enough to show they planned to deceive any individual, group, government, or business.
Whenever, by any of the provisions of this Code, an intent to defraud is required in order to constitute any offense, it is sufficient if an intent appears to defraud any person, association, or body politic or corporate, whatever.
intent to defraud fraudulent intent offense
Section § 9
This law states that even if this Code doesn't specifically mention a liability for damages or penalties for actions that are punishable under it, you still have the right to seek those remedies in a civil lawsuit or proceeding.
The omission to specify or affirm in this Code any liability to damages, penalty, forfeiture, or other remedy imposed by law and allowed to be recovered or enforced in any civil action or proceeding, for any act or omission declared punishable herein, does not affect any right to recover or enforce the same.
liability to damages penalty forfeiture
Section § 10
This law states that just because a specific reason for losing a public office or position of trust isn't mentioned in this code, it doesn't mean that the forfeiture or power doesn't exist. It also doesn't prevent any legal actions that are allowed to enforce impeachment, removal, or suspension of someone in such a position.
The omission to specify or affirm in this Code any ground of forfeiture of a public office, or other trust or special authority conferred by law, or any power conferred by law to impeach, remove, depose, or suspend any public officer or other person holding any trust, appointment, or other special authority conferred by law, does not affect such forfeiture or power, or any proceeding authorized by law to carry into effect such impeachment, removal, deposition, or suspension.
forfeiture of public office removal of public official impeachment powers
Section § 11
This section explains that it does not limit the powers given by law to military courts or authorities to punish offenders. Additionally, it generally doesn't affect the authority of public bodies or officials to punish for contempt, unless specified in another related section called Section 19.2.
This code does not affect any power conferred by law upon any court-martial, or other military authority or officer, to impose or inflict punishment upon offenders; nor, except as provided in Section 19.2 of this code, any power conferred by law upon any public body, tribunal, or officer, to impose or inflict punishment for a contempt.
military authority court-martial punishment powers
Section § 12
This law section states that when a crime's punishment is specified in the law, it is the court's responsibility to decide and enforce that punishment during sentencing.
The several sections of this Code which declare certain crimes to be punishable as therein mentioned, devolve a duty upon the Court authorized to pass sentence, to determine and impose the punishment prescribed.
crime punishment court responsibility impose punishment
Section § 13
This law says that when the punishment for a crime isn't specifically defined but rather has a range, it's up to the court to decide the exact punishment for each case, staying within the set limits that this Code outlines.
Whenever in this Code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case must be determined by the Court authorized to pass sentence, within such limits as may be prescribed by this Code.
undetermined punishment punishment range court discretion
Section § 14
This law states that if a person testifies as a witness and says something false, that false testimony can be used against them in a separate case for perjury. It means that just because someone was a witness doesn't protect them from being charged if they lied during their testimony.
The various sections of this Code which declare that evidence obtained upon the examination of a person as a witness cannot be received against him in any criminal proceeding, do not forbid such evidence being proved against such person upon any proceedings founded upon a charge of perjury committed in such examination.
evidence witness testimony criminal proceeding
Section § 15
A crime in California is any action that breaks a law, whether by doing something forbidden or not doing something required. If convicted, the consequences can include death, imprisonment, a fine, losing a government position, or being barred from holding any government job in the future.
A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments:
1. Death;
2. Imprisonment;
3. Fine;
4. Removal from office; or,
5. Disqualification to hold and enjoy any office of honor, trust, or profit in this State.
crime definition public offense act committed
Section § 16
This law specifies the three types of crimes: felonies, misdemeanors, and infractions. Felonies are serious crimes, misdemeanors are less severe, and infractions are minor offenses.
Crimes and public offenses include:
1. Felonies;
2. Misdemeanors; and
3. Infractions.
felonies misdemeanors infractions
Section § 17
This law explains how crimes in California are categorized and when certain crimes can be treated as misdemeanors instead of felonies. Felonies are serious crimes that may lead to death, state prison, or county jail sentences. Crimes not classified as felonies or infractions are misdemeanors.
The law outlines situations where a crime might be considered a misdemeanor. For example, if the punishment does not involve state prison, if a defendant is sent to Juvenile Justice, if probation is granted and the court declares it a misdemeanor, if a prosecutor files it as a misdemeanor, or if a magistrate classifies it as such during preliminary examination.
If a juvenile is discharged from Juvenile Justice, certain crimes may become misdemeanors. Some crimes listed in another section can be treated as infractions, which are less severe than misdemeanors, under specific conditions. Importantly, the judge cannot stop a sex offender from having to register if the law requires it. Also, owing restitution doesn't prevent crime reduction changes.
(a)CA Penal Law Code § 17(a) A felony is a crime that is punishable with death, by imprisonment in the state prison, or, notwithstanding any other law, by imprisonment in a county jail under the provisions of subdivision (h) of Section 1170. Every other crime or public offense is a misdemeanor except those offenses that are classified as infractions.
(b)CA Penal Law Code § 17(b) When a crime is punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail, it is a misdemeanor for all purposes under the following circumstances:
(1)CA Penal Law Code § 17(b)(1) After a judgment imposing a punishment other than imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170.
(2)CA Penal Law Code § 17(b)(2) When the court, upon committing the defendant to the Division of Juvenile Justice, designates the offense to be a misdemeanor.
(3)CA Penal Law Code § 17(b)(3) When the court grants probation to a defendant and at the time of granting probation, or on application of the defendant or probation officer thereafter, the court declares the offense to be a misdemeanor.
(4)CA Penal Law Code § 17(b)(4) When the prosecuting attorney files in a court having jurisdiction over misdemeanor offenses a complaint specifying that the offense is a misdemeanor, unless the defendant at the time of
arraignment or plea objects to the offense being made a misdemeanor, in which event the complaint shall be amended to charge the felony and the case shall proceed on the felony complaint.
(5)CA Penal Law Code § 17(b)(5) When, at or before the preliminary examination or prior to filing an order pursuant to Section 872, the magistrate determines that the offense is a misdemeanor, in which event the case shall proceed as if the defendant had been arraigned on a misdemeanor complaint.
(c)CA Penal Law Code § 17(c) When a defendant is committed to the Division of Juvenile Justice for a crime punishable, in the discretion of the court, either by imprisonment in the state prison or imprisonment in a county jail under the provisions of subdivision (h) of Section 1170, or by fine or imprisonment in the county jail not exceeding one year, the
offense shall, upon the discharge of the defendant from the Division of Juvenile Justice, thereafter be deemed a misdemeanor for all purposes.
(d)CA Penal Law Code § 17(d) A violation of any code section listed in Section 19.8 is an infraction subject to the procedures described in Sections 19.6 and 19.7 in either of the following cases:
(1)CA Penal Law Code § 17(d)(1) The prosecutor files a complaint charging the offense as an infraction unless the defendant, at the time they are arraigned, after being informed of their rights, elects to have the case proceed as a misdemeanor.
(2)CA Penal Law Code § 17(d)(2) The court, with the consent of the defendant, determines that the offense is an infraction, in which event the case shall proceed as if the defendant had been arraigned on an infraction
complaint.
(e)CA Penal Law Code § 17(e) This section does not authorize a judge to relieve a defendant of the duty to register as a sex offender pursuant to Section 290 if the defendant is charged with an offense for which registration as a sex offender is required pursuant to Section 290, and for which the trier of fact has found the defendant guilty.
(f)CA Penal Law Code § 17(f) When the court exercises its discretion under this section, an unfulfilled order of restitution or a restitution fine shall not be grounds for denial of a request or application for reduction.
felony reclassification misdemeanor conditions juvenile offense reduction
Section § 17.2
This law emphasizes that when handling a criminal case, the goal is to use the least restrictive option possible.
Court should explore alternatives to jail, such as special court programs, diversion tactics, restorative justice, or probation.
Judges have the freedom to decide the best sentence within the framework of the law and guidelines set by the Judicial Council.
(a)CA Penal Law Code § 17.2(a) It is the intent of the Legislature that the disposition of any criminal case use the least restrictive means available.
(b)CA Penal Law Code § 17.2(b) The court presiding over a criminal matter shall consider alternatives to incarceration, including, without limitation, collaborative justice court programs, diversion, restorative justice, and probation.
(c)CA Penal Law Code § 17.2(c) The court shall have the
discretion to determine the appropriate sentence according to relevant statutes and the sentencing rules of the Judicial Council.
least restrictive means alternatives to incarceration collaborative justice court programs
Section § 17.5
This section outlines California’s ongoing commitment to reducing repeat offenses by focusing on community-based corrections rather than expanding prisons. The state acknowledges that despite increased spending on corrections, reincarceration rates remain high, necessitating a shift in approach to public safety.
The law emphasizes investing in local community programs that integrate evidence-based practices to improve outcomes for individuals with low-level offenses. This includes things like home detention, community service, and substance abuse treatment. The goal is to enhance public safety while facilitating reintegration into society and holding offenders responsible for their actions.
The law also advocates for a justice reinvestment strategy to use criminal justice funds more efficiently, aiming to create savings that can be redirected toward effective public safety strategies, like intensive supervision and restorative justice programs.
Finally, it defines 'community-based punishment' and 'evidence-based practices' as approaches supported by scientific research to lower recidivism rates.
(a)CA Penal Law Code § 17.5(a) The Legislature finds and declares all of the following:
(1)CA Penal Law Code § 17.5(a)(1) The Legislature reaffirms its commitment to reducing recidivism among criminal offenders.
(2)CA Penal Law Code § 17.5(a)(2) Despite the dramatic increase in corrections spending over the past two decades, national
reincarceration rates for people released from prison remain unchanged or have worsened. National data show that about 40 percent of released individuals are reincarcerated within three years. In California, the recidivism rate for persons who have served time in prison is even greater than the national average.
(3)CA Penal Law Code § 17.5(a)(3) Criminal justice policies that rely on building and operating more prisons to address community safety concerns are not sustainable, and will not result in improved public safety.
(4)CA Penal Law Code § 17.5(a)(4) California must reinvest its criminal justice resources to support community-based corrections programs and evidence-based practices that will achieve improved public safety returns on this state’s substantial investment in its criminal justice system.
(5)CA Penal Law Code § 17.5(a)(5) Realigning low-level felony offenders who do not have prior
convictions for serious, violent, or sex offenses to locally run community-based corrections programs, which are strengthened through community-based punishment, evidence-based practices, improved supervision strategies, and enhanced secured capacity, will improve public safety outcomes among adult felons and facilitate their reintegration back into society.
(6)CA Penal Law Code § 17.5(a)(6) Community-based corrections programs require a partnership between local public safety entities and the county to provide and expand the use of community-based punishment for low-level offender populations. Each county’s Local Community Corrections Partnership, as established in paragraph (2) of subdivision (b) of Section 1230, should play a critical role in developing programs and ensuring appropriate outcomes for low-level offenders.
(7)CA Penal Law Code § 17.5(a)(7) Fiscal policy and correctional practices should align to promote a justice
reinvestment strategy that fits each county. “Justice reinvestment” is a data-driven approach to reduce corrections and related criminal justice spending and reinvest savings in strategies designed to increase public safety. The purpose of justice reinvestment is to manage and allocate criminal justice populations more cost-effectively, generating savings that can be reinvested in evidence-based strategies that increase public safety while holding offenders accountable.
(8)CA Penal Law Code § 17.5(a)(8) “Community-based punishment” means correctional sanctions and programming encompassing a range of custodial and noncustodial responses to criminal or noncompliant offender activity. Community-based punishment may be provided by local public safety entities directly or through community-based public or private correctional service providers, and include, but are not limited to, the following:
(A)CA Penal Law Code § 17.5(a)(8)(A) Short-term
flash incarceration in jail for a period of not more than 10 days.
(B)CA Penal Law Code § 17.5(a)(8)(B) Intensive community supervision.
(C)CA Penal Law Code § 17.5(a)(8)(C) Home detention with electronic monitoring or GPS monitoring.
(D)CA Penal Law Code § 17.5(a)(8)(D) Mandatory community service.
(E)CA Penal Law Code § 17.5(a)(8)(E) Restorative justice programs such as mandatory victim restitution and victim-offender reconciliation.
(F)CA Penal Law Code § 17.5(a)(8)(F) Work, training, or education in a furlough program pursuant to Section 1208.
(G)CA Penal Law Code § 17.5(a)(8)(G) Work, in lieu of confinement, in a work release program pursuant to Section 4024.2.
(H)CA Penal Law Code § 17.5(a)(8)(H) Day reporting.
(I)CA Penal Law Code § 17.5(a)(8)(I) Mandatory residential or nonresidential substance abuse treatment programs.
(J)CA Penal Law Code § 17.5(a)(8)(J) Mandatory random drug testing.
(K)CA Penal Law Code § 17.5(a)(8)(K) Mother-infant care programs.
(L)CA Penal Law Code § 17.5(a)(8)(L) Community-based residential programs offering structure, supervision, drug treatment, alcohol treatment, literacy programming, employment counseling, psychological counseling, mental health treatment, or any combination of these and other interventions.
(9)CA Penal Law Code § 17.5(a)(9) “Evidence-based practices” refers to supervision policies, procedures, programs, and practices demonstrated by scientific research to reduce recidivism among individuals under probation, parole, or post release supervision.
(b)CA Penal Law Code § 17.5(b) The provisions of this act are not intended to
alleviate state prison overcrowding.
recidivism reduction community-based corrections evidence-based practices
Section § 17.7
This law emphasizes the importance of helping former prisoners successfully reenter society to reduce the chances of them committing new crimes, known as recidivism. It outlines several supportive strategies, like risk assessments, housing, treatment programs, and job opportunities, that have been effective in other states. The ultimate goal is to boost public safety and lower the number of people in prisons and jails. The law suggests starting a program in California in the 2014-15 fiscal year, leveraging community resources for short-term success and planning for long-term development.
The Legislature finds and declares the following:
(a)CA Penal Law Code § 17.7(a) Strategies supporting reentering offenders through practices and programs, such as standardized risk and needs assessments, transitional community housing, treatment, medical and mental health services, and employment, have been demonstrated to significantly reduce recidivism among offenders in other states.
(b)CA Penal Law Code § 17.7(b) Improving outcomes among offenders reentering the community after serving time in a correctional facility will promote public safety and will reduce California’s prison and jail populations.
(c)CA Penal Law Code § 17.7(c) Establishing a California reentry program that encompasses strategies known to reduce
recidivism warrants a vigorous short-term startup in the 2014–15 fiscal year using readily available resources in the community, and a comprehensive long-term development plan for future budget years designed to expand the availability, impact, and sustainability of these strategies as further community partnerships are identified and developed.
reentry strategies recidivism reduction transitional community housing
Section § 18
This law explains the standard punishment for felonies in California when no specific penalty is outlined in other laws. Typically, a felony can lead to imprisonment for 16 months, two years, or three years in state prison. In some cases, a felony might also be punishable by time in a county jail for up to one year or by paying a fine or both if no other alternative sentences are specified.
(a)CA Penal Law Code § 18(a) Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a felony is punishable by imprisonment for 16 months, or two or three years in the state prison unless the offense is punishable pursuant to subdivision (h) of Section 1170.
(b)CA Penal Law Code § 18(b) Every offense which is
prescribed by any law of the state to be a felony punishable by imprisonment or by a fine, but without an alternate sentence to the county jail for a period not exceeding one year, may be punishable by imprisonment in the county jail not exceeding one year or by a fine, or by both.
felony punishment state prison sentences imprisonment duration
Section § 18.5
This law changes the maximum jail time for certain offenses from one year to 364 days, meaning anyone sentenced after January 1, 2015, can't be jailed for more than 364 days for these offenses. The law is also retroactive, meaning it applies to past cases. If someone was sentenced to a one-year jail term before January 1, 2015, they can ask the court to reduce their sentence to no more than 364 days.
(a)CA Penal Law Code § 18.5(a) Every offense which is prescribed by any law of the state to be punishable by imprisonment in a county jail up to or not exceeding one year shall be punishable by imprisonment in a county jail for a period not to exceed 364 days.
This section shall apply retroactively, whether or not the case was final as of January 1, 2015.
(b)CA Penal Law Code § 18.5(b) A person who was sentenced to a term of one year in county jail prior to January 1, 2015, may submit an application before the
trial court that entered the judgment of conviction in the case to have the term of the sentence modified to the maximum term specified in subdivision (a).
county jail sentence 364 days maximum retroactive application
Section § 19
If someone commits a misdemeanor in California, they can be punished with up to six months in county jail, a fine of up to $1,000, or both unless another law specifies a different punishment.
Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by fine not exceeding one thousand dollars ($1,000), or by both.
misdemeanor punishment county jail fine limit
Section § 19.2
This law states that a person cannot be kept in a county or city jail, or similar facility, for more than one year for a misdemeanor conviction, a term of probation, civil contempt, or failure to pay a fine, unless they are convicted of multiple offenses with consecutive sentences, or a crime that has a felony punishment specific to a certain rule. However, time spent on parole does not count towards this confinement period.
In no case shall any person sentenced to confinement in a county or city jail, or in a county or joint county penal farm, road camp, work camp, or other county adult detention facility, or committed to the sheriff for placement in any county adult detention facility, on conviction of a misdemeanor, or as a condition of probation upon conviction of either a felony or a misdemeanor, or upon commitment
for civil contempt, or upon default in the payment of a fine upon conviction of either a felony or a misdemeanor, or for any reason except upon conviction of a crime that specifies a felony punishment pursuant to subdivision (h) of Section 1170 or a conviction of more than one offense when consecutive sentences have been imposed, be committed for a period in excess of one year; provided, however, that the time allowed on parole shall not be considered as a part of the period of confinement.
county jail confinement misdemeanor sentencing probation conditions
Section § 19.4
This law states that if something is considered a public offense under a statute but doesn't have a specified punishment, it will be treated as a misdemeanor.
When an act or omission is declared by a statute to be a public offense and no penalty for the offense is prescribed in any statute, the act or omission is punishable as a misdemeanor.
public offense undefined penalty misdemeanor
Section § 19.6
This law explains that if you're charged with an infraction, you can't go to jail. Also, you don't have the right to a jury trial, and you won't get a court-appointed lawyer unless you're actually arrested and not let go based on a promise to show up in court, your own recognizance, or paying bail.
An infraction is not punishable by imprisonment. A person charged with an infraction shall not be entitled to a trial by jury. A person charged with an infraction shall not be entitled to have the public defender or other counsel appointed at public expense to represent him or her unless he or she is arrested and not released on his or her written promise to appear, his or her own recognizance, or a deposit of bail.
infraction no imprisonment jury trial
Section § 19.7
This law states that rules and procedures that apply to misdemeanors also apply to infractions unless another law says otherwise. This includes things like what police can do, which courts handle the cases, time limits to start and finish a case, and proving the case in court.
Except as otherwise provided by law, all provisions of law relating to misdemeanors shall apply to infractions including, but not limited to, powers of peace officers, jurisdiction of courts, periods for commencing action and for bringing a case to trial and burden of proof.
infractions misdemeanor procedures peace officer powers
Section § 19.8
This law specifies certain offenses that are classified as infractions and are subject to subdivision (d) of a different section (Section 17). These offenses can come from various legal categories, including Penal Code sections, Business and Professions Code sections, Government Code, and Vehicle Code sections. Minor infractions can be punished with a fine up to $250, unless a smaller fine is specifically stated.
If someone is convicted of an infraction under subdivision (d) of Section 17, it won't usually result in losing their driver's license or affect their probation or parole, unless it's for specific serious violations related to failing to show up in court.
(a)Copy CA Penal Law Code § 19.8(a)
(1)Copy CA Penal Law Code § 19.8(a)(1) The following offenses are subject to subdivision (d) of Section 17:
(A)CA Penal Law Code § 19.8(a)(1)(A) Sections 193.8, 330, 415, 485, 490.7, 555, 602.13, and 853.7.
(B)CA Penal Law Code § 19.8(a)(1)(B) Subdivision (c) of Section 532b and subdivision (o) of Section 602.
(C)CA Penal Law Code § 19.8(a)(1)(C) Subdivision (b) of Section 25658 and Sections 21672, 25661, and 25662 of the Business and Professions Code.
(D)CA Penal Law Code § 19.8(a)(1)(D) Section 27204 of the Government Code.
(E)CA Penal Law Code § 19.8(a)(1)(E) Subdivision (c) of Section 23109 and Sections 5201.1, 12500, 14601.1, 27150.1, and 40508 of the Vehicle Code.
(F)CA Penal Law Code § 19.8(a)(1)(F) Any other offense that the Legislature makes subject to subdivision (d) of Section 17.
(2)CA Penal Law Code § 19.8(a)(2) Except where a lesser maximum fine is expressly provided for a violation of those sections, a violation that is an infraction is punishable by a fine not exceeding two hundred fifty dollars ($250).
(b)CA Penal Law Code § 19.8(b) Except in cases where a different punishment is prescribed, an offense declared to be an infraction is punishable by a fine not exceeding two hundred fifty dollars ($250).
(c)CA Penal Law Code § 19.8(c) Except for the violations enumerated in subdivision (d) of Section 13202.5 of the Vehicle Code and Section 14601.1 of the Vehicle Code based upon failure to appear, a conviction for an offense made an infraction under subdivision (d) of Section 17 is not grounds for the suspension,
revocation, or denial of a license or for the revocation of probation or parole of the person convicted.
infractions offense fines punishable by fine
Section § 19.9
This law explains that 'mandatory supervision' is the part of a defendant's sentence where they are overseen by a county probation officer. This occurs as outlined in a specific section of the sentencing rules.
For purposes of this code, “mandatory supervision” shall mean the portion of a defendant’s sentenced term during which time he or she is supervised by the county probation officer pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170.
mandatory supervision defendant sentencing county probation officer
Section § 20
For something to be considered a crime, there must be both an action and a guilty mindset, or the person must be criminally careless.
In every crime or public offense there must exist a union, or joint operation of act and intent, or criminal negligence.
crime elements act and intent criminal negligence
Section § 21
To be guilty of attempting a crime, you need to have both the intention to commit the crime and have taken a direct step towards doing it, even if it didn’t work out.
An attempt to commit a crime consists of two elements: a specific intent to commit the crime, and a direct but ineffectual act done toward its commission.
attempted crime specific intent direct act
Section § 23
This law allows a state agency that issued a business or professional license to get involved in criminal cases where the crime is related to the licensee's work duties or qualifications. They can volunteer or be ordered by the court to provide information and recommendations to help the court decide on probation conditions or other matters that serve justice and public interests. The term 'license' also covers permits and certificates, while 'state agency' includes bodies like boards or commissions that issue licenses.
In any criminal proceeding against a person who has been issued a license to engage in a business or profession by a state agency pursuant to provisions of the Business and Professions Code or the Education Code, or the Chiropractic Initiative Act, the state agency which issued the license may voluntarily appear to furnish pertinent information, make recommendations regarding specific conditions of probation, or provide any other assistance necessary to promote the interests of justice and protect the interests of the public, or may be ordered by the court to do so,
if the crime charged is substantially related to the qualifications, functions, or duties of a licensee.
For purposes of this section, the term “license” shall include a permit or a certificate issued by a state agency.
For purposes of this section, the term “state agency” shall include any state board, commission, bureau, or division created pursuant to the provisions of the Business and Professions Code, the Education Code, or the Chiropractic Initiative Act to license and regulate individuals who engage in certain businesses and professions.
criminal proceedings state agency involvement business license
Section § 24
This section allows you to refer to this entire set of laws as 'The Penal Code' and, if needed, you can include specific section numbers to pinpoint particular laws.
This Act, whenever cited, enumerated, referred to, or amended, may be designated simply as The Penal Code, adding, when necessary, the number of the section.
Penal Code refers section number specification amending Penal Code
