reglab/statecodes huggingface dataset:
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 1 - Homicide › Section 193.7.

193.7. A person convicted of a violation of subdivision (b) of Section 191.5 that occurred within seven years of two or more separate violations of Section 23103, as specified in Section 23103.5, of, or Section 23152 or 23153 of, the Vehicle Code, or any combination thereof, that resulted in convictions, shall be designated as an habitual traffic offender subject to paragraph (3) of subdivision (e) of Section 14601.3 of the Vehicle Code, for a period of three years, subsequent to the conviction. The person shall be advised of this designation pursuant to subdivision (b) of Section 13350 of the Vehicle Code.
(Amended by Stats. 2007, Ch. 747, Sec. 6. Effective January 1, 2008.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 1 - Homicide › Section 193.8.

193.8. (a) An adult, who is the registered owner of a motor vehicle or in possession of a motor vehicle, shall not relinquish possession of the vehicle to a minor for the purpose of driving if the following conditions exist:
(1) The adult owner or person in possession of the vehicle knew or reasonably should have known that the minor was intoxicated at the time possession was relinquished.
(2) A petition was sustained or the minor was convicted of a violation of Section 23103 as specified in Section 23103.5, 23140, 23152, or 23153 of the Vehicle Code or a violation of Section 191.5 or subdivision (a) of Section 192.5.
(3) The minor does not otherwise have a lawful right to possession of the vehicle.
(b) The offense described in subdivision (a) shall not apply to commercial bailments, motor vehicle leases, or parking arrangements, whether or not for compensation, provided by hotels, motels, or food facilities for customers, guests, or other invitees thereof. For purposes of this subdivision, hotel and motel shall have the same meaning as in subdivision (b) of Section 25503.16 of the Business and Professions Code and food facility shall have the same meaning as in Section 113785 of the Health and Safety Code.
(c) If an adult is convicted of the offense described in subdivision (a), that person shall be punished by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in a county jail not exceeding six months, or by both the fine and imprisonment. An adult convicted of the offense described in subdivision (a) shall not be subject to driver’s license suspension or revocation or attendance at a licensed alcohol or drug education and counseling program for persons who drive under the influence.
(Amended by Stats. 2007, Ch. 747, Sec. 7. Effective January 1, 2008.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 1 - Homicide › Section 194.

194. To make the killing either murder or manslaughter, it is not requisite that the party die within three years and a day after the stroke received or the cause of death administered. If death occurs beyond the time of three years and a day, there shall be a rebuttable presumption that the killing was not criminal. The prosecution shall bear the burden of overcoming this presumption. In the computation of time, the whole of the day on which the act was done shall be reckoned the first.
(Amended by Stats. 1996, Ch. 580, Sec. 1. Effective January 1, 1997.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 1 - Homicide › Section 195.

195. Homicide is excusable in the following cases:
1. When committed by accident and misfortune, or in doing any other lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent.
2. When committed by accident and misfortune, in the heat of passion, upon any sudden and sufficient provocation, or upon a sudden combat, when no undue advantage is taken, nor any dangerous weapon used, and when the killing is not done in a cruel or unusual manner.
(Amended by Stats. 1984, Ch. 438, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 1 - Homicide › Section 196.

196. Homicide is justifiable when committed by peace officers and those acting by their command in their aid and assistance, under either of the following circumstances:
(a) In obedience to any judgment of a competent court.
(b) When the homicide results from a peace officer’s use of force that is in compliance with Section 835a.
(Amended by Stats. 2019, Ch. 170, Sec. 1. (AB 392) Effective January 1, 2020.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 1 - Homicide › Section 197.

197. Homicide is also justifiable when committed by any person in any of the following cases:
(1) When resisting any attempt to murder any person, or to commit a felony, or to do some great bodily injury upon any person.
(2) When committed in defense of habitation, property, or person, against one who manifestly intends or endeavors, by violence or surprise, to commit a felony, or against one who manifestly intends and endeavors, in a violent, riotous, or tumultuous manner, to enter the habitation of another for the purpose of offering violence to any person therein.
(3) When committed in the lawful defense of such person, or of a spouse, parent, child, master, mistress, or servant of such person, when there is reasonable ground to apprehend a design to commit a felony or to do some great bodily injury, and imminent danger of such design being accomplished; but such person, or the person in whose behalf the defense was made, if he or she was the assailant or engaged in mutual combat, must really and in good faith have endeavored to decline any further struggle before the homicide was committed.
(4) When necessarily committed in attempting, by lawful ways and means, to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace.
(Amended by Stats. 2016, Ch. 50, Sec. 67. (SB 1005) Effective January 1, 2017.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 1 - Homicide › Section 198.

198. A bare fear of the commission of any of the offenses mentioned in subdivisions 2 and 3 of Section 197, to prevent which homicide may be lawfully committed, is not sufficient to justify it. But the circumstances must be sufficient to excite the fears of a reasonable person, and the party killing must have acted under the influence of such fears alone.
(Amended by Stats. 1987, Ch. 828, Sec. 8.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 1 - Homicide › Section 198.5.

198.5. Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred.
As used in this section, great bodily injury means a significant or substantial physical injury.
(Added by Stats. 1984, Ch. 1666, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 2 - Mayhem › Section 203.

203. Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear, or lip, is guilty of mayhem.
(Amended by Stats. 1989, Ch. 1360, Sec. 106.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 2 - Mayhem › Section 204.

204. Mayhem is punishable by imprisonment in the state prison for two, four, or eight years.
(Amended by Stats. 1986, Ch. 1424, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 2 - Mayhem › Section 205.

205. A person is guilty of aggravated mayhem when he or she unlawfully, under circumstances manifesting extreme indifference to the physical or psychological well-being of another person, intentionally causes permanent disability or disfigurement of another human being or deprives a human being of a limb, organ, or member of his or her body. For purposes of this section, it is not necessary to prove an intent to kill. Aggravated mayhem is a felony punishable by imprisonment in the state prison for life with the possibility of parole.
(Added by Stats. 1987, Ch. 785, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 2 - Mayhem › Section 206.

206. Every person who, with the intent to cause cruel or extreme pain and suffering for the purpose of revenge, extortion, persuasion, or for any sadistic purpose, inflicts great bodily injury as defined in Section 12022.7 upon the person of another, is guilty of torture.
The crime of torture does not require any proof that the victim suffered pain.
(Added June 5, 1990, by initiative Proposition 115, Sec. 13.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 2 - Mayhem › Section 206.1.

206.1. Torture is punishable by imprisonment in the state prison for a term of life.
(Added June 5, 1990, by initiative Proposition 115, Sec. 14.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 3 - Kidnapping › Section 207.

207. (a) Every person who forcibly, or by any other means of instilling fear, steals or takes, or holds, detains, or arrests any person in this state, and carries the person into another country, state, or county, or into another part of the same county, is guilty of kidnapping.
(b) Every person, who for the purpose of committing any act defined in Section 288, hires, persuades, entices, decoys, or seduces by false promises, misrepresentations, or the like, any child under the age of 14 years to go out of this country, state, or county, or into another part of the same county, is guilty of kidnapping.
(c) Every person who forcibly, or by any other means of instilling fear, takes or holds, detains, or arrests any person, with a design to take the person out of this state, without having established a claim, according to the laws of the United States, or of this state, or who hires, persuades, entices, decoys, or seduces by false promises, misrepresentations, or the like, any person to go out of this state, or to be taken or removed therefrom, for the purpose and with the intent to sell that person into slavery or involuntary servitude, or otherwise to employ that person for his or her own use, or to the use of another, without the free will and consent of that persuaded person, is guilty of kidnapping.
(d) Every person who, being out of this state, abducts or takes by force or fraud any person contrary to the law of the place where that act is committed, and brings, sends, or conveys that person within the limits of this state, and is afterwards found within the limits thereof, is guilty of kidnapping.
(e) For purposes of those types of kidnapping requiring force, the amount of force required to kidnap an unresisting infant or child is the amount of physical force required to take and carry the child away a substantial distance for an illegal purpose or with an illegal intent.
(f) Subdivisions (a) to (d), inclusive, do not apply to any of the following:
(1) To any person who steals, takes, entices away, detains, conceals, or harbors any child under the age of 14 years, if that act is taken to protect the child from danger of imminent harm.
(2) To any person acting under Section 834 or 837.
(Amended by Stats. 2003, Ch. 23, Sec. 1. Effective January 1, 2004.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 3 - Kidnapping › Section 208.

208. (a) Kidnapping is punishable by imprisonment in the state prison for three, five, or eight years.
(b) If the person kidnapped is under 14 years of age at the time of the commission of the crime, the kidnapping is punishable by imprisonment in the state prison for 5, 8, or 11 years. This subdivision is not applicable to the taking, detaining, or concealing, of a minor child by a biological parent, a natural father, as specified in Section 7611 of the Family Code, an adoptive parent, or a person who has been granted access to the minor child by a court order.
(c) In all cases in which probation is granted, the court shall, except in unusual cases where the interests of justice would best be served by a lesser penalty, require as a condition of the probation that the person be confined in the county jail for 12 months. If the court grants probation without requiring the defendant to be confined in the county jail for 12 months, it shall specify its reason or reasons for imposing a lesser penalty.
(Amended by Stats. 1997, Ch. 817, Sec. 1. Effective January 1, 1998.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 3 - Kidnapping › Section 209.

209. (a) A person who seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps, or carries away another person by any means whatsoever with intent to hold or detain, or who holds or detains, that person for ransom, reward, or to commit extortion or to exact from another person any money or valuable thing, or a person who aids or abets any such act, is guilty of a felony. When a person subjected to that act suffers death or bodily harm, or is intentionally confined in a manner that exposes that person to a substantial likelihood of death, the person, upon conviction, shall be punished by imprisonment in the state prison for life without possibility of parole. When no person subjected to that act suffers death or bodily harm, the person, upon conviction, shall be punished by imprisonment in the state prison for life with the possibility of parole.
(b) (1) A person who kidnaps or carries away an individual to commit robbery, rape, oral copulation, sodomy, or any violation of Section 264.1, 288, 289, or former Section 262, shall be punished by imprisonment in the state prison for life with the possibility of parole.
(2) This subdivision shall only apply if the movement of the victim is beyond that merely incidental to the commission of, and increases the risk of harm to the victim over and above that necessarily present in, the intended underlying offense.
(c) When probation is granted, the court shall, except in unusual cases where the interests of justice would best be served by a lesser penalty, require as a condition of the probation that the person be confined in the county jail for 12 months. If the court grants probation without requiring the defendant to be confined in the county jail for 12 months, it shall specify its reason or reasons for imposing a lesser penalty.
(d) Subdivision (b) does not supersede or affect Section 667.61. A person may be charged with a violation of subdivision (b) and Section 667.61. However, a person may not be punished under subdivision (b) and Section 667.61 for the same act that constitutes a violation of both subdivision (b) and Section 667.61.
(Amended by Stats. 2021, Ch. 626, Sec. 16. (AB 1171) Effective January 1, 2022.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 3 - Kidnapping › Section 209.5.

209.5. (a) Any person who, during the commission of a carjacking and in order to facilitate the commission of the carjacking, kidnaps another person who is not a principal in the commission of the carjacking shall be punished by imprisonment in the state prison for life with the possibility of parole.
(b) This section shall only apply if the movement of the victim is beyond that merely incidental to the commission of the carjacking, the victim is moved a substantial distance from the vicinity of the carjacking, and the movement of the victim increases the risk of harm to the victim over and above that necessarily present in the crime of carjacking itself.
(c) In all cases in which probation is granted, the court shall, except in unusual cases where the interests of justice would best be served by a lesser penalty, require as a condition of the probation that the person be confined in the county jail for 12 months. If the court grants probation without requiring the defendant to be confined in the county jail for 12 months, it shall specify its reason or reasons for imposing a lesser penalty.
(Added by Stats. 1993, Ch. 611, Sec. 5. Effective October 1, 1993.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 3 - Kidnapping › Section 210.

210. Every person who for the purpose of obtaining any ransom or reward, or to extort or exact from any person any money or thing of value, poses as, or in any manner represents himself to be a person who has seized, confined, inveigled, enticed, decoyed, abducted, concealed, kidnapped or carried away any person, or who poses as, or in any manner represents himself to be a person who holds or detains such person, or who poses as, or in any manner represents himself to be a person who has aided or abetted any such act, or who poses as or in any manner represents himself to be a person who has the influence, power, or ability, to obtain the release of such person so seized, confined, inveigled, enticed, decoyed, abducted, concealed, kidnapped or carried away, is guilty of a felony and upon conviction thereof shall be punished by imprisonment for two, three or four years.
Nothing in this section prohibits any person who, in good faith believes that he can rescue any person who has been seized, confined, inveigled, enticed, decoyed, abducted, concealed, kidnapped or carried away, and who has had no part in, or connection with, such confinement, inveigling, decoying, abducting, concealing, kidnapping, or carrying away, from offering to rescue or obtain the release of such person for a monetary consideration or other thing of value.
(Amended by Stats. 1976, Ch. 1139.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 3.5 - Hostages › Section 210.5.

210.5. Every person who commits the offense of false imprisonment, as defined in Section 236, against a person for purposes of protection from arrest, which substantially increases the risk of harm to the victim, or for purposes of using the person as a shield is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for three, five, or eight years.
(Amended by Stats. 2011, Ch. 15, Sec. 284. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 4 - Robbery › Section 211.

211. Robbery is the felonious taking of personal property in the possession of another, from his person or immediate presence, and against his will, accomplished by means of force or fear.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 4 - Robbery › Section 212.

212. The fear mentioned in Section 211 may be either:
1. The fear of an unlawful injury to the person or property of the person robbed, or of any relative of his or member of his family; or,
2. The fear of an immediate and unlawful injury to the person or property of anyone in the company of the person robbed at the time of the robbery.
(Amended by Stats. 1963, Ch. 372.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 4 - Robbery › Section 212.5.

212.5. (a) Every robbery of any person who is performing his or her duties as an operator of any bus, taxicab, cable car, streetcar, trackless trolley, or other vehicle, including a vehicle operated on stationary rails or on a track or rail suspended in the air, and used for the transportation of persons for hire, every robbery of any passenger which is perpetrated on any of these vehicles, and every robbery which is perpetrated in an inhabited dwelling house, a vessel as defined in Section 21 of the Harbors and Navigation Code which is inhabited and designed for habitation, an inhabited floating home as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, a trailer coach as defined in the Vehicle Code which is inhabited, or the inhabited portion of any other building is robbery of the first degree.
(b) Every robbery of any person while using an automated teller machine or immediately after the person has used an automated teller machine and is in the vicinity of the automated teller machine is robbery of the first degree.
(c) All kinds of robbery other than those listed in subdivisions (a) and (b) are of the second degree.
(Amended by Stats. 1994, Ch. 919, Sec. 1. Effective January 1, 1995.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 4 - Robbery › Section 213.

213. (a) Robbery is punishable as follows:
(1) Robbery of the first degree is punishable as follows:
(A) If the defendant, voluntarily acting in concert with two or more other persons, commits the robbery within an inhabited dwelling house, a vessel as defined in Section 21 of the Harbors and Navigation Code, which is inhabited and designed for habitation, an inhabited floating home as defined in subdivision (d) of Section 18075.55 of the Health and Safety Code, a trailer coach as defined in the Vehicle Code, which is inhabited, or the inhabited portion of any other building, by imprisonment in the state prison for three, six, or nine years.
(B) In all cases other than that specified in subparagraph (A), by imprisonment in the state prison for three, four, or six years.
(2) Robbery of the second degree is punishable by imprisonment in the state prison for two, three, or five years.
(b) Notwithstanding Section 664, attempted robbery in violation of paragraph (2) of subdivision (a) is punishable by imprisonment in the state prison.
(Amended by Stats. 1994, Ch. 789, Sec. 1. Effective January 1, 1995.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 4 - Robbery › Section 214.

214. Every person who goes upon or boards any railroad train, car or engine, with the intention of robbing any passenger or other person on such train, car or engine, of any personal property thereon in the possession or care or under the control of any such passenger or other person, or who interferes in any manner with any switch, rail, sleeper, viaduct, culvert, embankment, structure or appliance pertaining to or connected with any railroad, or places any dynamite or other explosive substance or material upon or near the track of any railroad, or who sets fire to any railroad bridge or trestle, or who shows, masks, extinguishes or alters any light or other signal, or exhibits or compels any other person to exhibit any false light or signal, or who stops any such train, car or engine, or slackens the speed thereof, or who compels or attempts to compel any person in charge or control thereof to stop any such train, car or engine, or slacken the speed thereof, with the intention of robbing any passenger or other person on such train, car or engine, of any personal property thereon in the possession or charge or under the control of any such passenger or other person, is guilty of a felony.
(Added by Stats. 1905, Ch. 494.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 4 - Robbery › Section 215.

215. (a) “Carjacking” is the felonious taking of a motor vehicle in the possession of another, from his or her person or immediate presence, or from the person or immediate presence of a passenger of the motor vehicle, against his or her will and with the intent to either permanently or temporarily deprive the person in possession of the motor vehicle of his or her possession, accomplished by means of force or fear.
(b) Carjacking is punishable by imprisonment in the state prison for a term of three, five, or nine years.
(c) This section shall not be construed to supersede or affect Section 211. A person may be charged with a violation of this section and Section 211. However, no defendant may be punished under this section and Section 211 for the same act which constitutes a violation of both this section and Section 211.
(Added by Stats. 1993, Ch. 611, Sec. 6. Effective October 1, 1993.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 5 - Attempts to Kill › Section 217.1.

217.1. (a) Except as provided in subdivision (b), every person who commits any assault upon the President or Vice President of the United States, the Governor of any state or territory, any justice, judge, or former judge of any local, state, or federal court of record, any commissioner, referee, or other subordinate judicial officer of any court of record, the secretary or director of any executive agency or department of the United States or any state or territory, or any other official of the United States or any state or territory holding elective office, any mayor, city council member, county supervisor, sheriff, district attorney, prosecutor or assistant prosecutor of any local, state, or federal prosecutor’s office, a former prosecutor or assistant prosecutor of any local, state, or federal prosecutor’s office, public defender or assistant public defender of any local, state, or federal public defender’s office, a former public defender or assistant public defender of any local, state, or federal public defender’s office, the chief of police of any municipal police department, any peace officer, any juror in any local, state, or federal court of record, or the immediate family of any of these officials, in retaliation for or to prevent the performance of the victim’s official duties, shall be punished by imprisonment in the county jail not exceeding one year or by imprisonment pursuant to subdivision (h) of Section 1170.
(b) Notwithstanding subdivision (a), every person who attempts to commit murder against any person listed in subdivision (a) in retaliation for or to prevent the performance of the victim’s official duties, shall be confined in the state prison for a term of 15 years to life. The provisions of Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall apply to reduce any minimum term of 15 years in a state prison imposed pursuant to this section, but that person shall not otherwise be released on parole prior to that time.
(c) For the purposes of this section, the following words have the following meanings:
(1) “Immediate family” means spouse, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father, or stepfather.
(2) “Peace officer” means any person specified in subdivision (a) of Section 830.1 or Section 830.5.
(Amended by Stats. 2011, Ch. 15, Sec. 285. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 5 - Attempts to Kill › Section 218.

218. Every person who unlawfully throws out a switch, removes a rail, or places any obstruction on any railroad with the intention of derailing any passenger, freight or other train, car or engine, or who unlawfully places any dynamite or other explosive material or any other obstruction upon or near the track of any railroad with the intention of blowing up or derailing any such train, car or engine, or who unlawfully sets fire to any railroad bridge or trestle, over which any such train, car or engine must pass with the intention of wrecking such train, car or engine, is guilty of a felony, and shall be punished by imprisonment in the state prison for life without possibility of parole.
(Amended by Stats. 1976, Ch. 1139.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 5 - Attempts to Kill › Section 218.1.

218.1. Any person who unlawfully and with gross negligence places or causes to be placed any obstruction upon or near the track of any railroad that proximately results in either the damaging or derailing of any passenger, freight, or other train, or injures a rail passenger or employee, shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or by imprisonment in a county jail for not more than one year, or by a fine not to exceed two thousand five hundred dollars ($2,500), or by both that imprisonment and fine.
(Amended by Stats. 2011, Ch. 15, Sec. 286. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 5 - Attempts to Kill › Section 219.

219. Every person who unlawfully throws out a switch, removes a rail, or places any obstruction on any railroad with the intention of derailing any passenger, freight or other train, car or engine and thus derails the same, or who unlawfully places any dynamite or other explosive material or any other obstruction upon or near the track of any railroad with the intention of blowing up or derailing any such train, car or engine and thus blows up or derails the same, or who unlawfully sets fire to any railroad bridge or trestle over which any such train, car or engine must pass with the intention of wrecking such train, car or engine, and thus wrecks the same, is guilty of a felony and punishable with death or imprisonment in the state prison for life without possibility of parole in cases where any person suffers death as a proximate result thereof, or imprisonment in the state prison for life with the possibility of parole, in cases where no person suffers death as a proximate result thereof. The penalty shall be determined pursuant to Sections 190.3 and 190.4.
(Amended by Stats. 1977, Ch. 316.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 5 - Attempts to Kill › Section 219.1.

219.1. Every person who unlawfully throws, hurls or projects at a vehicle operated by a common carrier, while such vehicle is either in motion or stationary, any rock, stone, brick, bottle, piece of wood or metal or any other missile of any kind or character, or does any unlawful act, with the intention of wrecking such vehicle and doing bodily harm, and thus wrecks the same and causes bodily harm, is guilty of a felony and punishable by imprisonment pursuant to subdivision (h) of Section 1170 for two, four, or six years.
(Amended by Stats. 2011, Ch. 15, Sec. 287. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 5 - Attempts to Kill › Section 219.2.

219.2. Every person who willfully throws, hurls, or projects a stone or other hard substance, or shoots a missile, at a train, locomotive, railway car, caboose, cable railway car, street railway car, or bus or at a steam vessel or watercraft used for carrying passengers or freight on any of the waters within or bordering on this state, is punishable by imprisonment in the county jail not exceeding one year, or in a state prison, or by fine not exceeding two thousand dollars ($2,000), or by both such fine and imprisonment.
(Amended by Stats. 1983, Ch. 1092, Sec. 248. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 5 - Attempts to Kill › Section 219.3.

219.3. Any person who wilfully drops or throws any object or missile from any toll bridge is guilty of a misdemeanor.
(Added by Stats. 1957, Ch. 1053.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 6 - Assaults With Intent to Commit Felony, Other Than Assaults With Intent to Murder › Section 220.

220. (a) (1) Except as provided in subdivision (b), any person who assaults another with intent to commit mayhem, rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 shall be punished by imprisonment in the state prison for two, four, or six years.
(2) Except as provided in subdivision (b), any person who assaults another person under 18 years of age with the intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 shall be punished by imprisonment in the state prison for five, seven, or nine years.
(b) Any person who, in the commission of a burglary of the first degree, as defined in subdivision (a) of Section 460, assaults another with intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 shall be punished by imprisonment in the state prison for life with the possibility of parole.
(Amended by Stats. 2010, Ch. 219, Sec. 2. (AB 1844) Effective September 9, 2010. Note: This section was amended on Nov. 7, 2006, by initiative Prop. 83.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 6 - Assaults With Intent to Commit Felony, Other Than Assaults With Intent to Murder › Section 222.

222. Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, anaesthetic, or intoxicating agent, with intent thereby to enable or assist himself or herself or any other person to commit a felony, is guilty of a felony punishable by imprisonment in the state prison for 16 months, or two or three years.
(Amended by Stats. 2011, Ch. 15, Sec. 287.5. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 8 - False Imprisonment and Human Trafficking › Section 236.2.

236.2. Law enforcement agencies shall use due diligence to identify all victims of human trafficking, regardless of the citizenship of the person. When a peace officer comes into contact with a person who has been deprived of his or her personal liberty, a minor who has engaged in a commercial sex act, a person suspected of violating subdivision (a) or (b) of Section 647, or a victim of a crime of domestic violence or sexual assault, the peace officer shall consider whether the following indicators of human trafficking are present:
(a) Signs of trauma, fatigue, injury, or other evidence of poor care.
(b) The person is withdrawn, afraid to talk, or his or her communication is censored by another person.
(c) The person does not have freedom of movement.
(d) The person lives and works in one place.
(e) The person owes a debt to his or her employer.
(f) Security measures are used to control who has contact with the person.
(g) The person does not have control over his or her own government-issued identification or over his or her worker immigration documents.
(Amended November 6, 2012, by initiative Proposition 35, Sec. 7.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 8 - False Imprisonment and Human Trafficking › Section 236.21.

236.21. (a) (1) A victim of human trafficking or abuse, as defined in Section 236.1 of this code or Section 1038.2 of the Evidence Code, has the right to have a human trafficking advocate and a support person of the victim’s choosing present at an interview by a law enforcement authority, prosecutor, or the suspect’s defense attorney. The law enforcement officer or prosecutor may exclude the support person from the interview if the law enforcement officer or prosecutor believes that the support person’s presence would be detrimental to the process.
(2) Prior to being present at an interview conducted by a law enforcement authority, prosecutor, or the suspect’s defense attorney, a human trafficking advocate shall advise the victim of applicable limitations on the confidentiality of communications between the victim and the human trafficking advocate.
(3) For purposes of this section, the following definitions apply:
(A) “Human trafficking advocate” means a person employed by an organization specified in Section 1038.2 of the Evidence Code.
(B) “Support person” means a family member or friend of the survivor and does not include the human trafficking advocate.
(b) (1) Prior to the commencement of the initial interview by a law enforcement authority or a prosecutor pertaining to a criminal action arising out of a human trafficking incident, a victim of human trafficking or abuse, as defined in Section 236.1 of this code or Section 1038.2 of the Evidence Code, shall be notified orally or in writing by the attending law enforcement authority or prosecutor that the victim has the right to have a human trafficking advocate and a support person of the victim’s choosing present at the interview.
(2) At the time the victim is advised of their rights under paragraph (1), the attending law enforcement authority or prosecutor shall also advise the victim of the right to have a human trafficking advocate and a support person present at an interview by the suspect’s defense attorney or investigators or agents employed by the suspect’s defense attorney.
(3) This subdivision applies to investigators and agents employed or retained by law enforcement or the prosecutor.
(c) An initial investigation by law enforcement to determine whether a crime has been committed and the identity of the suspects does not constitute a law enforcement interview for purposes of this section.
(Added by Stats. 2023, Ch. 109, Sec. 1. (SB 376) Effective January 1, 2024.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 8 - False Imprisonment and Human Trafficking › Section 236.3.

236.3. Upon conviction of a violation of Section 236.1, if real property is used to facilitate the commission of the offense, the procedures for determining whether the property constitutes a nuisance and the remedies imposed therefor as provided in Article 2 (commencing with Section 11225) of Chapter 3 of Title 1 of Part 4 shall apply.
(Added by Stats. 2010, Ch. 625, Sec. 1. (SB 677) Effective January 1, 2011.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 8 - False Imprisonment and Human Trafficking › Section 236.4.

236.4. (a) Upon the conviction of a person of a violation of Section 236.1, the court may, in addition to any other penalty, fine, or restitution imposed, order the defendant to pay an additional fine not to exceed one million dollars ($1,000,000). In setting the amount of the fine, the court shall consider any relevant factors, including, but not limited to, the seriousness and gravity of the offense, the circumstances and duration of its commission, the amount of economic gain the defendant derived as a result of the crime, and the extent to which the victim suffered losses as a result of the crime.
(b) Any person who inflicts great bodily injury on a victim in the commission or attempted commission of a violation of Section 236.1 shall be punished by an additional and consecutive term of imprisonment in the state prison for 5, 7, or 10 years.
(c) Any person who has previously been convicted of a violation of any crime specified in Section 236.1 shall receive an additional and consecutive term of imprisonment in the state prison for 5 years for each additional conviction on charges separately brought and tried.
(d) Every fine imposed and collected pursuant to Section 236.1 and this section shall be deposited in the Victim-Witness Assistance Fund, to be administered by the California Emergency Management Agency (Cal EMA), to fund grants for services for victims of human trafficking. Seventy percent of the fines collected and deposited shall be granted to public agencies and nonprofit corporations that provide shelter, counseling, or other direct services for trafficked victims. Thirty percent of the fines collected and deposited shall be granted to law enforcement and prosecution agencies in the jurisdiction in which the charges were filed to fund human trafficking prevention, witness protection, and rescue operations.
(Added November 6, 2012, by initiative Proposition 35, Sec. 8.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 8 - False Imprisonment and Human Trafficking › Section 236.5.

236.5. (a) Within 15 business days of the first encounter with a victim of human trafficking, as defined by Section 236.1, law enforcement agencies shall provide brief letters that satisfy the following Law Enforcement Agency (LEA) endorsement regulations as found in paragraph (1) of subdivision (f) of Section 214.11 of Title 8 of the Code of Federal Regulations.
(b) The LEA must be submitted on Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons, of Form I-914. The LEA endorsement must be filled out completely in accordance with the instructions contained on the form and must attach the results of any name or database inquiry performed. In order to provide persuasive evidence, the LEA endorsement must contain a description of the victimization upon which the application is based, including the dates the trafficking in persons and victimization occurred, and be signed by a supervising official responsible for the investigation or prosecution of trafficking in persons. The LEA endorsement must address whether the victim had been recruited, harbored, transported, provided, or obtained specifically for either labor or services, or for the purposes of a commercial sex act.
(c) Where state law enforcement agencies find the grant of a LEA endorsement to be inappropriate for a victim of trafficking in persons, the agency shall within 15 days provide the victim with a letter explaining the grounds of the denial of the LEA. The victim may submit additional evidence to the law enforcement agency, which must reconsider the denial of the LEA within one week of the receipt of additional evidence.
(Added by renumbering Section 236.2 by Stats. 2008, Ch. 358, Sec. 3. Effective January 1, 2009.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 8 - False Imprisonment and Human Trafficking › Section 236.8.

236.8. (a) If the prosecuting agency, in conjunction with the criminal proceeding, files a petition of forfeiture with the superior court of the county in which the defendant has been charged with human trafficking that involves a commercial sex act, as defined in paragraph (2) of subdivision (g) of Section 236.1, where the victim was less than 18 years of age at the time of the commission of the crime, the prosecuting agency shall make service of process of a notice regarding that petition upon every individual who may have a property interest in the alleged proceeds or instruments. The notice shall state that any interested party may file a verified claim with the superior court stating the amount of their claimed interest and an affirmation or denial of the prosecuting agency’s allegation. If the notice cannot be given by registered mail or personal delivery, the notice shall be published for at least three successive weeks in a newspaper of general circulation in the county where the property is located. If the property alleged to be subject to forfeiture is real property, the prosecuting agency shall, at the time of filing the petition of forfeiture, record a lis pendens with the county recorder in each county in which the real property is situated that specifically identifies the real property alleged to be subject to forfeiture. The judgment of forfeiture shall not affect the interest in real property of a third party that was acquired prior to the recording of the lis pendens.
(b) All notices shall set forth the time within which a claim of interest in the property seized is required to be filed pursuant to Section 236.9.
(Added by Stats. 2012, Ch. 514, Sec. 3. (SB 1133) Effective January 1, 2013.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 8 - OF CRIMES AGAINST THE PERSON › CHAPTER 8 - False Imprisonment and Human Trafficking › Section 236.9.

236.9. (a) A person claiming an interest in the property, proceeds, or instruments may, at any time within 30 days from the date of the first publication of the notice of seizure or within 30 days after receipt of actual notice, file with the superior court of the county in which the action is pending a verified claim stating his or her interest in the property, proceeds, or instruments. A verified copy of the claim shall be given by the claimant to the Attorney General or district attorney, as appropriate.
(b) (1) If, at the end of the time set forth in subdivision (a), an interested person, other than the defendant, has not filed a claim, the court, upon motion, shall declare that the person has defaulted upon his or her alleged interest and the interest shall be subject to forfeiture upon proof of the provisions of subdivision (d).
(2) The defendant may admit or deny that the property is subject to forfeiture pursuant to the provisions of this chapter. If the defendant fails to admit or deny or to file a claim of interest in the property, proceeds, or instruments, the court shall enter a response of denial on behalf of the defendant.
(c) (1) The forfeiture proceeding shall be set for hearing in the superior court in which the underlying criminal offense will be tried.
(2) If the defendant is found guilty of the underlying offense, the issue of forfeiture shall be promptly tried, either before the same jury or before a new jury in the discretion of the court, unless waived by the consent of all parties.
(d) At the forfeiture hearing, the prosecuting agency shall have the burden of establishing beyond a reasonable doubt that the property alleged in the petition comes within the provisions of Section 236.7.
(e) Unless the trier of fact finds that the seized property was used for a purpose for which forfeiture is permitted, the court shall order the seized property released to the person that the court determines is entitled to possession of that property. If the trier of fact finds that the seized property was used for a purpose for which forfeiture is permitted, but does not find that a person who has a valid interest in the property had actual knowledge that the property would be or was used for a purpose for which forfeiture is permitted and consented to that use, the court shall order the property released to the claimant.
(Added by Stats. 2012, Ch. 514, Sec. 4. (SB 1133) Effective January 1, 2013.)