reglab/statecodes huggingface dataset:
2023 California Code › Military and Veterans Code - MVC › DIVISION 7 - NATIONAL DEFENSE › CHAPTER 2 - Sabotage Prevention Act of 1950 › ARTICLE 3 - Sabotage › Section 1674.

1674. If two or more persons conspire to commit any crime defined by this chapter, each is guilty of conspiracy and subject to the same punishment as if he had committed the crime which he conspired to commit, whether or not any act be done in furtherance of the conspiracy. The fact that any of his fellow conspirators has been acquitted, has not been arrested or convicted, is not amenable to justice, or has been pardoned or otherwise discharged before or after conviction does not constitute a defense or ground of suspension of judgment, sentence, or punishment for any person prosecuted under this section.
(Added by Stats. 1953, Ch. 68.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 7 - NATIONAL DEFENSE › CHAPTER 3 - Reinstatement of Public Officers After Military Service › Section 1690.

1690. Any elected officer of the State who is called to serve with the armed forces of the United States has a right to return to and to re-enter upon his office after the termination of his active service with the armed forces if the term for which he is elected has not expired.
(Added by Stats. 1953, Ch. 68.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 7 - NATIONAL DEFENSE › CHAPTER 3 - Reinstatement of Public Officers After Military Service › Section 1691.

1691. Upon his return and re-entry or his return to the office he shall have all of the rights and privileges in, connected with, or arising out of, the office which he would have enjoyed if he had not been absent.
(Added by Stats. 1953, Ch. 68.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 7 - NATIONAL DEFENSE › CHAPTER 3 - Reinstatement of Public Officers After Military Service › Section 1692.

1692. Any vacancy created by such absence may be filled by a temporary appointment, as provided by law, for a term not to extend beyond the time of the return and re-entry to the office by such absent person or beyond the term for which he is elected.
(Added by Stats. 1953, Ch. 68.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 7 - NATIONAL DEFENSE › CHAPTER 3 - Reinstatement of Public Officers After Military Service › Section 1693.

1693. If any such officer was required by law to file an oath of office or to execute a bond prior to his original entry upon the duties of the office, he shall file an oath and execute a bond in like manner and form prior to his re-entry upon the duties of the office.
(Added by Stats. 1953, Ch. 68.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 8 - VETERANS' WELFARE › CHAPTER 1 - Solicitation for Veterans Benefits › Section 1800.

1800. As used in Section 1801:
(a) “Veterans’ organizations” means any duly congressionally recognized or chartered organization of honorably discharged members of the Armed Forces of the United States, or any of their auxiliaries, including, but not limited to, the Air Force Sergeants Association, American Ex-Prisoners of War, American Legion, American Veterans, Armed Forces Retirees Association of California, Association of the United States Army, Blinded Veterans Association, California Association of County Veterans Service Officers, California State Commanders Veterans Council, Disabled American Veterans, Fleet Reserve Association, Jewish War Veterans, Legion of Valor, Marine Corps League, Military Officers Association of America, Military Order of the Purple Heart, National Association for Uniformed Services, Paralyzed Veterans of America, Reserve Officers Association, Retired Enlisted Association, Veterans of Foreign Wars, Vietnam Veterans of America, or WAVES National.
(b) “Poppy” means any article fashioned of cloth, paper, or other material which represents or resembles the poppy or other flower.
(c) “Badge” means any badge, rosette, lapel button, or other insignia of any veterans’ organization or any imitation thereof.
(d) “Label” means any card, paper, sign, certificate, banner, or other material containing the name of or a similar name to that of any veterans’ organization.
(Amended by Stats. 2006, Ch. 206, Sec. 1. Effective January 1, 2007.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 8 - VETERANS' WELFARE › CHAPTER 1 - Solicitation for Veterans Benefits › Section 1801.

1801. It is unlawful for any person to do any of the following acts:
(a) To hawk, peddle, vend, offer to sell, give away, or offer to give away any poppy, badge, or label, which appears to be, or is represented directly or indirectly as being, sponsored, endorsed, or offered by any veterans’ organization, when such poppy, badge, or label is not so sponsored, endorsed, or offered by any veterans’ organization.
(b) To represent in any way, directly or indirectly, that any poppy, badge, or label is sponsored, endorsed, or is being offered by a veterans’ organization when it is in fact not so sponsored, endorsed, or offered by that veterans’ organization.
(c) To represent in any way, directly or indirectly that any act of solicitation of the contribution of funds or property or for the purchase or sale of any merchandise or services is sponsored, endorsed, or made by or at the request of a veterans’ organization when it is not in fact so sponsored, endorsed, or made by that veterans’ organization.
(d) To manufacture, process, assemble or distribute, or offer for sale, any poppy, badge, or label which appears to be, or is represented directly or indirectly as being, sponsored, endorsed, or offered by any veterans’ organization, when such poppy, badge, or label is not so sponsored, endorsed, or offered by any veterans’ organization.
Any person, whether or not an honorably discharged member of the Armed Forces of the United States, and whether or not licensed to hawk, peddle, or vend goods, wares, or merchandise, who violates this section is guilty of a misdemeanor.
(Amended by Stats. 2006, Ch. 206, Sec. 2. Effective January 1, 2007.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 8 - VETERANS' WELFARE › CHAPTER 1 - Solicitation for Veterans Benefits › Section 1802.

1802. Any person who solicits funds for the benefit of any veteran or veterans’ association and who uses such funds for purposes other than those represented in the solicitation is guilty of a misdemeanor.
(Added by Stats. 1953, Ch. 68.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 8 - VETERANS' WELFARE › CHAPTER 2 - Veterans Organizations and Insignia › Section 1820.

1820. Any person who willfully wears or uses the badge, lapel button, rosette, or other recognized and estimable insignia of the veterans’ organizations specified in subdivision (a) of Section 1800, unless he or she is entitled to wear or use it under the rules and regulations and with the express permission of the veterans’ organizations specified in subdivision (a) of Section 1800, is guilty of a misdemeanor and is punishable for a first conviction by imprisonment for a term not to exceed 30 days in the county jail, or a fine not to exceed five hundred dollars ($500), except that if the person has been previously convicted of a violation of this section, that conviction shall be specified in the accusation and if found to be true or admitted by the person, a second or succeeding violation of this section is punishable by imprisonment not to exceed six months in the county jail, or a fine not to exceed one thousand dollars ($1,000), or both fine and imprisonment.
Nothing in this section shall preclude prosecution for violation of any other law.
(Amended by Stats. 2006, Ch. 206, Sec. 3. Effective January 1, 2007.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 8 - VETERANS' WELFARE › CHAPTER 2 - Veterans Organizations and Insignia › Section 1821.

1821. A person who falsely represents himself or herself in a manner specified in Section 532b of the Penal Code shall be guilty of a misdemeanor or infraction, as prescribed by Section 532b of the Penal Code.
(Added by Stats. 2010, Ch. 366, Sec. 2. (AB 1829) Effective January 1, 2011.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 8 - VETERANS' WELFARE › CHAPTER 3 - Prisoners of War and Missing in Action › Section 1830.

1830. In enacting this chapter, the Legislature recognizes all of the following:
(a) California citizens have fought for their nation in many wars.
(b) Hundreds of Californians who served in those wars were captured by the enemy or are missing in action.
(c) Two hundred forty-three Californians who served in the Vietnam War remain unaccounted for.
(d) Nine hundred family members of Vietnam era POW/MIAs reside in California.
(e) The uncertain fate of the 2,400 American citizens still held as POWs or listed as missing in action causes their families acute hardship and pain.
(Added by Stats. 1988, Ch. 943, Sec. 1. Effective September 16, 1988.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 8 - VETERANS' WELFARE › CHAPTER 3 - Prisoners of War and Missing in Action › Section 1831.

1831. (a) So that the people of California will not forget the sacrifices of those members of the United States Armed Forces who, after the termination of hostilities, remain prisoners of war or are missing in action, as well as the sacrifices of missing United States nonmilitary personnel and civilians, the Governor shall annually proclaim the third Friday of September to be known as Prisoner-of-War/Missing-in-Action (POW/MIA) Recognition Day.
(b) The flag of the National League of POW/MIA Families (POW/MIA Flag) is a black and white banner symbolizing those members of the United States Armed Forces who are listed as POW or MIA. The flag serves as a powerful reminder to people everywhere of our country’s firm resolve to achieve the fullest possible accounting for every member of the United States Armed Forces, and United States nonmilitary personnel and civilians. The flag shall be flown during business hours, at all state-owned buildings or facilities where the United States Flag and the California State Flag fly, if the flag can be attached to existing flagpoles or other existing structures on which the United States Flag or California Flag fly. The state may accept donations of POW/MIA Flags and related materials.
(c) The flag shall be flown at the Vietnam Veterans Memorial located on the grounds of the State Capitol whenever the United States Flag is flown at that location.
(d) Additionally, the Governor and the Legislature are authorized and requested to issue proclamations calling upon the people, schools, and local governments of California to recognize POW/MIA Recognition Day with appropriate ceremonies and activities.
(Amended by Stats. 2009, Ch. 47, Sec. 1. (SB 369) Effective January 1, 2010.)
2023 California Code › Military and Veterans Code - MVC › DIVISION 8 - VETERANS' WELFARE › CHAPTER 4 - Veterans In State Prison › Section 1840.

1840. The Department of Corrections and Rehabilitation shall develop guidance policies relative to the release of veterans who are inmates. The policies shall be developed with the intent to assist veterans who are inmates in pursuing claims for federal veterans’ benefits, or in establishing rights to any other privilege, preference, care, or compensation provided under federal or state law because of honorable service in the military. In developing the policies, the department may coordinate with the Department of Veterans Affairs and the county veterans service officer or veterans service organizations.
(Added by Stats. 2012, Ch. 407, Sec. 1. (AB 2490) Effective January 1, 2013.)
2023 California Code › Penal Code - PEN › TITLE OF THE ACT › Section 1.

1. This Act shall be known as The Penal Code of California, and is divided into four parts, as follows:
I.—OF CRIMES AND PUNISHMENTS.
II.—OF CRIMINAL PROCEDURE.
III.—OF THE STATE PRISON AND COUNTY JAILS.
IV.—OF PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS.
(Amended by Stats. 1985, Ch. 367, Sec. 1.)
2023 California Code › Penal Code - PEN › PRELIMINARY PROVISIONS › Section 6.

6. 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.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PRELIMINARY PROVISIONS › Section 7.5.

7.5. 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.
(Added by Stats. 1998, Ch. 162, Sec. 1. Effective January 1, 1999.)
2023 California Code › Penal Code - PEN › PRELIMINARY PROVISIONS › Section 9.

9. 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.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PRELIMINARY PROVISIONS › Section 10.

10. 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.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PRELIMINARY PROVISIONS › Section 11.

11. 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.
(Amended by Stats. 1989, Ch. 897, Sec. 4.)
2023 California Code › Penal Code - PEN › PRELIMINARY PROVISIONS › Section 15.

15. 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.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PRELIMINARY PROVISIONS › Section 17.2.

17.2. (a) It is the intent of the Legislature that the disposition of any criminal case use the least restrictive means available.
(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) The court shall have the discretion to determine the appropriate sentence according to relevant statutes and the sentencing rules of the Judicial Council.
(Added by Stats. 2022, Ch. 775, Sec. 2. (AB 2167) Effective January 1, 2023.)
2023 California Code › Penal Code - PEN › PRELIMINARY PROVISIONS › Section 17.7.

17.7. The Legislature finds and declares the following:
(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) 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) 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.
(Added by Stats. 2014, Ch. 26, Sec. 11. (AB 1468) Effective June 20, 2014.)
2023 California Code › Penal Code - PEN › PRELIMINARY PROVISIONS › Section 18.

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) 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.
(Amended (as amended by Stats. 2011, Ch. 15, Sec. 230) by Stats. 2011, 1st Ex. Sess., Ch. 12, Sec. 7. (AB 17 1x) Effective September 21, 2011. Operative October 1, 2011, by Sec. 46 of Ch. 12.)
2023 California Code › Penal Code - PEN › PRELIMINARY PROVISIONS › Section 18.5.

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) 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).
(Amended by Stats. 2016, Ch. 789, Sec. 1. (SB 1242) Effective January 1, 2017.)
2023 California Code › Penal Code - PEN › PRELIMINARY PROVISIONS › Section 19.

19. 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.
(Amended by Stats. 1983, Ch. 1092, Sec. 231. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
2023 California Code › Penal Code - PEN › PRELIMINARY PROVISIONS › Section 19.2.

19.2. 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.
(Amended by Stats. 2011, Ch. 15, Sec. 231. (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 › PRELIMINARY PROVISIONS › Section 19.6.

19.6. 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.
(Added by renumbering Section 19c by Stats. 1989, Ch. 897, Sec. 8.)
2023 California Code › Penal Code - PEN › PRELIMINARY PROVISIONS › Section 19.7.

19.7. 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.
(Added by renumbering Section 19d by Stats. 1989, Ch. 897, Sec. 9.)
2023 California Code › Penal Code - PEN › PRELIMINARY PROVISIONS › Section 19.8.

19.8. (a) The following offenses are subject to subdivision (d) of Section 17: Sections 193.8, 330, 415, 485, 490.7, 555, 602.13, and 853.7 of this code; subdivision (c) of Section 532b, and subdivision (o) of Section 602 of this code; subdivision (b) of Section 25658 and Sections 21672, 25661, and 25662 of the Business and Professions Code; Section 27204 of the Government Code; subdivision (c) of Section 23109 and Sections 5201.1, 12500, 14601.1, 27150.1, 40508, and 42005 of the Vehicle Code, and any other offense that the Legislature makes subject to subdivision (d) of Section 17. 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) Except in cases where a different punishment is prescribed, every offense declared to be an infraction is punishable by a fine not exceeding two hundred fifty dollars ($250).
(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.
(Amended by Stats. 2015, Ch. 303, Sec. 383. (AB 731) Effective January 1, 2016.)
2023 California Code › Penal Code - PEN › PRELIMINARY PROVISIONS › Section 19.9.

19.9. 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.
(Added by Stats. 2012, Ch. 43, Sec. 14. (SB 1023) Effective June 27, 2012.)
2023 California Code › Penal Code - PEN › PRELIMINARY PROVISIONS › Section 23.

23. 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.
(Amended by Stats. 2002, Ch. 545, Sec. 3. Effective January 1, 2003.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 1 - OF PERSONS LIABLE TO PUNISHMENT FOR CRIME › Section 25.

25. (a) The defense of diminished capacity is hereby abolished. In a criminal action, as well as any juvenile court proceeding, evidence concerning an accused person’s intoxication, trauma, mental illness, disease, or defect shall not be admissible to show or negate capacity to form the particular purpose, intent, motive, malice aforethought, knowledge, or other mental state required for the commission of the crime charged.
(b) In any criminal proceeding, including any juvenile court proceeding, in which a plea of not guilty by reason of insanity is entered, this defense shall be found by the trier of fact only when the accused person proves by a preponderance of the evidence that he or she was incapable of knowing or understanding the nature and quality of his or her act and of distinguishing right from wrong at the time of the commission of the offense.
(c) Notwithstanding the foregoing, evidence of diminished capacity or of a mental disorder may be considered by the court only at the time of sentencing or other disposition or commitment.
(d) The provisions of this section shall not be amended by the Legislature except by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electors.
(Added June 8, 1982, by initiative Proposition 8, Sec. 4. Note: Prop. 8 is titled The Victims' Bill of Rights.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 1 - OF PERSONS LIABLE TO PUNISHMENT FOR CRIME › Section 26.

26. All persons are capable of committing crimes except those belonging to the following classes:
One—Children under the age of 14, in the absence of clear proof that at the time of committing the act charged against them, they knew its wrongfulness.
Two—Persons who are mentally incapacitated.
Three—Persons who committed the act or made the omission charged under an ignorance or mistake of fact, which disproves any criminal intent.
Four—Persons who committed the act charged without being conscious thereof.
Five—Persons who committed the act or made the omission charged through misfortune or by accident, when it appears that there was no evil design, intention, or culpable negligence.
Six—Persons (unless the crime be punishable with death) who committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to and did believe their lives would be endangered if they refused.
(Amended by Stats. 2007, Ch. 31, Sec. 3. Effective January 1, 2008.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 1 - OF PERSONS LIABLE TO PUNISHMENT FOR CRIME › Section 27.

27. (a) The following persons are liable to punishment under the laws of this state:
(1) All persons who commit, in whole or in part, any crime within this state.
(2) All who commit any offense without this state which, if committed within this state, would be larceny, carjacking, robbery, or embezzlement under the laws of this state, and bring the property stolen or embezzled, or any part of it, or are found with it, or any part of it, within this state.
(3) All who, being without this state, cause or aid, advise or encourage, another person to commit a crime within this state, and are afterwards found therein.
(b) Perjury, in violation of Section 118, is punishable also when committed outside of California to the extent provided in Section 118.
(Amended by Stats. 1993, Ch. 611, Sec. 2. Effective October 1, 1993.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 1 - OF PERSONS LIABLE TO PUNISHMENT FOR CRIME › Section 28.

28. (a) Evidence of mental disease, mental defect, or mental disorder shall not be admitted to show or negate the capacity to form any mental state, including, but not limited to, purpose, intent, knowledge, premeditation, deliberation, or malice aforethought, with which the accused committed the act. Evidence of mental disease, mental defect, or mental disorder is admissible solely on the issue of whether or not the accused actually formed a required specific intent, premeditated, deliberated, or harbored malice aforethought, when a specific intent crime is charged.
(b) As a matter of public policy there shall be no defense of diminished capacity, diminished responsibility, or irresistible impulse in a criminal action or juvenile adjudication hearing.
(c) This section shall not be applicable to an insanity hearing pursuant to Section 1026.
(d) Nothing in this section shall limit a court’s discretion, pursuant to the Evidence Code, to exclude psychiatric or psychological evidence on whether the accused had a mental disease, mental defect, or mental disorder at the time of the alleged offense.
(Amended by Stats. 2002, Ch. 784, Sec. 528. Effective January 1, 2003.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 1 - OF PERSONS LIABLE TO PUNISHMENT FOR CRIME › Section 29.

29. In the guilt phase of a criminal action, any expert testifying about a defendant’s mental illness, mental disorder, or mental defect shall not testify as to whether the defendant had or did not have the required mental states, which include, but are not limited to, purpose, intent, knowledge, or malice aforethought, for the crimes charged. The question as to whether the defendant had or did not have the required mental states shall be decided by the trier of fact.
(Repealed and added by Stats. 1984, Ch. 1433, Sec. 3.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 1 - OF PERSONS LIABLE TO PUNISHMENT FOR CRIME › Section 29.2.

29.2. (a) The intent or intention is manifested by the circumstances connected with the offense.
(b) In the guilt phase of a criminal action or a juvenile adjudication hearing, evidence that the accused lacked the capacity or ability to control his or her conduct for any reason shall not be admissible on the issue of whether the accused actually had any mental state with respect to the commission of any crime. This subdivision is not applicable to Section 26.
(Added by renumbering Section 21 by Stats. 2012, Ch. 162, Sec. 118. (SB 1171) Effective January 1, 2013.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 1 - OF PERSONS LIABLE TO PUNISHMENT FOR CRIME › Section 29.4.

29.4. (a) No act committed by a person while in a state of voluntary intoxication is less criminal by reason of his or her having been in that condition. Evidence of voluntary intoxication shall not be admitted to negate the capacity to form any mental states for the crimes charged, including, but not limited to, purpose, intent, knowledge, premeditation, deliberation, or malice aforethought, with which the accused committed the act.
(b) Evidence of voluntary intoxication is admissible solely on the issue of whether or not the defendant actually formed a required specific intent, or, when charged with murder, whether the defendant premeditated, deliberated, or harbored express malice aforethought.
(c) Voluntary intoxication includes the voluntary ingestion, injection, or taking by any other means of any intoxicating liquor, drug, or other substance.
(Added by renumbering Section 22 by Stats. 2012, Ch. 162, Sec. 119. (SB 1171) Effective January 1, 2013.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 1 - OF PERSONS LIABLE TO PUNISHMENT FOR CRIME › Section 29.8.

29.8. In any criminal proceeding in which a plea of not guilty by reason of insanity is entered, this defense shall not be found by the trier of fact solely on the basis of a personality or adjustment disorder, a seizure disorder, or an addiction to, or abuse of, intoxicating substances. This section shall apply only to persons who utilize this defense on or after the operative date of the section.
(Added by renumbering Section 25.5 by Stats. 2012, Ch. 162, Sec. 120. (SB 1171) Effective January 1, 2013.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 2 - OF PARTIES TO CRIME › Section 31.

31. All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission, and all persons counseling, advising, or encouraging children under the age of fourteen years, or persons who are mentally incapacitated, to commit any crime, or who, by fraud, contrivance, or force, occasion the drunkenness of another for the purpose of causing him to commit any crime, or who, by threats, menaces, command, or coercion, compel another to commit any crime, are principals in any crime so committed.
(Amended by Stats. 2007, Ch. 31, Sec. 4. Effective January 1, 2008.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 2 - OF PARTIES TO CRIME › Section 32.

32. Every person who, after a felony has been committed, harbors, conceals or aids a principal in such felony, with the intent that said principal may avoid or escape from arrest, trial, conviction or punishment, having knowledge that said principal has committed such felony or has been charged with such felony or convicted thereof, is an accessory to such felony.
(Amended by Stats. 1935, Ch. 436.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 2 - OF PARTIES TO CRIME › Section 33.

33. Except in cases where a different punishment is prescribed, an accessory is punishable by a fine not exceeding five thousand dollars ($5,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both such fine and imprisonment.
(Amended by Stats. 2011, Ch. 15, Sec. 232. (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 3 - OF OFFENSES AGAINST THE SOVEREIGNTY OF THE STATE › Section 37.

37. (a) Treason against this state consists only in levying war against it, adhering to its enemies, or giving them aid and comfort, and can be committed only by persons owing allegiance to the state. The punishment of treason shall be death or life imprisonment without possibility of parole. The penalty shall be determined pursuant to Sections 190.3 and 190.4.
(b) Upon a trial for treason, the defendant cannot be convicted unless upon the testimony of two witnesses to the same overt act, or upon confession in open court; nor, except as provided in Sections 190.3 and 190.4, can evidence be admitted of an overt act not expressly charged in the indictment or information; nor can the defendant be convicted unless one or more overt acts be expressly alleged therein.
(Amended by Stats. 1989, Ch. 897, Sec. 12.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 3 - OF OFFENSES AGAINST THE SOVEREIGNTY OF THE STATE › Section 38.

38. Misprision of treason is the knowledge and concealment of treason, without otherwise assenting to or participating in the crime. It is punishable by imprisonment pursuant to subdivision (h) of Section 1170.
(Amended by Stats. 2011, Ch. 15, Sec. 233. (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 5 - OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE › Section 67.

67. Every person who gives or offers any bribe to any executive officer in this state, with intent to influence him in respect to any act, decision, vote, opinion, or other proceeding as such officer, is punishable by imprisonment in the state prison for two, three or four years, and is disqualified from holding any office in this state.
(Amended by Stats. 1976, Ch. 1139.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 5 - OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE › Section 67.5.

67.5. (a) Every person who gives or offers as a bribe to any ministerial officer, employee, or appointee of the State of California, county or city therein, or political subdivision thereof, any thing the theft of which would be petty theft is guilty of a misdemeanor.
(b) If the theft of the thing given or offered would be grand theft the offense is a felony punishable by imprisonment pursuant to subdivision (h) of Section 1170.
(Amended by Stats. 2011, Ch. 15, Sec. 234. (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 5 - OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE › Section 68.

68. (a) Every executive or ministerial officer, employee, or appointee of the State of California, a county or city therein, or a political subdivision thereof, who asks, receives, or agrees to receive, any bribe, upon any agreement or understanding that his or her vote, opinion, or action upon any matter then pending, or that may be brought before him or her in his or her official capacity, shall be influenced thereby, is punishable by imprisonment in the state prison for two, three, or four years and, in cases in which no bribe has been actually received, by a restitution fine of not less than two thousand dollars ($2,000) or not more than ten thousand dollars ($10,000) or, in cases in which a bribe was actually received, by a restitution fine of at least the actual amount of the bribe received or two thousand dollars ($2,000), whichever is greater, or any larger amount of not more than double the amount of any bribe received or ten thousand dollars ($10,000), whichever is greater, and, in addition thereto, forfeits his or her office, employment, or appointment, and is forever disqualified from holding any office, employment, or appointment, in this state.
(b) In imposing a restitution fine pursuant to this section, the court shall consider the defendant’s ability to pay the fine.
(Amended by Stats. 2002, Ch. 664, Sec. 169. Effective January 1, 2003.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 5 - OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE › Section 69.

69. (a) Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon the officer by law, or who knowingly resists, by the use of force or violence, the officer, in the performance of his or her duty, is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both such fine and imprisonment.
(b) The fact that a person takes a photograph or makes an audio or video recording of an executive officer, while the officer is in a public place or the person taking the photograph or making the recording is in a place he or she has the right to be, does not constitute, in and of itself, a violation of subdivision (a).
(Amended by Stats. 2015, Ch. 177, Sec. 1. (SB 411) Effective January 1, 2016.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 5 - OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE › Section 70.5.

70.5. Every commissioner of civil marriages or every deputy commissioner of civil marriages who accepts any money or other thing of value for performing any marriage pursuant to Section 401 of the Family Code, including any money or thing of value voluntarily tendered by the persons about to be married or who have been married by the commissioner of civil marriages or deputy commissioner of civil marriages, other than a fee expressly imposed by law for performance of a marriage, whether the acceptance occurs before or after performance of the marriage and whether or not performance of the marriage is conditioned on the giving of such money or the thing of value by the persons being married, is guilty of a misdemeanor.
It is not a necessary element of the offense described by this section that the acceptance of the money or other thing of value be committed with intent to commit extortion or with other criminal intent.
This section does not apply to the request or acceptance by any retired commissioner of civil marriages of a fee for the performance of a marriage.
This section is inapplicable to the acceptance of a fee for the performance of a marriage on Saturday, Sunday, or a legal holiday.
(Amended by Stats. 1992, Ch. 163, Sec. 100. Effective January 1, 1993. Operative January 1, 1994, by Sec. 161 of Ch. 163.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 5 - OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE › Section 71.

71. (a) Every person who, with intent to cause, attempts to cause, or causes, any officer or employee of any public or private educational institution or any public officer or employee to do, or refrain from doing, any act in the performance of his duties, by means of a threat, directly communicated to such person, to inflict an unlawful injury upon any person or property, and it reasonably appears to the recipient of the threat that such threat could be carried out, is guilty of a public offense punishable as follows:
(1) Upon a first conviction, such person is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both that fine and imprisonment.
(2) If the person has been previously convicted of a violation of this section, such previous conviction shall be charged in the accusatory pleading, and if that previous conviction is found to be true by the jury, upon a jury trial, or by the court, upon a court trial, or is admitted by the defendant, he or she is punishable by imprisonment pursuant to subdivision (h) of Section 1170.
(b) As used in this section, “directly communicated” includes, but is not limited to, a communication to the recipient of the threat by telephone, telegraph, or letter.
(Amended by Stats. 2011, Ch. 15, Sec. 236. (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 5 - OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE › Section 72.

72. Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine, or by imprisonment pursuant to subdivision (h) of Section 1170, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine.
As used in this section “officer” includes a “carrier,” as defined in subdivision (a) of Section 14124.70 of the Welfare and Institutions Code, authorized to act as an agent for a state board or officer or a county, city, or district board or officer, as the case may be.
(Amended by Stats. 2011, Ch. 15, Sec. 237. (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 5 - OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE › Section 72.5.

72.5. (a) Every person who, knowing a claim seeks public funds for reimbursement of costs incurred in attending a political function organized to support or oppose any political party or political candidate, presents such a claim for allowance or for payment to any state board or officer, or to any county, city, or district board or officer authorized to allow or pay such claims, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000), or by both such imprisonment and fine, or by imprisonment pursuant to subdivision (h) of Section 1170, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine.
(b) Every person who, knowing a claim seeks public funds for reimbursement of costs incurred to gain admittance to a political function expressly organized to support or oppose any ballot measure, presents such a claim for allowance or for payment to any state board or officer, or to any county, city, or district board or officer authorized to allow or pay those claims is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine, or by imprisonment pursuant to subdivision (h) of Section 1170, by a fine of not exceeding ten thousand dollars ($10,000), or by both that imprisonment and fine.
(Amended by Stats. 2011, Ch. 15, Sec. 238. (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 5 - OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE › Section 73.

73. Every person who gives or offers any gratuity or reward, in consideration that he or any other person shall be appointed to any public office, or shall be permitted to exercise or discharge the duties thereof, is guilty of a misdemeanor.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 5 - OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE › Section 74.

74. Every public officer who, for any gratuity or reward, appoints another person to a public office, or permits another person to exercise or discharge any of the duties of his office, is punishable by a fine not exceeding ten thousand dollars ($10,000), and, in addition thereto, forfeits his office and is forever disqualified from holding any office in this state.
(Amended by Stats. 1983, Ch. 1092, Sec. 234. 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 5 - OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE › Section 77.

77. The various provisions of this title, except Section 76, apply to administrative and ministerial officers, in the same manner as if they were mentioned therein.
(Amended by Stats. 1982, Ch. 1405, Sec. 2.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 6 - OF CRIMES AGAINST THE LEGISLATIVE POWER › Section 85.

85. Every person who gives or offers to give a bribe to any Member of the Legislature, any member of the legislative body of a city, county, city and county, school district, or other special district, or to another person for the member, or attempts by menace, deceit, suppression of truth, or any corrupt means, to influence a member in giving or withholding his or her vote, or in not attending the house or any committee of which he or she is a member, is punishable by imprisonment in the state prison for two, three or four years.
(Amended by Stats. 2006, Ch. 435, Sec. 1. Effective September 24, 2006.)