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Encyclopedia > California Penal Code
Volumes of the Thomson West annotated version of the California Penal Code; the other popular annotated version is Deering's, which is published by LexisNexis
Volumes of the Thomson West annotated version of the California Penal Code; the other popular annotated version is Deering's, which is published by LexisNexis

The California Penal Code forms the basis for the application of criminal law in the American state of California. Image File history File links Download high-resolution version (1000x871, 244 KB) Volumes of the Wests Annotated California Codes version of the California Penal Code at a public library in San Jose, California. ... Image File history File links Download high-resolution version (1000x871, 244 KB) Volumes of the Wests Annotated California Codes version of the California Penal Code at a public library in San Jose, California. ... Thomson West is the largest part of Thomson Legal & Regulatory, which is the largest market group of The Thomson Corporation. ... Nexis redirects here. ... The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different jurisdictions whose common characteristic is the potential for unique and often severe impositions as punishment for failure to comply. ... This article is about the U.S. state. ...

Contents

Organization

The code is divided into Parts 1 and 2, which each contain "titles," some of these being subdivided into "chapters," with "sections" comprising the smallest unit of content. The balance of this article will deal exclusively with Part 1, as Part 2 contains only administrative provisions.


The first two titles of Part 1, up to Section 33, are preliminary and provide definitions of legal terms rather than definitions of, or punishments for, any specific crimes. The next group of titles, through Section 88, deal with crimes against the state itself, such as treason. Title 7, ending with Section 186, covers the state court system and crimes that can be committed therein, such as perjury. Title 8 covers the subject of violent crimes, and extends through Section 249. Title 9 (Sections 250 through 368) deals with offenses against public morals and decency. Title 10 (Sections 369 through 402) is devoted to "crimes against public health and safety," while Title 11 (Sections 403-423) is reserved for "crimes against the public peace." The topic of Title 12 (Sections 424-440) is crimes against public revenue, and of Title 13 (Sections 441 through 593), crimes against property. Title 14 (Sections 594-625) bears the heading "Malicious Mischief," but in addition to vandalism (Section 594), it also includes such offenses as trespassing (in Section 602). Title 15 (Sections 625-653) deals with "Miscellaneous Crimes," Title 16 (Sections 654-678) is labelled "General Provisions," and the last title of Part 1, Title 17 (679 and 680) delineates the "Rights of Victims and Witnesses of Crime." For other uses, see Treason (disambiguation) or Traitor (disambiguation). ... Perjury is the act of lying or making verifiably false statements on a material matter under oath or affirmation in a court of law or in any of various sworn statements in writing. ... Vandalism is the conspicuous defacement or destruction of a structure, a symbol or anything else that goes against the will of the owner/governing body. ... In law, trespass can be: the criminal act of going into somebody else’s land or property without permission; it is also a civil law tort that may be a valid cause of action to seek judicial relief and possibly damages through a lawsuit. ...


Curiously, California's drug laws are not found within the Penal Code at all, but rather in a separate document, the California Health and Safety Code.


Famous section numbers

Many of the sections of the California Penal Code, and what crimes they cover, have become well-known beyond the borders of California due to their having been mentioned in motion pictures, or even more frequently, on police-themed television shows like Dragnet and Adam 12 (both of which were set in Los Angeles) since the numbers themselves are used in police jargon and on police radio frequencies. The more notable numbers include: This article is about the U.S. state. ... For other uses see film (disambiguation) Film refers to the celluliod media on which movies are printed Film — also called movies, the cinema, the silver screen, moving pictures, photoplays, picture shows, flicks, or motion pictures, — is a field that encompasses motion pictures as an art form or as... A television program is the content of television broadcasting. ... Dragnet opening frame from the 1967 version. ... This article is about the television program. ... Flag Seal Nickname: City of Angels Location Location within Los Angeles County in the state of California Coordinates , Government State County California Los Angeles County Mayor Antonio Villaraigosa (D) Geographical characteristics Area     City 1,290. ...

Perhaps the most controversial sections of the California Penal Code are the consecutive Sections 666 and 667; Section 666, known officially as petty theft with a prior — and colloquially, felony petty theft — makes it possible for someone who committed a minor shoplifting crime to be charged with a felony if the person had been convicted of any theft-related offense at any time in the past; and if the person so charged has two previous felony convictions (listed as serious or violent felonies ("strikeable" offenses) this in turn can result in a 25-years-to-life sentence under the state's three strikes law, which is found in Section 667. 187 is a numeric code for the crime of murder used by law enforcement officials, particularly in the state of California. ... Carjacking is the crime of stealing a motor vehicle when the vehicle is occupied. ... This article does not cite any references or sources. ... Assault with a Deadly Weapon is the term used to describe the act of threatening to harm one or more people by using a weapon (usually a firearm). ... Incest is defined as sexual intercourse between closely related persons. ... Breach of the peace is a legal term used in constitutional law in English-speaking countries, and in a wider public order sense in Britain. ... The Skyline Parkway Motel in Afton, Virginia after an arson fire on July 9, 2004. ... Forgery is the process of making or adapting objects or documents (see false document), with the intention to deceive. ... A young waif steals a pair of boots “Stealing” redirects here. ... In the United States, larceny is a common law crime involving stealing. ... In the United States, it is a federal crime under (18 USC 2315) to knowingly receive or conceal or dispose of stolen property with a value of $5,000 or more and thats a part of interstate commerce (i. ... Malicious Mischief is the specific name for different criminal offences in a number of different jurisdictions. ... Vandalism is the conspicuous defacement or destruction of a structure, a symbol or anything else that goes against the will of the owner/governing body. ... Cruelty to animals refers to treatment which causes unacceptable suffering to animals. ... In law, trespass can be: the criminal act of going into somebody else’s land or property without permission; it is also a civil law tort that may be a valid cause of action to seek judicial relief and possibly damages through a lawsuit. ... Whore redirects here. ... Drunkenness, in its most common usage, is the state of being intoxicated with alcohol (i. ... Public intoxication, also known as drunk and disorderly conduct (sometimes, incorrectly, as drunken disorderly), is a summary offence in many countries. ... The crime of attempt occurs when a person does an act amounting to more than mere preparation for a criminal offense, with specific intent to commit a crime, if that act tends but fails to effect the commission of the offense intended. ... Felony petty theft is the colloquial term for a statute in the California Penal Code (Section 666) that makes it possible for a person who commits the crime of petty theft to be charged with a felony rather than a misdemeanor if the accused had previously been convicted of a... For the band Shoplifting see Shoplifting (band). ... Three strikes laws are statutes enacted by state governments in the United States which require the state courts to hand down a mandatory and extended period of incarceration to persons who have been convicted of a serious criminal offense on three or more separate occasions. ...


The inclusion of felony petty theft within the three-strikes law, and for that matter, the three-strikes law itself, have sparked much debate both within and outside the state, and even beyond the United States. In 2003, the U.S. Supreme Court upheld the California three-strikes law against constitutional challenges in two cases where the third strike was a nonviolent crime — Ewing v. California, 538 U.S. 11 (2003), and Lockyer v. Andrade, 538 U.S. 63 (2003). Year 2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ... The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Holding Californias three strikes law does not violate the Eighth Amendment prohibition against cruel and unusual punishment. ... Holding Californias three strikes law does not violate the Eighth Amendment. ...


Trivia

Major portions of the California Penal Code right down to section numbers were adopted for many years in the Territory of Guam when it was administered by the U.S. Navy and later by the Department of the Interior, as many of the local attorneys, judiciary, and police had been educated in California. The United States Navy (USN) is the branch of the United States armed forces responsible for naval operations. ... The United States Department of the Interior (DOI) is a Cabinet department of the United States government that manages and conserves most federally-owned land. ...


External links

  • California Penal Code (at FindLaw)

  Results from FactBites:
 
Violation of Section 422 of the California Penal Code - Criminal Law | LawGuru (242 words)
Violation of Section 422 of the California Penal Code
He has been charged with violation of Section 422 of the Calif Penal Code, a misdemeanor, who willfully and unlawfully threatened to commit a crime which would result in death and great bodily injury to another male, with the specific intent that the statement be taken as a threat.
Re: Violation of Section 422 of the California Penal Code
California Penal Code - definition of California Penal Code in Encyclopedia (380 words)
The California Penal Code forms the basis for the application of criminal law in the American state of California.
The code is divided into Parts 1 and 2, which each contain "titles," some of these being subdivided into "chapters," with "sections" comprising the smallest unit of content.
Curiously, California's drug laws are not found within the Penal Code at all, but rather in a separate document, the California Health and Safety Code.
  More results at FactBites »


 
 

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