California Penal Code

The California Penal Code forms the basis for the application of criminal law in the American state of California.

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."

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:

*164 - Suicide
*187 - Murder
*192 - Manslaughter
*207 - Kidnapping
*211 - Robbery
*215 - Carjacking
*240 - Assault
*242 - Battery
*245 - Assault with a deadly weapon (ADW, sometimes Great Body Injury - GBI) or with force likely to produce great bodily injury
*261 - Rape
*280 - Child Abduction
*285 - Incest
*288 - Child Molestation
*314 - Indecent Exposure
*415 - Disturbing the peace
*417 - Brandishing a firearm
*451 - Arson
*459 - Burglary
*470 - Forgery
*484 - Theft or Larceny
*487 - Grand Theft
*488 - Petty Theft
*496 - Receiving stolen property
*594 - Malicious mischief/Vandalism
*597 - Animal cruelty
*602 - Trespassing
*647(b) - Prostitution
*647(f) - Public Drunkenness or Public Intoxication
*664 - Attempt (usually charged together with one of the above like 211; attempted murder was formerly covered in its own section, 217)

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.

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", ussc|538|11|2003, and "Lockyer v. Andrade", ussc|538|63|2003.

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.

Driving with a suspended or revoked license in California is covered under another 'famous' code section, 14601, of the California "Vehicle" Code, not the penal code.

External links

* [http://caselaw.lp.findlaw.com/cacodes/pen.html California Penal Code] (at FindLaw)