TITLE 8. OF CRIMES AGAINST THE PERSON [187. - 248.]

Title 8 enacted 1872.

§§ 187–248 · 122 sections

1. CHAPTER 1. Homicide §§ 187–199 · 34 sections

   • § 187 (a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought. (b) This section shall not apply to any person who commits an act…
   • § 188 (a) For purposes of Section 187, malice may be express or implied. (1) Malice is express when there is manifested a deliberate intention to unlawfully take…
   • § 189 (a) All murder that is perpetrated by means of a destructive device or explosive, a weapon of mass destruction, knowing use of ammunition designed primarily to…
   • § 189.1 (a) The Legislature finds and declares that all unlawful killings that are willful, deliberate, and premeditated and in which the victim was a peace officer,…
   • § 189.5 (a) Upon a trial for murder, the commission of the homicide by the defendant being proved, the burden of proving circumstances of mitigation, or that justify…
   • § 190 (a) Every person guilty of murder in the first degree shall be punished by death, imprisonment in the state prison for life without the possibility of parole,…
   • § 190.03 (a) A person who commits first-degree murder that is a hate crime shall be punished by imprisonment in the state prison for life without the possibility of…
   • § 190.05 (a) The penalty for a defendant found guilty of murder in the second degree, who has served a prior prison term for murder in the first or second degree, shall…
   • § 190.1 A case in which the death penalty may be imposed pursuant to this chapter shall be tried in separate phases as follows: (a) The question of the defendant’s…
   • § 190.2 (a) The penalty for a defendant who is found guilty of murder in the first degree is death or imprisonment in the state prison for life without the possibility…
   • § 190.25 (a) The penalty for a defendant found guilty of murder in the first degree shall be confinement in state prison for a term of life without the possibility of…
   • § 190.3 If the defendant has been found guilty of murder in the first degree, and a special circumstance has been charged and found to be true, or if the defendant may…
   • § 190.4 (a) Whenever special circumstances as enumerated in Section 190.2 are alleged and the trier of fact finds the defendant guilty of first degree murder, the…
   • § 190.41 Notwithstanding Section 190.4 or any other provision of law, the corpus delicti of a felony-based special circumstance enumerated in paragraph (17) of…
   • § 190.5 (a) Notwithstanding any other provision of law, the death penalty shall not be imposed upon any person who is under the age of 18 at the time of the commission…
   • § 190.6 (a) The Legislature finds that the sentence in all capital cases should be imposed expeditiously. (b) Therefore, in all cases in which a sentence of death has…
   • § 190.7 (a) The “entire record” referred to in Section 190.6 includes, but is not limited to, the following: (1) The normal and additional record prescribed in the…
   • § 190.8 (a) In any case in which a death sentence has been imposed, the record on appeal shall be expeditiously certified in two stages, the first for completeness and…
   • § 190.9 (a) (1) In any case in which a death sentence may be imposed, all proceedings conducted in the superior court, including all conferences and proceedings,…
   • § 191 The rules of the common law, distinguishing the killing of a master by his servant, and of a husband by his wife, as petit treason, are abolished, and these…
   • § 191.5 (a) Gross vehicular manslaughter while intoxicated is the unlawful killing of a human being without malice aforethought, in the driving of a vehicle, where the…
   • § 192 Manslaughter is the unlawful killing of a human being without malice. It is of three kinds: (a) Voluntary—upon a sudden quarrel or heat of passion. (b)…
   • § 192.5 Vehicular manslaughter pursuant to subdivision (b) of Section 191.5 and subdivision (c) of Section 192 is the unlawful killing of a human being without malice…
   • § 193 (a) Voluntary manslaughter is punishable by imprisonment in the state prison for 3, 6, or 11 years. (b) Involuntary manslaughter is punishable by imprisonment…
   • § 193.5 Manslaughter committed during the operation of a vessel is punishable as follows: (a) A violation of subdivision (a) of Section 192.5 is punishable by…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 199 The homicide appearing to be justifiable or excusable, the person indicted must, upon his trial, be fully acquitted and discharged.
2. CHAPTER 2. Mayhem §§ 203–206.1 · 5 sections

   • § 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…
   • § 204 Mayhem is punishable by imprisonment in the state prison for two, four, or eight years.
   • § 205 A person is guilty of aggravated mayhem when he or she unlawfully, under circumstances manifesting extreme indifference to the physical or psychological…
   • § 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,…
   • § 206.1 (a) Torture is punishable by imprisonment in the state prison for a term of life. (b) (1) Except as described in paragraph (2), a defendant imprisoned for…
3. CHAPTER 3. Kidnapping §§ 207–210 · 5 sections

   • § 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…
   • § 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…
   • § 209 (a) A person who seizes, confines, inveigles, entices, decoys, abducts, conceals, kidnaps, or carries away another person by any means whatsoever with intent…
   • § 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…
   • § 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…
4. CHAPTER 3.5. Hostages § 210.5 · 1 section

   • § 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…
5. CHAPTER 4. Robbery §§ 211–215 · 6 sections

   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
   • § 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…
6. CHAPTER 5. Attempts to Kill §§ 217.1–219.3 · 7 sections

   • § 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…
   • § 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,…
   • § 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…
   • § 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,…
   • § 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…
   • § 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…
   • § 219.3 Any person who wilfully drops or throws any object or missile from any toll bridge is guilty of a misdemeanor.
7. CHAPTER 6. Assaults With Intent to Commit Felony, Other Than Assaults With Intent to Murder §§ 220–222 · 2 sections

   • § 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…
   • § 222 Every person guilty of administering to another any chloroform, ether, laudanum, or any controlled substance, anaesthetic, or intoxicating agent, with intent…
8. CHAPTER 8. False Imprisonment and Human Trafficking §§ 236–237 · 20 sections

   • § 236 False imprisonment is the unlawful violation of the personal liberty of another.
   • § 236.1 (a) A person who deprives or violates the personal liberty of another with the intent to obtain forced labor or services, is guilty of human trafficking and…
   • § 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…
   • § 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…
   • § 236.23 (a) In addition to any other affirmative defense, it is a defense to a charge of a crime that the person was coerced to commit the offense as a direct result…
   • § 236.24 (a) In addition to any other affirmative defense, it is a defense to a charge of a crime that the person was coerced to commit the offense as a direct result…
   • § 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…
   • § 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…
   • § 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…
   • § 236.6 (a) To prevent dissipation or secreting of assets or property, the prosecuting agency may, at the same time as or subsequent to the filing of a complaint or…
   • § 236.7 (a) Any interest in a vehicle, boat, airplane, money, negotiable instruments, securities, real property, or other thing of value that was put to substantial…
   • § 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…
   • § 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…
   • § 236.10 (a) Concurrent with or subsequent to the filing of the petition, the prosecuting agency may move the superior court for, and the superior court may issue, the…
   • § 236.11 (a) If the trier of fact at the forfeiture hearing finds that the alleged property, instruments, or proceeds are forfeitable pursuant to Section 236.7 and the…
   • § 236.12 Notwithstanding that no response or claim has been filed pursuant to Section 236.9, in all cases where property is forfeited pursuant to this chapter and, if…
   • § 236.13 (a) In a case involving a charge of human trafficking under Section 236.1, a minor who is a victim of the human trafficking shall be provided with assistance…
   • § 236.14 (a) If a person was arrested for or convicted of any nonviolent offense committed while they were a victim of human trafficking, including, but not limited to,…
   • § 236.15 (a) If a person was arrested for or convicted of any nonviolent offense committed while the person was a victim of intimate partner violence or sexual…
   • § 237 (a) False imprisonment is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail for not more than one year,…
9. CHAPTER 9. Assault and Battery §§ 240–248 · 42 sections

   • § 240 An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another.
   • § 241 (a) An assault is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both…
   • § 241.1 When an assault is committed against the person of a custodial officer as defined in Section 831 or 831.5, and the person committing the offense knows or…
   • § 241.2 (a) (1) When an assault is committed on school or park property against any person, the assault is punishable by a fine not exceeding two thousand dollars…
   • § 241.3 (a) When an assault is committed against any person on the property of, or on a motor vehicle of, a public transportation provider, the offense shall be…
   • § 241.4 An assault is punishable by fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding six months, or by both. When…
   • § 241.5 (a) When an assault is committed against a highway worker engaged in the performance of his or her duties and the person committing the offense knows or…
   • § 241.6 When an assault is committed against a school employee engaged in the performance of his or her duties, or in retaliation for an act performed in the course of…
   • § 241.7 Any person who is a party to a civil or criminal action in which a jury has been selected to try the case and who, while the legal action is pending or after…
   • § 241.8 (a) Any person who commits an assault against a member of the United States Armed Forces because of the victim’s service in the United States Armed Forces…
   • § 242 A battery is any willful and unlawful use of force or violence upon the person of another.
   • § 243 (a) A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both…
   • § 243.1 When a battery is committed against the person of a custodial officer as defined in Section 831 of the Penal Code, and the person committing the offense knows…
   • § 243.2 (a) (1) Except as otherwise provided in Section 243.6, when a battery is committed on school property, park property, or the grounds of a public or private…
   • § 243.25 When a battery is committed against the person of an elder or a dependent adult as defined in Section 368, with knowledge that he or she is an elder or a…
   • § 243.3 If a battery is committed against the person of an operator, driver, or passenger on a bus, taxicab, streetcar, cable car, trackless trolley, or other motor…
   • § 243.35 (a) Except as provided in Section 243.3, when a battery is committed against any person on the property of, or in a motor vehicle of, a public transportation…
   • § 243.4 (a) Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching…
   • § 243.5 (a) When a person commits an assault or battery on school property during hours when school activities are being conducted, a peace officer may, without a…
   • § 243.6 When a battery is committed against a school employee engaged in the performance of his or her duties, or in retaliation for an act performed in the course of…
   • § 243.65 (a) When a battery is committed against the person of a highway worker engaged in the performance of his or her duties and the person committing the offense…
   • § 243.7 Any person who is a party to a civil or criminal action in which a jury has been selected to try the case and who, while the legal action is pending or after…
   • § 243.8 (a) When a battery is committed against a sports official immediately prior to, during, or immediately following an interscholastic, intercollegiate, or any…
   • § 243.83 (a) It is unlawful for any person attending a professional sporting event to do any of the following: (1) Throw any object on or across the court or field of…
   • § 243.85 The owner of any professional sports facility shall post, visible from a majority of the seating in the stands at all times, at controlled entry areas, and at…
   • § 243.9 (a) Every person confined in any local detention facility who commits a battery by gassing upon the person of any peace officer, as defined in Chapter 4.5…
   • § 243.10 (a) Any person who commits a battery against a member of the United States Armed Forces because of the victim’s service in the United States Armed Forces shall…
   • § 243.15 Every person confined in, sentenced to, or serving a sentence in, a city or county jail, industrial farm, or industrial road camp in this state, who commits a…
   • § 244 Any person who willfully and maliciously places or throws, or causes to be placed or thrown, upon the person of another, any vitriol, corrosive acid, flammable…
   • § 244.5 (a) As used in this section, “stun gun” means any item, except a less lethal weapon, as defined in Section 16780, used or intended to be used as either an…
   • § 245 (a) (1) Any person who commits an assault upon the person of another with a deadly weapon or instrument other than a firearm shall be punished by imprisonment…
   • § 245.1 As used in Sections 148.2, 241, 243, 244.5, and 245, “fireman” or “firefighter” includes any person who is an officer, employee or member of a fire department…
   • § 245.2 Every person who commits an assault with a deadly weapon or instrument or by any means of force likely to produce great bodily injury upon the person of an…
   • § 245.3 Every person who commits an assault with a deadly weapon or instrument or by any means likely to produce great bodily injury upon the person of a custodial…
   • § 245.5 (a) Every person who commits an assault with a deadly weapon or instrument, other than a firearm, or by any means likely to produce great bodily injury upon…
   • § 245.6 (a) It shall be unlawful to engage in hazing, as defined in this section. (b) “Hazing” means any method of initiation or preinitiation into a student…
   • § 246 Any person who shall maliciously and willfully discharge a firearm at an inhabited dwelling house, occupied building, occupied motor vehicle, occupied…
   • § 246.1 (a) Except as provided in subdivision (f), upon the conviction of any person found guilty of murder in the first or second degree, manslaughter, attempted…
   • § 246.3 (a) Except as otherwise authorized by law, any person who willfully discharges a firearm in a grossly negligent manner which could result in injury or death to…
   • § 247 (a) Any person who willfully and maliciously discharges a firearm at an unoccupied aircraft is guilty of a felony. (b) Any person who discharges a firearm at…
   • § 247.5 Any person who willfully and maliciously discharges a laser at an aircraft, whether in motion or in flight, while occupied, is guilty of a violation of this…
   • § 248 Any person who, with the intent to interfere with the operation of an aircraft, willfully shines a light or other bright device, of an intensity capable of…