California Penal Codes List

The California Penal Code defines criminal offenses in this state. It begins at Section 1 and extends beyond Section 1465.8. Some sections define crimes, such as Penal Code 187 for murder or Penal Code 459 for burglary, while others control sentencing, firearm restrictions, probation terms, fines, or post-conviction relief.

California amends the Penal Code every year through legislation and voter initiatives. This means that sections may be added, renumbered, or repealed. A charge filed under a repealed section can still affect a case if the conduct occurred before the repeal date, so knowing the current language and historical use of each section is necessary when reviewing a criminal charge.

This ultimate guide lists Penal Code sections by category, along with a short explanation of what each section covers. While it’s not intended to replace legal advice, it can give you important insights into how California law classifies crimes and penalties. 

How the California Penal Code Is Organized

Most criminal offenses appear in Part 1, which covers crimes and punishments. Other parts address criminal procedure, prison administration, fines, and court operations. For example, sentencing rules appear in the same code as crimes, while fee assessments appear near the end of the code.

Each Penal Code section falls into one of three charging categories:

• Infraction sections authorize citations and fines only.
• Misdemeanor sections authorize county jail time of up to 364 days, fines, or probation.
• Felony sections authorize state prison sentences, county jail sentences under realignment, or formal probation.

Some sections are classified as wobblers, meaning prosecutors may file them as either misdemeanors or felonies. 

The Penal Code also contains sections that address arrest authority, probation eligibility, sentence length, firearm prohibitions, enhancements, and post-conviction relief. This is why a single case may involve multiple sections that operate together, even though only one section defines the charged offense.

Preliminary Provisions: Penal Code Sections 1–33

These sections establish how California criminal law operates and how courts interpret later statutes. They do not define crimes. 

• Penal Code §1:  Establishes the Penal Code as the controlling criminal law for the state. 
• Penal Code §2: States that a crime requires a union of act and intent unless a statute states otherwise. This means that when applicable, prosecutors must prove that you broke the law and intended to do so.
• Penal Code §3: Prohibits retroactive application of criminal statutes unless the Legislature clearly states otherwise. In other words, you can’t be punished if your conduct wasn’t illegal at the time.
• Penal Code §4: Requires courts to interpret Penal Code provisions according to their fair meaning, with the goal of promoting justice. Judges use this section when statutory language creates disputes.
• Penal Code §5: Eliminates common law crimes. Conduct is criminal only if a statute defines it as such.
• Penal Code §6: States that no act or omission is criminal unless the Penal Code or another statute declares it a crime.
• Penal Code §7: Provides statutory definitions for terms used throughout the Penal Code, including “willfully,” “malice,” “writing,” and “property.” 
• Penal Code §8: Defines “willful” conduct as intentional action, not accidental behavior.
• PC §§ 9–14: These sections are repealed or reserved, so California courts don’t rely on them to define crimes, defenses, or procedures.
• Penal Code §15: Defines the four categories of crimes: felonies, misdemeanors, infractions, and public offenses.
• Penal Code §16: Defines a felony as a crime punishable by death, state prison, or county jail under realignment (meaning a felony sentence is served in county jail instead of state prison).
• Penal Code §17: Defines misdemeanors and authorizes reduction of wobblers from felonies to misdemeanors in qualifying cases.
• Penal Code §18: Sets default punishment ranges for felonies when a statute does not specify a sentence.
• Penal Code §18.5: Sets the maximum county jail sentence for any misdemeanor listed as punishable by up to one year, or 364 days. This one-day reduction was enacted to reduce federal immigration consequences that attach to sentences of one year or more.
• Penal Code §19: Sets the default punishment for misdemeanors at up to six months in county jail unless another statute states otherwise. Penal Code §18.5 limits misdemeanor jail sentences to a maximum of 364 days to reduce federal immigration consequences.
• Penal Code §20: States that no crime or public offense exists without a legal punishment. A charge must carry a statutory penalty to be enforceable.
• Penal Code §21: Defines “public offense” as conduct prohibited by law and punishable by statute.
• Penal Code §22: States that criminal intent may be inferred from circumstances connected with the act. Prosecutors rely on this section when proving intent through conduct.
• Penal Code §23: Defines “intent” and confirms that intent may exist even if the intended harm does not occur.
• Penal Code §24: States that criminal intent does not require intent to violate the law, only intent to commit the act. Ignorance of the law does not excuse criminal conduct.
• Penal Code §25: Limits the use of mental disease, defect, or disorder to negate specific intent and bars diminished capacity as a defense. Mental condition evidence may only be used where the statute allows it.
• Penal Code §26: Lists classes of persons incapable of committing crimes, including children under 14 without criminal capacity and persons who acted without conscious awareness (e.g., performing an act while sleepwalking).
• Penal Code §27: Defines when a person under 14 may be prosecuted for a crime.
• Penal Code §31: Defines principals to a crime, including direct perpetrators and aiders and abettors.
• Penal Code §32: Defines accessory after the fact and sets penalties for assisting offenders after a crime occurs.
• Penal Code §33: Clarifies liability for those who aid in the commission of a crime through advice or encouragement.

Inchoate Crimes

Penal Code Sections 182, 653f, and 664 address conduct that involves planning, attempting, or encouraging a crime, even when the intended offense is not completed. Prosecutors use these statutes to file charges based on intent and any preliminary actions taken toward a criminal act.

• Penal Code §182: Defines criminal conspiracy. A conspiracy exists when two or more people agree to commit a crime, and at least one person commits an overt act in furtherance of that agreement. The overt act does not need to be criminal by itself. Penalties generally track the punishment for the intended offense.
• Penal Code §653f: Defines criminal solicitation. This section applies when a person asks, commands, or encourages another person to commit certain serious crimes, such as murder, robbery, or kidnapping. No agreement or completed act is required. The solicitation itself forms the offense.
• Penal Code §664: Defines attempted crimes. An attempt requires specific intent to commit a crime and a direct but unsuccessful act toward its completion. Penalties are typically one-half the sentence prescribed for the completed offense, unless a statute states otherwise.

Crimes Against Persons

Penal Code Sections 187–248 define offenses involving physical injury, force, or the threat of force against another person. Charges under these statutes carry some of the highest custody sentences in California law.

• Penal Code §187: Defines murder as the unlawful killing of a human being or fetus with malice aforethought.
• Penal Code §189: Divides murder into degrees. First-degree murder includes killings committed with premeditation, during listed felonies, or by specified methods. All other murders fall under second degree.
• Penal Code §190: Sets sentencing ranges for murder, including 25 years to life for first-degree murder and 15 years to life for second-degree murder.
• Penal Code §192: Defines manslaughter, including voluntary, involuntary, and vehicular manslaughter. Each category carries different custody ranges.
• Penal Code §193: Sets punishment for manslaughter based on the type and aggravating factors.
• Penal Code §203: Defines mayhem as permanently disabling or disfiguring another person.
• Penal Code §205: Defines aggravated mayhem, which requires intent to cause permanent disability or disfigurement and carries a life sentence.
• Penal Code §207: Defines kidnapping as moving a person a substantial distance by force or fear.
• Penal Code §209: Defines kidnapping for ransom, reward, or extortion, or kidnapping during specified felonies. This offense carries life imprisonment.
• Penal Code §211: Defines robbery as taking personal property from another person by force or intimidation.
• Penal Code §212.5: Divides robbery into degrees, with first-degree robbery covering residential robberies and certain transit robberies.
• Penal Code §215: Defines carjacking as taking a motor vehicle from a person by force or fear.
• Penal Code §220: Covers assault with intent to commit specified sexual offenses.
• Penal Code §240: Defines assault as an unlawful attempt, coupled with present ability, to commit a violent injury.
• Penal Code §242: Defines battery as willful and unlawful use of force or violence upon another person.
• Penal Code §243: Sets penalties for battery and provides enhanced punishment for battery against protected victims, such as police officers, firefighters, and the elderly.
• Penal Code §245: Defines assault with a deadly weapon or by means likely to produce great bodily injury.
• Penal Code §246: Prohibits shooting at an inhabited dwelling or occupied vehicle.
• Penal Code §247: Addresses the discharge of a firearm at an unoccupied structure or vehicle.

Sex Crimes

Penal Code Sections 261–314 define sexual offenses and related sex offender registration requirements. Charges under these statutes carry mandatory custody ranges, registration consequences, or both.

• Penal Code §261: Defines rape as nonconsensual sexual intercourse accomplished by force, fear, threats, intoxication, unconsciousness, or fraud.
• Penal Code §262: Defines spousal rape. Marriage does not remove criminal liability for nonconsensual sexual intercourse.
• Penal Code §264: Sets sentencing ranges for rape, including state prison time and probation restrictions. Penal Code §264.1 increases custody guidelines when multiple perpetrators act together.
• Penal Code §266c: Prohibits inducing another person to engage in sexual intercourse, sexual penetration, oral copulation, or sodomy when consent is obtained through false or fraudulent representation made with the intent to create fear of physical injury or death. This is a wobbler offense that also triggers sex offender registration under PC §290.
• Penal Code §269: Defines aggravated sexual assault of a child under 14. This offense carries a sentence of 15 years to life.
• Penal Code §286: Governs nonconsensual sodomy and sets penalties tied to force, age, or coercion.
• Penal Code §287: Governs nonconsensual oral copulation and sets penalties tied to force, age, or coercion.
• Penal Code §288: Prohibits lewd or lascivious acts on a child. The core offense under §288(a) covers victims under 14. Section 288(b) adds enhanced penalties when force, violence, duress, or threats are used. Section 288(c)(1) extends coverage to victims aged 14 or 15 when the perpetrator is at least 10 years older. Sentencing depends on the victim’s age, use of force, and the existence of prior convictions.
• Penal Code §288.5: Defines continuous sexual abuse of a child. This section applies when abuse occurs over a defined period and replaces multiple individual counts.
• Penal Code §290: Establishes sex offender registration requirements. Registration duration depends on the offense tier.
• Penal Code §290.018: Sets penalties for failure to register as a sex offender.
• Penal Code §311: Governs child sexual abuse material offenses, including possession, production, and distribution.
• Penal Code §314: Defines indecent exposure. Prior convictions increase penalties and registration consequences.

Domestic Violence and Abuse Crimes

Penal Code Sections 243(e)(1), 273.5, and 368 apply when alleged conduct involves an intimate partner, family member, elder, or dependent adult. Charging under these statutes directs arrest protocols, custody limits, and sentencing options.

• Penal Code §243(e)(1): Defines domestic battery. This section applies to force or violence against a spouse, former spouse, cohabitant, former cohabitant, dating partner, or co-parent. Injury is not required. A conviction allows up to one year in county jail and triggers mandatory domestic violence counseling.
• Penal Code §273.5: Defines corporal injury to a spouse, cohabitant, or parent of a child. The statute requires a visible traumatic condition, such as bruising or swelling. Prosecutors may file this offense as a misdemeanor or felony. 
• Penal Code §368: Defines elder and dependent adult abuse. This section applies to victims aged 65 or older or adults with physical or mental limitations. The statute covers physical abuse, neglect, abandonment, isolation, and financial abuse. Penalties increase when the conduct causes great bodily injury or occurs over time.

Theft, Property, and Financial Crimes

Penal Code Sections 459–537 define offenses involving property, money, and deception. Charging depends on the type of property taken, the method used, and the value involved.

• Penal Code §459: Defines burglary as entering a structure or locked vehicle with the intent to commit theft or a felony. Entry alone completes the offense: theft does not need to occur.
• Penal Code §460: Divides burglary into degrees. First-degree burglary applies to inhabited dwellings. All other burglaries fall under second degree.
• Penal Code §463: Sets punishment for burglary based on degree and prior convictions.
• Penal Code §470: Defines forgery. This section covers signing another person’s name, altering documents, or using forged instruments with the intent to defraud.
• Penal Code §473: Sets punishment for forgery. Prosecutors may file certain forgery offenses as misdemeanors or felonies based on the situation.
• Penal Code §484: Defines petty theft. This section consolidates common law theft offenses, including larceny, embezzlement, and theft by false pretenses.
• Penal Code §487: Defines grand theft. Property value, firearm theft, or theft from a person qualifies regardless of dollar amount.
• Penal Code §488: Defines petty theft. This section applies when the property value falls below the grand theft threshold.
• Penal Code §490.2: Reclassifies many theft offenses involving property valued at $950 or less as misdemeanors.
• Penal Code §496: Defines receiving stolen property. Possession alone is sufficient if the person knew the property was stolen.
• Penal Code §503: Defines embezzlement as fraudulent appropriation of property by a person entrusted with it.
• Penal Code §532: Defines theft by false pretenses. The offense requires reliance on a knowingly false representation.
• Penal Code §537: Addresses defrauding an innkeeper, including failure to pay for lodging, food, fuel, or services with intent to avoid payment.

White Collar and Cyber Crimes

Penal Code Sections 502, 530.5, and 550 address non-violent offenses involving fraud, deception, or misuse of information systems. The charges you may face depend on the method used and the type of loss involved.

• Penal Code §502: Defines computer crimes. This section covers unauthorized access, data theft, system disruption, and misuse of computer services. Each unauthorized act may be charged separately, even if committed in a single incident.
• Penal Code §530.5: Defines identity theft. This offense occurs when a person uses another individual’s personal identifying information for an unlawful purpose without consent. Use alone completes the offense: evidence of financial loss is not required.
• Penal Code §550: Defines insurance fraud. This section applies to false or misleading statements made to obtain insurance benefits, including staged accidents and inflated claims.

Weapons and Firearms Offenses

Penal Code Sections 16590–33895 regulate the possession, use, and transfer of weapons and firearms. Many of these statutes impose mandatory prohibitions that apply automatically upon conviction.

• Penal Code §16590: Lists generally prohibited weapons. The statute names specific items, including short-barreled shotguns, short-barreled rifles, metal knuckle knives, and certain batons. Possession alone may support a charge.
• Penal Code §171b: Prohibits weapons in public buildings and courthouses. The offense applies regardless of permit status in most locations listed.
• Penal Code §246.3: Prohibits negligent discharge of a firearm. The statute applies when a person fires a gun in a grossly negligent manner that could injure another person.
• Penal Code §25400: Defines carrying a concealed firearm. The statute applies when a firearm is concealed on a person or in a vehicle without lawful authorization.
• Penal Code §25850: Defines carrying a loaded firearm in public or in a vehicle. Loaded status is determined by ammunition being attached or readily accessible.
• Penal Code §26150: Authorizes local issuance of licenses to carry a concealed firearm. Conditions and restrictions are set by statute.
• Penal Code §29800: Prohibits firearm possession by persons convicted of felonies or specified offenses. The prohibition applies for life unless relief is granted by statute.
• Penal Code §30305: Prohibits possession of ammunition by persons barred from firearm possession.
• Penal Code §30515: Defines assault weapons by features and configuration. Possession is restricted unless registration or exemption applies.
• Penal Code §30605: Prohibits possession of an assault weapon. Penalties depend on the charging level and prior convictions.
• Penal Code §33895: Addresses violations related to unsafe handgun regulations and roster requirements.

Obstruction, False Reports, and Crimes Against Public Justice

Penal Code Sections 85–167 address conduct that interferes with courts, investigations, witnesses, or public officials. Charges under these statutes apply even when the underlying case does not result in a conviction.

• Penal Code §85: Prohibits offering or giving a bribe to a public officer. The offense applies when the payment is intended to influence an official act, regardless of whether the act occurs.
• Penal Code §86: Prohibits acceptance of a bribe by a public officer. Agreement to accept the bribe completes the offense.
• Penal Code §92: Prohibits bribery of members of the Legislature or legislative officers.
• Penal Code §95: Prohibits attempting to influence legislative action through corrupt means.
• Penal Code §118: Defines perjury. The offense occurs when a person knowingly makes a false statement under oath in an official proceeding.
• Penal Code §120: Prohibits subornation of perjury, meaning inducing another person to commit perjury.
• Penal Code §132: Prohibits offering false evidence in a judicial proceeding.
• Penal Code §134: Prohibits preparing false evidence with the intent to present it at trial.
• Penal Code §136.1: Prohibits witness intimidation or dissuasion. The statute applies to attempts as well as completed acts.
• Penal Code §137: Prohibits bribing or attempting to bribe a witness.
• Penal Code §148: Prohibits resisting, delaying, or obstructing a peace officer in the performance of duties. Penal Code §148.5 prohibits knowingly filing a false police report.
• Penal Code §166: Defines contempt of court, including willful disobedience of court orders.
• Penal Code §167: Sets penalties for contempt offenses described in Section 166.

Disorderly Conduct and Public Offenses

Penal Code Sections 372–420, 602 cover conduct that disrupts public order, safety, or lawful use of property. Charges under these statutes are common in citation-based arrests and misdemeanor filings.

• Penal Code §372: Defines public nuisance. This section applies when conduct unlawfully obstructs public rights, including health, safety, or use of public spaces.
• Penal Code §373a: Authorizes abatement of public nuisances. Courts may order the removal or correction of the nuisance in addition to criminal penalties.
• Penal Code §402: Prohibits going to or remaining at the scene of an emergency for the purpose of viewing police, fire, or other emergency personnel at work, when doing so impedes those personnel in the performance of their duties. A separate subsection (§402(b)) applies specifically to interference with lifeguards during an emergency.
• Penal Code §403: Prohibits willfully disturbing lawful assemblies or meetings.
• Penal Code §404: Defines a riot as two or more people acting together, without legal authority, to disturb the public peace by using force or violence, or by threatening to use force or violence with the immediate ability to carry out those threats.
• Penal Code §405: Defines punishment for riot-related offenses.
• Penal Code §415: Defines disturbing the peace. This section covers fighting, unreasonable noise, or offensive words likely to provoke violence.
• Penal Code §416: Addresses failure to disperse after a lawful order by law enforcement.
• Penal Code §417: Prohibits brandishing a weapon in a rude, angry, or threatening manner.
• Penal Code §418: Sets penalties for brandishing offenses based on weapon type and location.
• Penal Code §602: Defines trespass. This section lists multiple forms of unlawful entry or remaining on property without permission.

Punishments, Sentencing, and Enhancements

Penal Code Sections 1170, 1170(h), 12022, 12022.5, 12022.53 control how California courts set felony sentences and add time for allegations like firearm use. Prosecutors plead these sections in charging documents.

• Penal Code §1170: Sets the determinate sentencing framework for many felonies. It governs how courts select a lower, middle, or upper term when a statute provides a sentencing triad. Penal Code §1170(h) authorizes felony sentences to be served in county jail for qualifying offenses instead of state prison. It also authorizes split sentencing in qualifying cases, with part of the term served in custody and the remainder on mandatory supervision.
• Penal Code §12022: Adds time for being armed with a firearm during the commission or attempted commission of certain felonies, even when the firearm is not fired.
• Penal Code §12022.5: Adds time when a person uses a firearm during the commission or attempted commission of specified felonies.
• Penal Code §12022.53: Adds mandatory firearm enhancements for listed serious felonies. Subdivisions include added years for personal use, personal discharge, and discharge causing great bodily injury or death.

Post-Conviction Relief and Record Clearing

Penal Code Sections 1203.4–1203.425 govern dismissal of convictions, record clearing, and limits on disclosure after a case ends. They apply only after sentencing terms are completed or statutory conditions are met.

• Penal Code §1203.4: Authorizes dismissal of a conviction after successful completion of probation. The court withdraws the guilty plea or verdict and enters a dismissal. This relief does not erase the record and does not restore firearm rights.
• Penal Code §1203.4a: Applies to misdemeanor cases not involving probation. The statute allows dismissal one year after judgment if all conditions are satisfied.
• Penal Code §1203.41: Applies to felony convictions sentenced to county jail under realignment. This section allows dismissal after completion of custody and supervision.
• Penal Code §1203.42: Allows dismissal for certain felony convictions that would now be misdemeanors under later law changes.
• Penal Code §1203.425: Provides automatic record relief for qualifying cases. Courts must dismiss eligible convictions without a petition once statutory time periods pass.

Relief under these sections affects employment disclosures and background checks but does not remove prior convictions for sentencing, licensing, or firearm purposes unless another statute grants that relief.

Fines, Fees, and Court Assessments

Penal Code Sections 1463–1465.8 control how criminal fines and mandatory court assessments are imposed and distributed after a conviction.

• Penal Code §1463: Governs distribution of criminal fines. The statute directs how collected fines are allocated between state and local funds.
• Penal Code §1464: Imposes a state penalty assessment on every criminal fine. The assessment amount is calculated per $10 of the base fine and increases the total amount owed.
• Penal Code §1465: Authorizes the collection and enforcement of fines, penalties, and assessments imposed by criminal courts.
• Penal Code §1465.7: Imposes a state surcharge on fines. This surcharge applies in addition to penalty assessments and is calculated as a percentage of the base fine.
• Penal Code §1465.8: Imposes a court operations assessment for each criminal conviction. The fee applies per count and is mandatory.

Drug-Related Crimes (Penal Code Only)

Penal Code Sections 4573–4573.9 apply to controlled substances in custodial settings: they do not replace drug statutes in the California Health and Safety Code. Prosecutors file these charges when drugs are brought into jails, prisons, or juvenile facilities, or when possession occurs inside those facilities.

• Penal Code §4573: Prohibits bringing controlled substances into a state prison, county jail, or other custodial facility. The statute applies to visitors, employees, contractors, and inmates, and the offense itself is a felony.
• Penal Code §4573.5: Prohibits possession of controlled substances by inmates in a custodial facility. This section applies even when the substance would otherwise be a misdemeanor outside custody.
• Penal Code §4573.6: Prohibits bringing controlled substances into juvenile halls, camps, or youth facilities. The statute applies regardless of the amount involved.
• Penal Code §4573.8: Prohibits possession of controlled substances by persons confined in juvenile facilities.
• Penal Code §4573.9: Prohibits possession or distribution of controlled substances by prison or jail employees. The statute applies even when the employee is not on duty.

These statutes exist because custodial settings increase safety risks tied to drug possession and distribution. Charges under these sections carry higher penalties than comparable conduct outside custody.

Questions? Speak to a San Diego Criminal Defense Lawyer

California criminal cases turn on statutory language. Each charge, enhancement, sentence, fine, and form of record relief traces back to a specific Penal Code section. This list gives you a way to identify the statutes cited in arrest reports, charging documents, and court filings. It also shows how California classifies offenses, assigns penalties, and enforces consequences after conviction. 

At Rubin Law Office, we represent clients in criminal defense matters throughout San Diego County. Attorney David Rubin is a former prosecutor who can review your charges, advise you of your options as well as viable defenses, and fight to minimize the impact of your arrest on your future. For more information or to schedule a free case review, call Rubin Law Office at (619) 719-1087 or contact us online.