M C L C - California Criminal Law 4th (Witkin Library)

WITKIN CALIFORNIA CRIMINAL LAW
FOURTH EDITION
TABLE OF CONTENTS
VOLUME 1
Preface
Table of Abbreviations
I. Introduction To Crimes
II. Elements
III. Defenses
IV. Crimes Against the Person
VOLUME 2
V. Crimes Against Property
VI. Sex Offenses and Crimes Against Decency
VII. Crimes Against Public Peace and Welfare
VIII. Crimes Against Governmental Authority
VOLUME 3
IX. Punishment
VOLUME 4
X. Introduction To Criminal Procedure
XI. Jurisdiction and Venue
XII. Pretrial Proceedings
XIII. Illegally Obtained Evidence
VOLUMES 5
XIV. Criminal Trial
VOLUME 6
XV. Criminal Judgment
XVI. Criminal Appeal
XVII. Reversible Error
XVIII. Criminal Writs
VOLUME 7
Table of Cases
Table of Laws and Rules
Table of Third and Fourth Edition Sections
Index
Chapter Outlines
CHAPTER OUTLINES
CHAPTER I
INTRODUCTION TO CRIMES
I. NATURE OF CRIMINAL LAW
A. [§1] In General.
B. [§2] Commentary.
C. [§3] Scope of Treatment.
D. [§4] Nature of Crime.
E. [§5] Necessity of Punishment.
F. [§6] Criminal, Civil, and Quasi-Criminal Proceedings.
G. [§7] Contempt.
H. [§8] No Common Law Crimes.
II. CRIMINAL STATUTES
B. [§10] Penal Code and Uniform Laws.
C. Ex Post Facto Laws.
1. [§11] Nature of Protection.
2. What Constitutes Ex Post Facto Law.

(a) [§12] Increase In Punishment.
(b) [§13] Conviction on Lesser Evidence.
(c) [§14] Changes in Statute of Limitations.
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CALIFORNIA CRIMINAL LAW 4TH 2019 SUPPLEMENT
(d) [§15] Changes Involving Parole and Probation.

(e) [§16] Other Illustrations of Ex Post Facto Laws.
3. Valid Changes in Evidence and Procedure.

(a) [§17] In General.
(b) [§18] Changes Involving Parole and Probation.
(c) [§19] Other Illustrations of Valid Changes.
4. [§20] Ameliorative Changes.
5. [§21] Recidivist Statutes.
6. Nonpenal Statutes.
(b) [§23] Sex Offender Statutes.
(c) [§24] DNA Testing Statutes.
7. [§25] Other Valid Statutes.
8. Distinction: Retroactive Judicial Decision.

(b) [§27] Retroactivity Approved.
(c) [§28] Revised Sentencing Procedure.
D. Rules of Statutory Construction.
1. [§29] In General.
2. [§30] Rule of Strict Construction Is Abolished.
3. Legislative Purpose Controls.

(a) [§31] General Rule.
(b) [§32] Illustrations.
4. Words of Statute.
(a) [§33] Literal Meaning Rejected.
(b) [§34] Literal Meaning Applied.
5. [§35] Rule of Ejusdem Generis.
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6. [§36] Rule of Expressio Unius Est Exclusio Alterius.
7. Construction Favorable to Defendant.

(c) [§39] Exceptions.
8. [§40] Statute Is Considered as a Whole.
9. [§41] Construction Favoring Validity.
10. [§42] Title of Law.
11. [§43] Legislative History.
12. [§44] Amendment or Reenactment.
13. [§45] Particular Terms.
14. [§46] Other Rules.
E. Prospective Application.
1. [§47] General Rule.
2. Amendment Changing Procedure or Punishment.

(b) [§49] Less Severe Penalty.
(c) [§50] Enhanced Penalty.
(d) [§51] Elimination of Criminal Sanctions.
(e) [§52] Amendment During Probation.
(f) [§53] Amendment After Final Judgment.
F. Constitutional Requirement of Certainty.
2. Invalid Statutes.
(a) [§55] Federal Decisions.
(b) [§56] California Decisions.
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3. Valid Statutes.
(a) [§57] Meaning Ascertainable From Case Law.
(b) [§58] Meaning Ascertainable From Special Sources.
(c) [§59] Meaning Known to Class.
(d) [§60] Meaning Defined by Court.
(e) Meaning Understood by Ordinary Person.
(1) [§61] In General.
(2) [§62] Illustrations.
(f) [§63] Differences Between Statutory and Dictionary
Usage.
(g) [§64] Statute Requiring Specific Intent.
G. Conflicting and Duplicating Statutes.
1. Municipal Ordinance and State Law.

(a) [§65] Where Direct Conflict Exists.
(b) Where State Preempts Field.
(1) [§66] Nature of Rule.
(2) [§67] Test of Preemption.
(3) Illustrations: Local Regulation Invalid.
(aa) [§68] In General.
(bb) [§69] Alcohol.
(cc) [§70] Weapons.
(c) Where No Conflict or Preemption Exists.
(1) [§71] Local Regulation Allowed.
(2) [§72] Illustrations: Weapons.
(3) [§73] Illustrations: Other Areas.
(d) [§74] Where Legislature Authorizes Local Regulation.
2. Duplicating State Laws.

(a) [§75] General Principles.
(b) [§76] Illustrations: Special Statute Is Controlling.
(c) [§77] Illustrations: Special Statute Is Not Controlling.
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CHAPTER OUTLINES
3. State and Federal Laws.

(b) [§79] Retroactive Effect of Federal Statute.
(c) [§80] Invalid State Statutes.
(d) [§81] Valid State Statutes.
H. Repeal and Amendment.
1. Repeal and Saving Clause.

(a) [§82] Statutory Saving Clause.
(b) [§83] Repeal of Repealing Statute.
(c) [§84] Distinction: Reenactment.
2. [§85] Amendment.
III. CLASSIFICATION OF CRIMES
B. [§87] Where Statute Is Not Express.
C. Felony-Misdemeanor.
1. [§88] Test.
2. [§89] Where Court Fails To Enter Judgment.
D. [§90] Misdemeanor-Infraction.
E. Importance of Distinction.
1. [§91] Felony or Misdemeanor.
2. [§92] Misdemeanor or Infraction.
IV. PARTIES TO CRIME
A. Principals and Accessories.
1. [§93] Principals.
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2. Aiding and Abetting.

(a) What Constitutes Aiding and Abetting.
(2) [§95] Instructions.
(3) [§96] Different Treatment of Perpetrator and
Abettor.
(4) [§97] Aiding Suicide.
(4a) [§97A] (New) Aiding and Abetting Bribery.
(5) [§98] Distinctions.
(b) Presence.
(2) [§101] Distinction: Duty To Act.
(c) Liability for Reasonably Foreseeable Offenses.
(1) [§102] Nature of Analysis.
(2) [§103] Foreseeability Depends on
Circumstances.
(3) Instructions.
(bb) [§105] Identity of Target Offense.
(cc) [§106] Illustrations.
(d) Legal Disability.
(1) [§107] Where Perpetrator Is Under Legal
Disability.
(2) [§108] Where Abettor Is Under Legal Disability.
(e) Intent.
(1) [§109] Requirement.
(2) [§110] Nature of Intent.
3. Accessories.
(b) [§113] Accessory Distinguished From Principal.
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CHAPTER OUTLINES
B. Crime Committed by Agent.
1. Liability of Principal.
(a) [§114] Principal Acting Through Agent.
(b) [§115] Principal Is Not Liable in Absence of Intent.
(c) [§116] Principal Is Liable Where Intent Is
Unnecessary.
2. Liability of Agent.
(a) [§117] General Rule of Liability.
(b) [§118] Nonparticipating Corporate Officer.
V. REFORM OF CRIMINAL LAW
A. [§119] Agencies and Projects of Reform.
B. [§120] Attitudes Toward Criminal Justice.
C. Compensation of Private Citizens.
1. [§121] Victims of Crime.
2. [§122] Other Persons.
D. [§123] Compensation of Persons Erroneously Convicted.
E. Victims’ Bill of Rights (Proposition 8).
1. [§124] Constitutional Provisions and Statutes.
2. [§125] Declaration of Intent.
3. [§126] Enumerated Rights.
4. [§127] Constitutional Challenges.
5. [§128] Retroactivity.
F. Crime Victims Justice Reform Act (Proposition 115).
1. [§129] Constitutional Provisions and Statutes.
2. [§130] Declaration of Intent.
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3. [§131] Construction of Rights Under United States

Constitution.
4. [§132] Constitutional Challenges.
5. [§133] Application to Pending Cases.
G. Rights of Victims and Witnesses.
2. [§135] Sex Crimes and Domestic Abuse.
3. Mandatory AIDS Testing.

(a) [§136] Proposition 96.
(b) [§137] Transfer of Bodily Fluids.
(c) [§138] Sex Crimes.
H. [§139] Three Strikes Law (Proposition 184).
I. [§140] Gang Violence and Juvenile Crime Prevention Act

(Proposition 21).
J. [§141] Criminal Justice Realignment.
VI. WHITE COLLAR CRIME AND REGULATORY OFFENSES
B. [§143] Investigatory and Procedural Issues.
C. [§144] Enhancement and Punishment Issues.
D. [§145] Business Offenses.
E. [§146] Employment Offenses.
F. [§147] Environmental, Health, and Safety Offenses.
G. [§148] Financial, Securities, and Tax Offenses.
H. [§149] Fraud and Related Offenses.
I. [§150] Offenses Against Governmental Authority.
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CHAPTER OUTLINES
J. [§151] Real Property Offenses.
K. [§152] Technology and Telecommunications Offenses.
L. [§153] Federal Statutes.
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CHAPTER II
ELEMENTS
I. CRIMINAL INTENT
A. General Criminal Intent (“Mens Rea”).
1. [§1] Necessity of Mens Rea.
2. [§2] Purpose and Meaning of Concept.
3. [§3] Proof of Criminal Intent.
4. [§4] Motive Distinguished.
B. Specific Intent.
2. [§6] Evidence and Instructions.
C. Other Mental States.
1. [§7] Wilfulness.
2. Knowledge.
(b) [§9] Facts That Must Be Known.
3. [§10] Corruption.
4. [§11] Malice.
5. [§12] Recklessness.
D. Transferred Intent.
1. Homicide.
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(b) [§14] Where Both Intended and Unintended Victim

Are Killed.
(c) [§15] Where Attempted Murder of Intended Victim Is
Charged.
(d) [§16] Where Intended Victim Is Killed and Attempted
Murder of Unintended Victim Is Charged.
2. [§17] Assault.
E. Offenses Not Requiring Criminal Intent.
1. [§18] Public Welfare Offenses.
2. [§19] Other Offenses.
3. [§20] Constitutional Limitations.
F. [§21] Criminal Negligence in Absence of Intent.
II. CRIMINAL ACT OR OMISSION
B. Negative Act.
1. [§23] General Principles.
2. [§24] Illustrations of Statutory Duty.
C. Single, Multiple, and Included Offenses.
1. [§25] Nature of Problems.
2. Single Act or Transaction.

(a) More Than One Victim or Wrong.
(1) [§26] Multiple Offenses.
(2) [§27] Single Offense.
(b) Violation of More Than One Statute.
(1) [§28] Multiple Offenses.
(2) [§29] Single Offense.
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3. [§30] Several Acts or Transactions.
D. [§31] Possession and Transportation.
E. Solicitation.
1. [§32] Nature of Crime.
2. [§33] General Solicitation Statute.
3. [§34] Solicitation To Commit Murder.
4. [§35] Solicitation To Commit Rape or Sex Offenses.
5. [§36] Miscellaneous Solicitation Statutes.
F. Causation.
2. Direct Causes.
(a) [§38] Foreseeability Is Immaterial.
(b) [§39] Concurrent Causes.
(c) [§40] Preexisting Condition.
3. [§41] Dependent Intervening Causes.
4. Independent Intervening Causes.

(a) [§42] Superseding Causes.
(b) Foreseeable Causes.
(2) [§44] Killing by Another in Response to Felony.
(3) [§45] Negligent Medical Treatment.
(4) [§46] Negative Acts (Omissions).
III. THE CORPUS DELICTI
A. Meaning and Importance of Concept.
1. [§47] What Constitutes Corpus Delicti.
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2. [§48] No Proof by Extrajudicial Admission or Confession

Alone.
3. [§49] Rule Is Not Abrogated by Truth in Evidence Provision

of Proposition 8.
4. [§50] Degree of Crime Is Not an Element.
5. [§51] Identity of Perpetrator Is Not an Element.
6. [§52] When Rule Is Not Applicable.
B. Sufficiency of Proof.
1. [§53] Prima Facie Showing.
2. Circumstantial Evidence.
(b) [§55] Homicide Without Confession or Admission.
IV. ATTEMPTS
A. Nature of Attempt.
2. [§57] Requirement of Specific Intent.
3. [§58] Mere Preparation Is Insufficient.
4. [§59] Solicitation Distinguished.
B. [§60] Conviction Where Crime Is Completed.
C. [§61] Conviction Where Preparation Is Punishable.
D. Sufficiency of Acts.
1. [§62] Test of Proximity to Completed Crime.
2. [§63] Acts Held Sufficient.
3. [§64] Acts Held Insufficient.
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CHAPTER OUTLINES
E. Possibility of Completion of Crime.
2. [§66] Means Used.
3. Circumstances.
(b) [§68] Theft.
(c) Stolen Property.
(2) [§70] Where Property Was Never Stolen.
F. [§71] Voluntary Withdrawal.
V. CONSPIRACY
A. In General.
1. [§72] Nature and Elements.
2. [§73] Punishment.
3. [§74] Supporting Theory and Criticism.
4. [§75] Conspiracy Prosecution Inconsistent With Statute

Defining Substantive Offense.
5. [§76] Conspiracy To Violate Unconstitutional Statute.
6. [§77] Single Conspiracy or Multiple Conspiracies.
7. [§78] Impossibility of Completing Substantive Crime.
8. [§79] Distinct Liability for Substantive Offense.
B. [§80] Agreement.
C. Specific Intent.
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2. Conspiracy To Commit Murder.

(a) [§82] Intent To Kill Is Required.
(b) [§83] Punishable as First Degree Murder.
(c) [§84] Distinction: No Conspiracy To Commit
Attempted Murder.
3. [§85] Knowledge of Illegal Use of Goods or Services.
D. Two or More Persons.
1. [§86] Necessity of Multiple Persons.
2. [§87] Identification and Conviction of Only One

Conspirator.
3. [§88] Husband and Wife.
4. [§89] Where Crime Itself Requires Two Persons.
E. Objects of Conspiracy.
2. [§91] Object Must Be Unlawful.
3. [§92] False Charge, False Suit, and Fraud.
4. [§93] Injury to Public or Obstruction of Justice.
5. [§94] Conspiracy To Commit Any Crime.
F. Overt Act.
1. [§95] Purpose and Necessity.
2. [§96] Sufficiency of Acts.
3. [§97] Voluntary Withdrawal Before or After Overt Act.
G. Liability for Acts of Coconspirators.
1. Relation of Act to Criminal Design.

(a) [§98] Acts Within Scope of Conspiracy.
(b) [§99] Acts Outside Scope of Conspiracy.
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CHAPTER OUTLINES
2. Joining After Commencement of Conspiracy.

(a) [§100] Party to Existing Conspiracy.
(b) [§101] No Liability for Substantive Offense.
3. [§102] Acts After Termination of Conspiracy.
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CHAPTER III
DEFENSES
I. INTRODUCTION
B. [§2] Affirmative Defenses.
C. [§3] Alibi.
II. LACK OF CAPACITY
A. [§4] Children.
B. Mental Retardation.
2. [§6] Application of Statute.
3. [§7] Legal Standard.
4. [§8] Postconviction Claims.
C. Insanity and Other Mental Aberrations.
2. Insanity Defense.
(b) [§11] Temporary Insanity.
(c) [§12] Insane Delusion.
3. Test of Insanity.
(a) [§13] M’Naghten Test: Inability To Distinguish Right
From Wrong.
(b) [§14] A.L.I. Test: Capacity To Appreciate Criminality
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of Conduct.
(c) [§15] Proposition 8: M’Naghten Test Restored.
(d) [§16] “Legally” or “Morally” Wrong.
(e) [§17] Requirement of Mental Disease or Defect.
4. [§18] Distinctions Based on Time of Insanity.
5. [§19] Burden of Proof on Defendant.
6. [§20] Presumption of Insanity From Commitment.
7. Mental Aberrations Not Constituting Insanity.

(a) [§21] Irresistible Impulse.
(b) [§22] Delirium Tremens.
(c) [§23] Psychopaths and Sociopaths.
(d) [§24] Miscellaneous Disorders.
8. [§25] Mental Incapacity.
D. Diminished Capacity.
1. [§26] Former Law.
2. Abolition of Defense.
(a) [§27] Statutory Provisions.
(b) [§28] Statutes Are Constitutional.
(c) [§29] Limitations on Evidence.
E. Intoxicated Persons.
1. [§30] Voluntary Intoxication Is No Defense.
2. Crime Requiring Particular Mental State.

(a) [§31] No Constitutional Right to Intoxication as
Defense.
(b) [§32] Intoxication May Negate Actual Intent.
(c) [§33] Scope of Defense.
(d) [§34] Evidence Must Be Sufficient To Raise Issue.
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F. Unconscious Persons.
1. [§35] Defense of Unconsciousness.
2. [§36] Scope of Defense.
3. [§37] Presumption of Consciousness.
4. [§38] From Involuntary Intoxication.
5. [§39] From Voluntary Intoxication.
G. Corporations and Other Associations.
2. [§41] Corporations.
3. [§42] Partnership as Entity.
4. [§43] Individual Partners.
III. CONDITIONS AFFECTING INTENT
A. [§44] Ignorance of Law Is No Defense.
B. Mistake of Law.
2. [§46] Reliance on Advice, Statute, or Regulation.
C. Mistake of Fact.
1. [§47] Mistake Negating Criminal Intent or Knowledge.
2. [§48] Mistake Resulting From Mental Illness.
3. [§49] Mistake of Fact Distinguished From Mistake of Law.
4. [§50] Where Criminal Intent Is Not Required.
5. Mistake about Consent in Sex Case.

(a) [§51] Reasonable Mistake as Defense.
(b) [§52] Sufficiency of Evidence To Raise Defense.
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6. Mistake about Minor’s Age.

(a) [§53] Unlawful Sexual Intercourse (Statutory Rape).
(b) [§54] Other Acts Against Children.
D. Duress and Necessity.
2. Duress.
(a) [§56] Availability of Defense.
(b) [§57] No Defense to Homicide.
(c) [§58] Fear of Bodily Harm.
(d) [§59] Threat of Harm to Another.
(e) [§60] Threat of Future Danger.
(f) [§61] No “Imperfect Duress.”
3. Necessity.
(a) [§62] Availability of Defense.
(b) [§63] Elements of Defense.
(c) [§64] Burden on Defendant.
(d) [§65] Lack of Alternatives.
(e) [§66] Necessity as Defense to Prison Escape.
IV. SELF-DEFENSE
A. In General.
1. [§67] Nature of Defense.
2. [§68] Conditions for Exercise.
3. [§69] Prisoners and Ex-Felons.
B. Apparent Necessity.
1. [§70] General Requirement.
2. [§71] Exception: Simple Battery.
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C. Determining Whether Belief Is Reasonable.
1. [§72] Reasonableness Based on Defendant’s Perspective.
2. [§73] Evidence of Mental Illness Is Not Admissible.
3. [§74] Threats by Third Person.
D. Use of Force.
1. [§75] Reasonable Force.
2. [§76] Presumption That Force Used in Residence Is

Reasonable.
E. Right To Stand Ground.
1. [§77] No Retreat Rule.
2. Exception: Aggressor or Other Wrongdoer.

(a) [§78] Duty To Retreat.
(b) [§79] Right of Defense After Retreat or Withdrawal.
(c) [§80] Nonfelonious Aggressor.
3. [§81] Pursuit and Punishment.
F. Imperfect Self Defense.
1. [§82] Availability of Defense.
2. [§83] Defense Is Not Available Where Defendant Provokes

Adversary.
3. [§84] Delusion Is Not Sufficient for Defense.
4. [§85] Illustrations.
V. DEFENSE OF THIRD PERSON
A. [§86] Availability of Defense.
B. [§87] Imperfect Defense of Others.
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VI. DEFENSE OF PROPERTY
B. [§89] Use of Deadly Mechanical Devices.
VII. PREVENTION OF CRIME
A. [§90] Dangerous Felony, Breach of Peace, or Public Offense.
B. [§91] Misdemeanor or Nondangerous Felony.
VIII. APPREHENSION OF CRIMINAL
A. [§92] Killing by Officer.
B. [§93] Killing by Private Person.
C. [§94] Where Misdemeanor Is Committed.
D. Limitations on Use of Deadly Force.
1. [§95] Constitutional Limitations.
2. [§96] Limitations on Private Person.
IX. CONSENT OF VICTIM
A. [§97] General Rule: Consent Is Not Defense.
B. [§98] Crime Involving Lack of Consent.
C. [§99] Apparent Consent Improperly Obtained.
X. ENTRAPMENT
A. In General.
2. [§101] Policy Basis for Defense.
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B. Persons Who May Entrap.
1. [§102] Law Enforcement Officer.
2. [§103] Private Person Acting With Government Agent.
3. [§104] No Entrapment by Private Person Acting Alone.
C. Test of Entrapment.
1. [§105] Former Law: Origin of Criminal Intent.
2. [§106] Current Law: Permissible Conduct of Officer.
D. Claim and Trial of Defense.
1. [§107] Claim Is Consistent With Denial of Act.
2. [§108] Burden of Proof.
3. [§109] Instructions.
4. [§110] Showing Sufficient for Defense.
5. [§111] Illustrations of Defense Rejected.
E. Related Defenses.
1. [§112] Outrageous Police Conduct.
2. [§113] Entrapment by Estoppel.
3. [§114] Sentencing Entrapment or Manipulation.
XI. FORMER JEOPARDY
A. In General.
1. [§115] Constitutional and Statutory Provisions.
2. [§116] Nature and Elements of Defense.
3. [§117] Federal and State Standards Are Both Applicable.
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B. Proceedings Not Included.
1. Civil Proceedings.
(a) [§118] Criminal and Civil Proceedings Distinguished.
(b) [§119] Civil Proceedings Are Not Subject to Bar of
Double Jeopardy.
(c) [§120] Civil Forfeiture.
2. [§121] Pretrial Criminal Proceedings.
3. [§122] Single Trial With Multiple Convictions or Acquittals.
4. Proceedings Relating to Sentencing.

(a) [§123] Trial of Noncapital Sentencing Allegations.
(b) [§124] Enhancing and Aggravating Factors.
(c) [§125] Special Circumstance and Aggravation.
5. [§126] Prison Disciplinary Proceedings.
6. [§127] Revocation of Probation or Parole.
7. [§128] Post-Trial Proceedings Not Subject to Defense.
8. [§129] Perjury in Criminal Trial.
C. [§130] Competency of Court and Jury.
D. [§131] Validity of Accusatory Pleading.
E. Proceedings Constituting Jeopardy.
1. Jury Sworn or Trial Entered Upon.

(b) [§133] Jury Sworn.
(c) [§134] Court Trial.
2. [§135] Discharge of Jury: In General.
3. Unwarranted Discharge Without Consent.

(a) [§136] General Rule: Retrial Is Prohibited.
(b) [§137] Express Objection by Defendant Is Not
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Required.
(c) [§138] Distinction: Discharge Without Objection
Before Determination of Truth of Prior
Conviction.
4. Discharge by Consent: Mistrial.

(a) [§139] Defendant’s Motion or Express Consent.
(b) [§140] Defendant’s Implied Consent.
(c) [§141] Complaints About Incidents Are Not
Necessarily Consent.
(d) [§142] Consent by Defendant or Counsel Alone.
(e) [§143] Motion Based on Prosecutorial Misconduct.
5. Mistrial on Court’s Own Motion.

(a) [§144] Federal Rule.
(b) [§145] California Rule.
6. Discharge by Necessity.
(c) [§148] Illness, Incapacity, or Absence of Defendant,
Counsel, or Judge.
(d) [§149] Illness, Incapacity, or Absence of Juror.
(e) Inability of Jurors To Agree (Hung Jury).
(1) [§150] General Principles.
(2) [§151] Determination.
(3) [§152] Multiple Defendants.
(4) [§153] Failure To Receive Partial Verdict:
Multiple Counts.
(5) [§154] Failure To Receive Partial Verdict: Where
Only Greater Offense Is Charged.
(5a) [§154A] (New) Failure To Receive Partial
Verdict: Where Jury Deadlocks on
Enhancement.
(6) [§155] Unreported Jury Agreement on Some
Offenses.
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7. Acquittal.
(b) [§157] Acquittal Directed by Judge.
(c) [§158] Defective Verdict.
(d) [§159] Jury Deadlocked on Lesser Included Offense.
8. [§160] Dismissal.
9. Conviction.
(a) [§161] After Trial.
(b) [§162] On Plea of Guilty.
(c) [§163] After Submission on Transcript.
(d) [§164] Modification of Verdict.
(e) [§165] New Trial.
(f) [§166] Postverdict Dismissal.
10. Retrial After Appeal and Reversal.

(a) [§167] Nature of Problem.
(b) Retrial on Greater Charge Is Prohibited.
(1) [§168] Federal Rule.
(2) [§169] Application of Rule to States.
(3) [§170] Conviction of Offense That Is Not
Jeopardy Barred.
(4) [§171] California Rule.
(c) Increased Punishment: Federal Rule.
(1) [§172] No Increased Punishment as Penalty.
(2) [§173] Distinction: Increased Sentence Imposed
by Jury.
(3) [§174] Distinction: Increased Sentence Based on
Subsequent Events.
(4) [§175] No Increased Punishment Where Prior
Sentence Was Acquittal of Greater
Punishment.
(d) Increased Punishment: California Rule.
(1) [§176] No Increased Punishment.
Chapter Outlines-28
CHAPTER OUTLINES
(2) [§177] Distinction: Appeal From Unauthorized

Sentence.
(3) [§178] Distinction: Appeal From Order Granting
Probation.
(4) [§179] Distinction: Appeal by Prosecution.
(e) Reversal for Insufficiency of Evidence.
(1) [§180] Federal Decisions.
(2) [§181] California Decisions.
(f) [§182] Reversal Over Defendant’s Objection.
11. Proceedings in Another Jurisdiction.

(c) [§185] Illustrations.
F. Same or Included Offense.
1. [§186] Nature of Problem.
2. Single Act but Distinct Offenses.

(a) [§187] Single Act, Several Victims.
(b) [§188] Single Act, Several Statutes.
3. Included Offenses.
(a) [§189] Rule and Test.
(b) [§190] Federal Approach.
(c) [§191] Greater Offense Is Included in Lesser.
(d) [§192] Exceptions.
(e) [§193] Homicide and Other Crimes.
(f) [§194] Burglary, Robbery, and Other Crimes.
(g) [§195] Assault and Other Crimes.
(h) [§196] Sex Offenses and Other Crimes.
(i) [§197] Other Offenses.
Chapter Outlines-29
G. Defendant’s Acts as Waiver of Defense.
1. [§198] New Trial or Reversal on Appeal.
2. [§199] Breach of Plea Bargain.
3. [§200] Judgment Vacated on Collateral Attack.
4. [§201] Dismissal on Technical Grounds or in Interests of

Justice.
5. [§202] Attempting To Create Jeopardy.
6. [§203] Attempting To Create Violation of Prohibition

Against Multiple Prosecution.
7. [§204] Fraud in Procuring Former Conviction.
8. [§204A] (New) Consent to Separate Trials.
H. Methods of Raising Defense.
1. [§205] Plea in Trial Court.
2. [§206] Prohibition.
3. [§207] Habeas Corpus.
XII. RES JUDICATA (COLLATERAL ESTOPPEL)
A. In General.
1. [§208] Doctrine in Criminal Cases.
2. [§209] Relationship to Double Jeopardy.
3. [§210] No Application to Retrial of Same Case.
4. [§211] Denial of Collateral Estoppel Does Not Affect Prior

Judgment.
5. [§212] Perjury in Criminal Trial: No Collateral Estoppel.
6. [§213] How Defense Is Raised.
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CHAPTER OUTLINES
B. Elements and Conditions.
2. Same Parties.
(a) [§215] Different Plaintiffs: Prosecutions by Two
Jurisdictions.
(b) [§216] Different Defendants: Defense Is Not
Available.
(c) [§217] Prior Civil Proceeding.
(d) [§218] Prior Habeas Corpus Proceeding.
(e) [§219] Prior Probation Revocation Hearing.
(f) [§220] Prior Administrative Proceeding.
(g) [§221] Prior Dependency Proceeding.
(h) [§222] Prior Mentally Disordered Person Proceeding.
3. Final Determination on Merits.

(b) [§224] Doctrine Is Not Applicable to Dismissal.
4. Issues Litigated and Determined.

(a) [§225] Nature of Problem.
(b) [§226] Doctrine Applied.
(c) [§227] Doctrine Rejected.
(d) [§228] Retrial of Sentencing Enhancement Allegation.
C. Doctrine Invoked by Prosecution.
1. [§229] Issues of Guilt: Doctrine Applied.
2. [§230] Issues of Guilt: Doctrine Rejected.
3. [§231] Procedural Issues.
4. [§232] Prior Civil Proceeding.
5. [§233] Prior Sexually Violent Predator Proceeding.
Chapter Outlines-31
XIII. STATUTE OF LIMITATIONS
B. Jurisdictional Nature of Statute.
1. [§235] Failure To Raise Defense Is Not Waiver.
2. [§236] Express Waiver.
3. [§237] Implied Waiver to Lesser Offense.
4. [§238] Facially Sufficient Accusatory Pleading.
C. [§239] Burden of Proof.
D. Limitations Periods.
1. [§240] Capital Crimes, Embezzlement of Public Money, and

Felonies.
2. [§241] Misdemeanors and Infractions.
3. [§242] Special Limitations Periods.
E. Determination of Applicable Limitations Period.
1. [§243] Statutory Provision.
2. [§244] What Constitutes Maximum Punishment.
3. [§245] Where Another Crime Is Element of Offense.
4. [§246] Felony-Misdemeanor.
5. [§247] Lesser Included Offenses.
F. Running of Period.
2. When Prosecution Is Commenced.

(b) [§250] John Doe DNA Arrest Warrant May
Commence Prosecution.
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CHAPTER OUTLINES
3. When Period Begins To Run.

(a) [§251] Commission of Crime.
(b) [§252] Discovery of Crime: Statutory Provisions.
(c) [§253] What Constitutes Discovery.
(d) [§254] Who Qualifies as Discoverer.
4. Conspiracy.
(a) [§255] Last Overt Act.
(b) [§256] Completion of Primary Object.
5. [§257] Effect of Amendment to Accusatory Pleading.
G. Tolling of Statute.
2. Sex Offenses Against Minors.

(a) [§259] Former Law and Revision.
(b) [§260] Statutory Requirements.
(c) [§261] Commencement of Prosecution.
(d) [§262] Limitations Issue Need Not Be Bifurcated.
XIV. NONUNIFORM ADMINISTRATION OF LAW
A. [§263] Laxity in Enforcement.
B. Intentional Discriminatory Enforcement.
2. [§265] Methods of Raising Defense.
3. [§266] Burden of Proof on Defendant.
4. [§267] Showing Required To Obtain Discovery.
5. [§268] Showing Sufficient To Raise Defense.
6. [§269] Showing Not Sufficient To Raise Defense.
Chapter Outlines-33
XV. MISCELLANEOUS DEFENSES
A. Immunity for Testifying.
1. [§270] Statutory Immunity.
2. [§271] Nonstatutory Immunity.
B. [§272] Condonation or Compromise.
C. Misfortune or Accident.
2. [§274] Excusable Homicide.
D. Governmental Authority.
1. [§275] Homicide.
2. [§276] Trespass.
3. [§277] Narcotics Offenses.
4. [§278] Diplomatic Immunity.
5. [§279] Vehicle Offenses.
6. [§279A] (New) Other Offenses.
E. [§280] Physical Force on Student.
XVI. UNTENABLE THEORIES OF DEFENSE
A. [§281] Good Motive.
B. [§282] Repentance, Recantation, or Abandonment.
C. [§283] Contributory Negligence of Victim.
D. [§284] Other Untenable Theories.
Chapter Outlines-34
CHAPTER IV
CRIMES AGAINST THE PERSON
I. ASSAULT AND BATTERY
A. In General.
1. Nature of Offenses.
(b) [§2] Relationship Between Offenses.
(c) [§3] Classification of Offenses.
(d) [§4] Similar Offenses.
(e) [§5] Offenses Against Public Safety Providers.
2. Assault.
(a) Unlawful Attempt.
(1) [§6] Intent.
(2) [§7] Proximity.
(b) Present Ability.
(2) [§9] Present Possibility Distinguished.
(3) [§10] Unloaded Gun.
(c) [§11] No Requirement of Identifiable Victim.
(d) [§12] No Crime of Attempted Assault.
3. Battery.
(a) Force or Violence.
(2) [§14] Direct or Indirect.
(b) [§15] Wilful and Unlawful.
Chapter Outlines-35
B. Misdemeanors.
1. [§16] Simple Assault or Battery.
2. Offenses Committed by Specific Means.

(a) [§17] Discharging BB Device in Grossly Negligent
Manner.
(b) [§18] Shining Bright Device at Aircraft.
3. Offenses by or Against Specific Persons.

(a) [§19] Battery on Spouse, Cohabitant, or Other
Intimate.
(b) [§20] Offenses Against Public Safety Providers.
(c) [§21] Offenses Against Transportation Personnel and
Passengers.
(d) [§22] Offenses by Division of Juvenile Facilities
Inmate.
(e) [§23] Offenses Against Other Specified Persons.
4. Offenses Committed at Specific Places.

(a) [§24] School or Park.
(b) [§25] Hospital.
5. [§26] Sexual Battery.
C. Felony-Misdemeanors and Felonies.
2. Assault With Intent To Commit Felony.

(b) [§29] Attempt Distinguished.
(c) Intent To Rape.
(2) [§31] Resistance.
(3) [§32] Voluntary Abandonment.
(4) [§33] Showing Sufficient.
(5) [§34] Showing Insufficient.
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CHAPTER OUTLINES
3. Assault With Force Likely To Produce Great Bodily Injury.

(b) [§36] Nature of Offense.
(c) [§37] Nature of Injury.
(d) [§38] Simple Battery Distinguished.
4. [§39] Battery With Serious Bodily Injury.
5. Assault Committed by Specific Means.

(a) Assault With Deadly Weapon.
(2) [§41] Nature of Offense.
(3) What Intent Is Necessary.
(aa) [§42] General Intent Is Sufficient.
(bb) [§43] Negligence Is Not Sufficient.
(cc) [§44] Knowledge Is Required.
(4) [§45] What Constitutes Attempt.
(5) What Constitutes Deadly Weapon.
(aa) [§46] Determination of Issue.
(bb) [§47] Illustrations.
(b) Discharge of Firearm, Laser, Stun Gun, or Less Lethal
Weapon.
(1) [§48] Discharge of Firearm in Grossly Negligent
Manner.
(2) Discharge of Firearm at Building or Vehicle.
(aa) [§49] Inhabited or Occupied Building or
Vehicle.
(bb) [§50] Uninhabited Building or Unoccupied
Vehicle.
(3) [§51] Discharge of Firearm From Vehicle.
(4) [§52] Discharge of Firearm or Laser at Aircraft.
(5) [§53] Assault With Stun Gun or Less Lethal
Weapon.
Chapter Outlines-37
(c) Assault With Chemicals or Drugs.

(1) [§54] Caustic Chemicals or Flammable
Substances.
(2) [§55] Stupefying Drugs.
6. Offenses by Specific Persons.

(a) [§56] Assault by Public Officer.
(b) Assault or Battery by Convict.
(1) [§57] Assault or Battery Against Nonprisoner.
(2) Assault by Life Prisoner.
(bb) [§59] Life Prisoner.
(cc) [§60] Malice.
(3) [§61] Assault by Prisoner for Less Than Life.
(4) [§62] Battery by Gassing.
(5) [§63] Confined in State Prison.
7. Offenses Against Specific Persons.

(a) Injury to Spouse, Cohabitant, or Fellow Parent.
(2) [§65] Definitions.
(3) [§66] Punishment.
(4) [§67] Multiple Violations.
(5) [§68] Restraining Order.
(b) Offenses Against Public Safety Providers.
(1) [§69] Assault on Peace Officer or Firefighter.
(2) Battery on Public Safety Provider.
(bb) [§71] Injury.
(3) [§72] Assault on School Security Officer.
(4) Assault or Battery on Custodial Officer.
(bb) [§74] Relationship Between Statutes.
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CHAPTER OUTLINES
(5) Performance of Duty.

(aa) [§75] As Element of Offense.
(bb) [§76] Effect of Unlawful Arrest.
(c) Offenses Against Other Specified Persons.
(1) [§77] Governmental Officers.
(2) [§78] Jurors.
(3) [§79] Transportation Personnel and Passengers.
(4) [§80] School Employees.
8. Sexual Battery.
(b) [§82] Definitions.
(c) [§83] Unlawful Restraint.
II. MAYHEM
A. Simple Mayhem.
2. [§85] Relationship to Other Crimes.
3. [§86] Acts Constituting Mayhem.
4. [§87] Intent.
5. [§88] Permanent Maiming or Disfigurement.
B. Aggravated Mayhem.
2. [§90] Intent.
3. [§91] Permanent Maiming or Disfigurement.
III. TORTURE
Chapter Outlines-39
B. [§93] Intent.
C. [§94] Sufficiency of Evidence.
D. [§95] Constitutionality.
IV. HOMICIDE
A. In General.
1. Nature and Classification.

(a) [§96] Crimes Included.
(b) Degrees of Criminal Homicide.
(2) [§98] Jury Instructions.
(c) [§99] Causation.
2. [§100] Determination of Death.
3. [§101] Termination of Life Support.
4. Murder.
(b) Malice Aforethought.
(1) [§103] Difficulty of Definition.
(2) Elements and Distinctions.
(bb) [§105] Qualifying States of Mind.
(3) Evidence to Negate Mental State.
(bb) [§108] Effect of Hallucination.
(cc) [§109] Restrictions on Evidence.
(c) [§110] Attempted Murder.
5. [§111] Manslaughter.
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CHAPTER OUTLINES
6. Killing of Unborn Child.

(b) [§113] Definition of Fetus.
(c) [§114] No Manslaughter of Fetus.
7. [§115] Killing of Young Child by Custodian.
8. [§116] Suicide.
B. First Degree Murder.
3. Premeditation and Deliberation.

(a) [§119] Nature of Requirement.
(b) [§120] Intent Alone Is Not Sufficient.
(c) [§121] Mature Reflection Is Not Required.
(d) Standards for Determining Premeditation and
Deliberation.
(2) [§123] Standards as Guides to Analysis.
(e) Evidence To Negate Mental State.
(1) [§125] General Principles.
(2) [§126] No Reduction to Nonstatutory
Manslaughter for Mental Disorder or
Voluntary Intoxication.
(3) [§127] Burden of Proof.
(f) Showing Sufficient.
(1) [§128] Earlier Decisions.
(2) [§129] Later Decisions.
(g) [§130] Showing Insufficient.
4. Killing by Lying in Wait.

(a) [§131] Form of Premeditated Murder.
Chapter Outlines-41
(b) Concealment.
(2) [§133] Concealment by Disguise.
(3) [§134] Concealment of Purpose.
(4) [§135] Surprise Is Not Required.
(c) [§137] Duration of Waiting.
5. Killing by Torture.
(a) Nature of Crime.
(1) [§138] Intent Required.
(2) [§139] Classification as First Degree Murder.
(b) Elements.
(1) [§140] Necessary Elements.
(2) [§141] Probability of Death.
(3) [§142] Nonelements.
(c) Necessary Proof.
(2) [§144] Showing Sufficient.
6. [§146] Killing by Poison.
7. [§147] Killing by Destructive Device or Explosive.
8. [§148] Killing by Weapon of Mass Destruction.
9. [§149] Killing by Armor-Piercing Ammunition.
10. [§150] Drive-by Murder.
11. Killing in Perpetration of Felony.

(a) Nature of Felony-Murder Doctrine.
(2) [§152] Proof Required.
(3) [§153] Application of Doctrine.
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CHAPTER OUTLINES
(4) [§154] Criticism of Doctrine.

(b) [§155] Specific Intent To Commit Felony.
(c) Connection Between Felony and Killing.
(1) [§156] Logical Nexus Test.
(2) [§157] Continuous Transaction Test.
(3) Escape Rule.
(bb) [§159] Place of Temporary Safety.
(cc) [§160] Rule Extended to Burglary.
(dd) [§161] Rule Extended to Other Offenses.
(ee) [§162] Relationship to Continuous
Transaction Test.
(4) [§163] Death Need Not Be Foreseeable.
(5) [§164] Where Connection Is Insufficient.
(6) [§165] Effect of Merger Doctrine.
(d) Where Victim Is Not Object of Felony.
(2) [§167] Accidental Death of Coconspirator.
(e) Where Killer Is Not Defendant or Accomplice.
(1) [§168] Limited Application of Felony-Murder
Doctrine.
(2) Liability Independent of Felony-Murder Doctrine.
(aa) [§169] Governing Principles.
(bb) [§170] Proximate Cause Analysis.
(cc) [§171] Jury Instructions.
(dd) [§172] Where Conduct of Defendant or
Accomplice Provokes
Resistance.
(ee) [§173] Sufficient Showing of Provocative
Act.
(ff) [§174] Insufficient Showing of Provocative
Act.
(gg) [§175] Where Accomplice Is Responsible
Chapter Outlines-43
for Own Death.

(hh) [§176] Liability for Death of Coconspirator.
(ii) [§177] Use of Victim as Shield.
(f) [§178] Where Defendant Joins Felonious Enterprise
After Killing.
(g) Illustrations.
(1) [§179] Rape.
(2) [§180] Robbery.
(3) [§181] Burglary.
(4) [§182] Mayhem.
(5) [§183] Arson.
(6) [§184] Lewd Act With Child.
(7) [§184A] (New) Sodomy.
(8) [§184B] (New) Kidnaping.
C. Second Degree Murder.
3. Intent To Kill.
(a) [§187] Insufficient Proof of Premeditation.
(b) [§188] Insufficient Provocation or Passion.
4. [§189] Intent To Injure.
5. Killing in Perpetration of Felony.

(b) [§191] Restrictions on Scope of Doctrine.
(c) Felony Inherently Dangerous to Life.
(1) [§192] Nature of Requirement.
(2) Felony Evaluated in the Abstract.
(bb) [§194] Statute Including Multiple Offenses.
Chapter Outlines-44
CHAPTER OUTLINES
(3) [§195] Felonies That Are Inherently Dangerous.

(4) Felonies That Are Not Inherently Dangerous.
(aa) [§196] Escape.
(bb) [§197] False Imprisonment.
(cc) [§198] Unlicensed Practice of Medicine.
(dd) [§199] Grand Theft From the Person.
(ee) [§200] Fleeing Police Officer.
(ff) [§201] Other Felonies.
(d) Merger Doctrine.
(1) [§202] Application in Assault Cases.
(2) [§203] Application to Other Assaultive Felonies.
(3) [§204] Application to Child Abuse Cases.
(4) Decisions Allowing Application of Felony-Murder
Doctrine.
(aa) [§205] Narcotics.
(bb) [§206] Poisons.
(e) Liability Independent of Felony-Murder Doctrine.
(1) Provocative Act Murder.
(aa) [§207] Where Underlying Felony Is
Provocative Act.
(bb) [§208] Where Initiating Gun Battle Is
Provocative Act.
(2) [§209] Killing by Unconscious Agent.
6. Act Involving Risk of Injury or Death.

(a) [§210] Theory of Unintentional Murder.
(b) Nature of Implied Malice.
(2) [§212] Malice Implied From Commission of Act.
(3) [§213] Subjective Element.
(4) [§214] Disregard for Human Safety Compared.
(5) [§215] Implied Malice Resulting From Surgical
Procedure.
Chapter Outlines-45
(c) [§216] Test for Foreseeability of Consequences.

(d) [§217] Homicide by Omission.
(e) [§218] Use of Weapon Likely To Produce Death.
(f) [§219] Battery With Fists.
(g) Vehicular Homicide.
(2) [§221] Relationship to Vehicular Manslaughter.
(3) [§222] Evidence of Voluntary Intoxication.
(4) [§223] Illustrations: Showing Sufficient.
D. Voluntary Manslaughter.
1. Nature of Crime.
(a) [§224] Definition and Elements.
(b) [§225] Killing in Commission of Dangerous Felony
Without Malice or Intent.
2. Distinctions.
(a) Murder and Voluntary Manslaughter.
(1) [§226] Absence of Malice.
(2) [§227] Burden Where Murder Is Not Charged.
(3) [§228] Killing at Request of Victim.
(4) [§229] Diminished Capacity.
(b) [§230] Voluntary Manslaughter and Excusable
Homicide.
3. Provocation.
(b) [§232] Intent To Kill Is Not Required.
(c) Nature of Provocation.
(2) [§234] Acts Constituting Provocation.
(3) [§235] Acts Rarely Constituting Provocation.
(4) [§236] Words or Gestures.
Chapter Outlines-46
CHAPTER OUTLINES
(d) [§237] Insufficient Evidence of Provocation.
4. Heat of Passion.
(b) [§239] When Passion Has Cooled.
(c) [§240] Illustrations: Evidence Sufficient.
(d) [§241] Illustrations: Evidence Not Sufficient.
5. Imperfect Self-Defense.
(a) [§242] Nature of Defense.
(b) [§243] Intent To Kill Is Not Required.
(c) [§244] Sufficiency of Evidence.
6. [§245] Imperfect Defense of Others.
E. Involuntary Manslaughter.
2. Killing in Commission of Misdemeanor.

(b) [§248] Limitations.
(c) [§249] Necessity of Criminal Intent.
(d) [§250] Illustrations.
3. [§251] Killing in Commission of Nondangerous Felony.
4. Negligent Killing in Nonvehicle Cases.

(a) Necessity of Criminal Negligence.
(1) [§252] Lack of Due Caution and Circumspection.
(2) [§253] Ordinary Negligence Test Rejected.
(b) Negligent Handling of Firearms.
(2) [§255] Giving Gun to Another.
(c) [§257] Other Negligent Acts.
Chapter Outlines-47
(d) Negligent Omissions.

(2) [§259] Conviction Affirmed.
(3) [§260] Conviction Reversed.
5. [§260A] (New) Killing in Commission of Dangerous Felony

Without Malice or Intent.
F. Vehicular Homicide.
1. [§261] Former Law of Negligent Homicide.
2. Vehicular Manslaughter.
(b) [§263] Unlawful Act or Unlawful Manner.
(c) [§264] Liability of Passenger.
(d) [§265] Evidence of Unconsciousness.
(e) [§266] Evidence of Gross Negligence.
3. [§267] Vehicular Manslaughter While Intoxicated.
4. Gross Vehicular Manslaughter While Intoxicated.

(b) [§269] Punishment.
(c) [§270] Gross Negligence.
(d) [§271] Jury Instructions.
5. [§272] Causation and Contributory Negligence.
V. FALSE IMPRISONMENT
A. In General.
2. [§274] Similar Offenses.
Chapter Outlines-48
CHAPTER OUTLINES
B. Felony False Imprisonment.
2. [§276] Means Employed.
3. [§277] False Imprisonment of Hostage.
4. [§278] Human Trafficking.
C. Confinement.
2. [§280] Unlawfulness of Confinement.
VI. KIDNAPING
A. Simple Kidnaping.
3. Asportation.
(b) [§284] Movement Incidental to Another Crime.
(c) [§285] Type of Movement Required.
4. [§286] Intent.
5. Force or Fear.
(a) [§287] Element of Offense.
(b) [§288] Application to Infant or Young Child.
(c) [§289] Application to Incapacitated Person.
(d) [§290] Time of Restraint.
6. [§291] Other Kinds of Simple Kidnaping and Related

Offenses.
Chapter Outlines-49
B. Aggravated Kidnaping.
2. Kidnaping for Robbery.

(b) Specific Intent.
(2) [§295] Escape.
(c) Asportation.
(1) [§296] Former Law.
(2) Nonincidental Movement Increasing Risk of Harm.
(bb) [§298] Nature of Requirement.
(3) [§299] Illustrations: Evidence Sufficient.
(4) [§300] Illustrations: Evidence Not Sufficient.
3. Kidnaping for Extortion or Ransom.

(a) In General.
(1) [§301] Nature of Crime and Punishment.
(2) [§302] Nature of Extortion.
(b) Bodily Harm.
(1) [§303] Serious Harm Present.
(2) [§304] Serious Harm Not Present.
(3) [§305] Causation.
(4) [§306] Intent.
(c) [§307] Substantial Likelihood of Death.
(d) [§308] Detention Without Asportation.
(e) [§309] Distinction: Restraint Incidental to Robbery.
4. Kidnaping To Commit Sex Offense.

(b) Nonincidental Movement Increasing Risk of Harm.
(1) [§311] Applicable Test.
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CHAPTER OUTLINES
(2) [§312] Application of Test.

5. Kidnaping to Facilitate Carjacking.

(b) [§315] Nonincidental Movement Increasing Risk of
Harm.
C. [§316] Attempted Kidnaping.
D. [§317] Representations To Obtain Ransom.
VII. CHILD ABDUCTION
A. In General.
1. [§318] Nature of Crimes.
2. [§319] Proof of Intent.
3. [§320] Bases for Jurisdiction.
4. [§321] Protective Custody.
5. [§322] Bail.
B. Abduction by Person Without Right of Custody.
2. Taking by Parent.
(b) [§325] Taking by Abandoning Parent.
3. Taking by Unwed Father.

(a) [§326] Taking by Presumed Natural Father.
(b) [§327] Taking by Alleged Natural Father.
C. Deprivation of Custody or Visitation.
Chapter Outlines-51
2. [§329] Physical Custody or Visitation Right Is Required.
3. [§330] Exception: Belief That Child Will Suffer Injury or

Harm.
D. [§331] Factors in Aggravation and Mitigation.
E. [§332] Removal or Concealment of Child During Adoption

Proceeding.
VIII. STALKING
B. [§334] Definitions.
C. [§335] Punishment.
D. [§336] Protective Order.
E. Release or Escape.
1. [§337] Notice of Release or Escape.
2. [§338] Release on Bail.
Chapter Outlines-52
CHAPTER V
CRIMES AGAINST PROPERTY
I. THEFT
A. In General.
1. [§1] Statutory Consolidation of Offenses.
2. [§2] Procedural Distinctions Abolished.
3. [§3] Substantive Distinctions Remain.
B. Grand and Petty Theft.
1. Grand Theft.
(a) [§4] Value of Property.
(b) [§5] Specified Kinds of Property.
(c) Taking From the Person.
(2) [§7] Meaning of “From the Person.”
(d) [§8] Punishment.
2. [§9] Petty Theft.
3. Determining Value.
(b) [§11] Instrument or Services.
4. Single and Multiple Offenses.

(a) [§12] Nature of Problem and Test.
Chapter Outlines-53
C. Larceny.
1. Taking Without Consent.

(a) [§14] Trespassory Taking.
(b) [§15] Larceny by Trick.
(c) [§15A] (New) Shoplifting.
(d) [§15B] (New) Organized Retail Theft.
2. [§16] Carrying Away.
3. [§17] Personal Property.
4. Victim’s Ownership or Possession.

(a) Possession of Owner.
(2) [§19] Partners and Coowners.
(3) [§20] Lost Property.
(b) [§21] Possession of Interest of Others.
(c) [§22] Illegal Property.
5. Intent To Steal.
(a) [§23] Necessity of Intent.
(b) Requisites of Intent.
(1) [§24] Concurrence of Taking and Intent.
(2) [§25] Intent To Keep Permanently.
(3) [§26] Circumstantial Evidence.
(c) [§27] Mistake and Claim of Right.
(d) [§28] Spurious Defenses.
D. Embezzlement.
2. [§30] Subjects of Embezzlement.
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CHAPTER OUTLINES
3. Elements of Embezzlement.
(a) Relationship of Trust and Confidence.
(2) [§32] Trustees.
(3) [§33] Other Persons.
(b) Appropriation With Fraudulent Intent.
(2) [§35] Proof of Intent.
4. Defenses.
(a) Claim of Title.
(1) [§36] Nature and Scope of Defense.
(2) [§37] Partners or Spouses.
(3) [§38] Limitations on Defense.
(b) [§39] Claim of Authority.
(c) Spurious Defenses.
(1) [§40] No Demand.
(2) [§41] Intent To Restore and Restoration.
(3) [§42] Other Untenable Defenses.
5. [§43] Embezzlement by Public Officer or Employee.
E. Misappropriation of Public funds.
1. [§44] Statutory Provisions.
2. [§45] Embezzlement Distinguished.
F. Diversion of Construction Funds.
1. [§46] Nature of Offense.
2. [§47] Diversion of Funds and Harm.
G. False Pretenses.
1. In General.
(a) [§48] Nature of Crime.
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(b) [§49] Related Offenses.

(c) [§50] Subjects of False Pretenses.
(d) [§51] Necessity of Writing or Corroboration.
2. [§52] Intent To Defraud.
3. False Representation.
(a) Misrepresentation of Fact.
(b) [§55] Misrepresentation of Opinion.
(c) Misrepresentation of Intention.
(1) [§56] Future Events or Conduct.
(2) [§57] Former Rule: False Promise Is Not Basis
for Conviction.
(3) [§58] Current Rule: False Promise Is Basis for
Conviction.
4. Reliance on Representation (Causation).

(a) [§59] Necessity of Actual Reliance.
(b) [§60] Imputed Knowledge of Agent or Officer.
(c) [§61] Indirect Causation.
(d) [§62] Interval Between Representation and Effect.
(e) [§63] Gullible Victim.
5. Victim Defrauded.
(b) [§65] Defendant Not Benefited.
(c) [§66] Title Retained by Victim.
(d) [§67] Value Received by Victim.
(e) [§68] Property Recovered by Victim.
(f) [§69] Illegality or Victim’s Fraud.
6. Larceny Distinguished.
(a) [§70] Intention To Part With Title.
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CHAPTER OUTLINES
II. RECEIVING STOLEN PROPERTY
A. [§72] Nature of Crime.
B. [§73] Statute Is Constitutional.
C. Elements of Offense.
1. [§74] Property Stolen or Extorted.
2. Receiving, Concealing, Selling, or Withholding.

(a) [§75] Receiving.
(b) [§76] Concealing, Selling, or Withholding.
(c) Original Crime Is Distinct.
(1) [§77] Basic Principle.
(2) [§78] Dual Conviction.
(3) [§79] Thief as Accomplice of Receiver.
(4) [§80] Concealing and Withholding After Theft.
3. Knowledge.
(b) [§82] Proof by Circumstantial Evidence.
(c) [§83] Distinction for Insubstantial Evidence.
(d) [§84] Particular Vendors and Dealers.
III. ROBBERY
A. In General.
2. [§86] Degrees of Robbery.
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B. Taking.
1. Possession of Another.
(a) [§88] Physical Custody and Control.
(b) Constructive Possession.
(1) [§89] Special Relationship.
(2) [§90] Representative Capacity.
(3) [§91] Employees.
2. [§92] From Person.
3. From Immediate Presence.

(a) [§93] Broad Interpretation.
(b) [§94] Restricted Interpretation.
(c) [§95] Element May Be Satisfied During Asportation.
4. [§96] Asportation.
C. Force or Fear.
2. [§98] Escape With Loot.
3. [§99] Force.
4. Fear.
(a) [§100] Nature of Fear.
D. Intent To Steal.
1. [§102] Intent To Permanently Deprive.
2. [§103] Right to Possession or Ownership.
3. [§104] Accident, Inadvertence, and After Acquired Intent.
4. [§105] Money Lost in Gambling.
5. [§106] Collection of Debt.
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CHAPTER OUTLINES
IV. VEHICLE OFFENSES
A. Unlawful Taking of Vehicle.
2. [§108] Distinctions.
3. [§109] What Constitutes Driving or Taking Vehicle.
4. [§110] Lack of Consent by Owner.
5. [§111] Specific Intent.
6. [§112] Relationship to Receiving Stolen Property.
7. [§113] Related Offenses.
B. Carjacking.
2. [§115] From Person or Immediate Presence.
3. [§116] Against Victim’s Will.
4. [§117] Asportation.
5. [§118] Robbery Distinguished.
V. EXTORTION
A. In General.
2. [§120] Elements of Extortion.
3. [§121] Causation.
B. Threats Inducing Fear.
1. [§122] To Injure Person or Property.
2. [§123] To Accuse of Crime.
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3. [§124] To Defame or Expose.
4. [§124A] (New) To Report Immigration Status.
C. Special Forms of Crime or Attempt.
1. [§125] Sending Threatening Letter.
2. [§126] Obtaining Signature by Threat.
VI. BURGLARY
B. Degrees of Burglary.
1. First Degree.
(b) Inhabited Dwelling.
(2) [§131] Carport.
(3) [§132] Other Illustrations.
2. [§133] Second Degree.
3. [§134] Burglary With Torch or Explosives.
C. Elements of Burglary.
1. Places Subject to Burglary.

(a) Structures.
(2) [§136] Buildings.
(3) [§137] Rooms.
(b) [§138] Locked Vehicles.
(c) [§139] Other Vehicles, Vessels, and Aircraft.
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CHAPTER OUTLINES
2. Entry.
(a) Nature of Requirement.
(1) [§140] Method of Entry.
(2) [§141] Entry To Commit Crime in Another Place.
(3) [§142] Multiple Entries.
(b) Consent.
(1) [§143] Trespassory Entry Is Not Necessary.
(2) [§144] Consent by One Possessor for Purpose of
Injuring Another Possessor.
(3) [§145] Consent As Defense.
(4) [§146] Entry of Public During Business Hours.
3. Intent to Commit Theft or Felony.

(a) Intent of Perpetrator at Time of Entry.
(2) [§148] Failure of Intended Purpose.
(3) [§149] Intoxication as Defense.
(b) [§150] Intent of Aider and Abettor.
(c) [§151] Intent To Commit Theft.
(d) [§152] Intent To Commit Felony.
(e) Circumstantial Evidence To Prove Intent.
(2) [§154] Acts Before Entry.
(3) [§155] Method of Entry.
(4) [§156] Conduct on Premises and After Leaving.
D. [§157] Proof of Possession of Stolen Property.
VII. BURGLARIOUS AND LARCENOUS INSTRUMENTS
A. Burglary Tools.
1. [§158] Possession and Sale of Specified Instruments or

Tools.
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2. [§159] Meaning of “Other Instrument or Tool.”
3. [§160] Requirement of Intent.
4. [§161] Making, Altering, or Repairing Key or Specified

Instruments.
B. [§162] Motor Vehicle Master Keys and Alarm Devices.
VIII. LOOTING
B. [§164] Punishment.
IX. FORGERY AND RELATED CRIMES
A. Forgery.
1. [§165] Basic Crime.
2. Writing or Other Subject.

(a) [§166] Listed Writings.
(b) [§167] Unlisted Writings.
(c) [§168] Writing Must Have Legal Significance.
3. False Making or Alteration.

(a) False Signature.
(2) [§170] Lack of Authority To Sign.
(3) [§171] Proof.
(4) [§172] Fictitious Name.
(b) Genuine Signature: Fraud in Inception.
(1) [§173] Fraud in Inception as Forgery.
(2) [§174] Distinction: Signature Fraudulently Used.
(c) [§175] Alteration.
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CHAPTER OUTLINES
4. Intent To Defraud.
(a) [§176] Requirement and Proof.
(b) [§177] Distinctions and Spurious Defenses.
B. Uttering False Instrument.
2. [§179] Attempt to Pass.
C. Issuing Check To Defraud.
1. [§180] Nature of Crime and Punishment.
2. [§181] False Pretenses Distinguished.
3. Elements of Crime.
(a) [§182] Drawing or Delivering Check.
(b) [§183] Insufficient Funds or Credit.
(c) [§184] Knowledge.
(d) Intent To Defraud.
(2) [§186] Disclosure and Promise To Deposit
Funds.
(3) [§187] Expectation of Funds.
D. Official Document Offenses.
1. Offering Instrument for Record.

(b) [§189] What Are Instruments.
2. [§190] Altering Public Records.
3. [§191] False Citizenship or Residency.
E. Other Offenses.
1. [§192] Possession of Forged Writing.
2. [§193] Counterfeiting.
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3. [§194] False Pretenses.
4. [§195] Fictitious Check or Note.
5. [§196] Crimes Involving Forged Instruments.
6. Special Types of Forgery.

(a) [§197] Trademarks.
(b) [§198] Communications and Transportation.
(c) [§199] Motor Vehicle Items.
(d) [§200] Miscellaneous Offenses.
X. FALSE PERSONATION, CHEATS, AND BUSINESS FRAUDS
B. Impersonation.
1. [§202] General Statute.
2. [§203] Marriage and Birth of Child.
3. [§204] Notary Public.
4. Public Officers.
(a) [§205] General Statute.
(b) [§206] Peace Officers.
(c) [§207] Fire Department Personnel.
(d) [§208] State or Municipal Officer or Employee.
(e) [§208A] (New) Search and Rescue Team.
5. [§209] Military, Veterans, and Societies.
6. [§210] Other Impersonation Statutes.
C. [§211] Concealment of Personal Identity.
D. Personal Information Trafficking.
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CHAPTER OUTLINES
2. [§213] Offenses.
3. [§214] Procedures For Victims of Identity Theft.
E. Frauds Involving Credit and Other Access Cards.
2. [§216] Theft.
3. [§217] Forgery, Alteration, or Counterfeiting.
4. [§218] Use of Card To Obtain Items of Value.
5. [§219] Offenses of Retailer.
6. [§220] Publication of Card Number or Code.
7. [§221] Possession or Use of Scanning and Reencoding

Devices.
F. Insurance Fraud.
1. [§222] Fraudulent Claims.
2. [§223] Fraudulent Statements.
3. [§224] Health Care Benefits.
4. [§225] Workers’ Compensation Claims.
5. [§226] Destruction of Insured Property.
6. [§227] Procuring, Accepting, or Referring Business.
G. Computer Crimes.
1. [§228] Statutory Framework.
2. [§229] Offenses and Exceptions.
3. [§230] Punishment, Conditions, and Forfeiture.
H. Offenses Involving Telecommunication Services.
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2. [§232] Specific Means of Avoiding Charges.
3. [§233] Use of Specific Equipment To Avoid Charges.
4. [§234] Use of Credit Card Code.
5. [§235] Fraud Involving Telecommunication Device.
I. False Advertising.
2. [§237] Business and Professional Licenses and Employment.
3. [§238] Real Estate, Environment, and Energy.
4. [§239] Contests and Prizes.
5. [§240] Telemarketing and Electronic Ordering of Goods.
6. [§241] Automobile and Automobile Products.
7. [§242] Miscellaneous Topics.
J. Offenses Involving Representation of Goods.
1. [§243] False Labeling or Designation of Goods.
2. [§244] Removal of Identifying Marks or Labels.
K. False Weights and Measures.
2. [§246] Weighing and Measuring Devices.
3. [§247] Packaging and Labeling.
L. Record Piracy.
1. [§248] Unauthorized Transfer of Sound Recordings.
2. [§249] Unauthorized Recording of Live Performance.
3. [§250] Unlawful Sale or Transport of Recording of Live

Performance.
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CHAPTER OUTLINES
4. [§251] Failure To Disclose Origin of Sound Recording.
M. Other Offenses.
1. [§252] Electronic Dissemination of Commercial Work.
2. [§253] Fraudulent Property Transactions.
3. [§254] Vendor’s Excessive Encumbrance or

Misappropriation.
4. [§255] Wrongful Acquisition of Trade Secret.
4A. [§255A] (New) Wrongful Disclosure of Trade Secret.
5. [§256] Frauds Involving Commercial Bailments.
6. [§257] Misuse of Odometer.
7. [§258] Misuse of Degree or Diploma.
8. [§259] Offenses Involving Identification Documents.
9. [§260] Improper Commercial Activities.
10. [§261] Rent Skimming.
11. [§262] Prohibited Claims.
12. [§263] Defrauding Hotel, Restaurant, etc.
13. [§264] Defrauding Service Company.
14. [§265] Miscellaneous Frauds.
XI. ARSON AND RELATED CRIMES
A. [§266] Nature of Crimes.
B. Statutory Coverage.
1. [§267] Definitions.
2. Offenses and Punishment.

(a) [§268] Arson.
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(b) [§269] Aggravated Arson.

(c) [§270] Unlawfully Causing Fire.
(d) [§271] Possession of Flammable Materials or
Incendiary Device.
(e) [§272] Attempt.
3. [§273] Additional Punishment and Conditions.
C. Elements.
1. [§274] Burning.
2. [§275] Incendiary Origin.
3. [§276] Mental State.
XII. MALICIOUS MISCHIEF
A. [§277] Nature of Crimes.
B. Vandalism.
2. Implements of Vandalism.
(a) [§279] Etching Cream and Aerosol Paint.
(b) [§280] Implements of Cutting and Marking.
3. Punishment.
(b) [§282] Vandalism to Religious Institution or
Cemetery.
(c) [§283] Use of Noxious or Caustic Substance.
(d) [§284] Vandalism to Highway or Freeway.
(e) [§285] Additional Conditions.
4. [§286] Graffiti.
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CHAPTER OUTLINES
C. Trespass and Injury to Property.
2. Entry Without Destruction or Taking.

(a) [§288] The Trespass Statute.
(b) [§289] Public Property Offenses.
(c) [§290] Posted Industrial Property.
(d) [§291] Railroad and Rail Transit Property.
(e) [§292] Entry To Carry Out Threat.
(f) [§293] Commercial Business or Public Agency.
(g) [§294] Noncommercial Dwelling.
(h) [§295] Real Property of Academic Researcher.
(i) [§296] Miscellaneous Statutes.
(j) [§297] Labor Activity Exception.
3. Injury, Destruction, or Taking.

(a) [§298] Statutory Framework.
(b) [§299] Acts Directed at Vehicles.
(c) [§300] Acts Directed at Aircraft.
(d) [§301] Acts Involving Roads, Highways, or Traffic
Devices.
(e) Public Utilities.
(1) [§302] Railroad Property and Equipment.
(2) [§303] Public Transportation Vehicles or
Facilities.
(3) [§304] Telecommunication Lines and Equipment.
(4) [§305] Miscellaneous.
(f) [§306] Cable System Devices and Connections.
(g) [§307] Other Property.
D. Offenses Involving Vehicles.
1. [§308] Tampering or Injuring.
2. [§309] Motor Vehicle Chop Shops.
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E. Crimes Against Animals.
2. [§311] Torture, Killing, and Poisoning.
3. [§312] Neglect.
4. Fighting.
(a) [§313] Dogfighting.
(b) [§314] Other Animals.
5. [§315] Commercial Use of Rabbits, Chicks, or Other Fowl.
6. [§316] Endangered Species.
7. [§317] Miscellaneous Offenses.
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CHAPTER VI
SEX OFFENSES AND CRIMES AGAINST DECENCY
I. RAPE
A. In General.
2. [§2] Statutory Offenses.
4. [§4] Who May Commit Rape.
5. [§5] Intercourse (Penetration).
6. [§6] Lack of Consent.
7. [§7] Single and Multiple Offenses.
B. Rape of Nonspouse.
1. [§8] Statutory Definition.
2. Force or Violence.
(b) [§10] Nature of Force Required.
(c) [§11] Resistance Is Not Required.
3. Intimidation.
(a) [§12] Menace, Duress, or Fear.
(b) [§13] Threatened Retaliation.
(c) [§14] Threatened Use of Public Officer’s Authority.
(d) [§15] Evidence of Fear.
4. [§16] Fraud.
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5. Condition of Victim.
(a) [§17] Victim Unconscious.
(b) [§18] Victim Intoxicated.
(c) [§19] Victim Disabled.
C. [§20] Spousal Rape.
D. [§21] Forcible Rape in Concert.
E. Unlawful Sexual Intercourse.
3. [§24] Person Under Age 18.
4. [§25] Mistaken Belief as to Age.
5. [§26] Proof of Prior Unchastity.
II. OTHER NONCONSENSUAL SEX OFFENSES
A. Sodomy.
3. [§29] Age of Participants.
6. [§34] Acts in Concert.
B. Oral Copulation.
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CHAPTER OUTLINES
2. [§36] Penetration.
5. [§39] Condition of Victim.
6. [§40] Acts in Concert.
C. Lewd or Lascivious Acts.
2. Lewd Act With Child.

(b) [§43] Attempt.
(c) [§44] Punishment.
(d) [§45] The Child.
(e) [§46] Related Offenses.
3. [§47] Lewd Act With Dependent Adult.
4. Force, Violence, or Similar Means.

(a) [§48] Nature of Force.
(b) Nature of Duress or Menace.
(2) [§50] Where Defendant Is Member of Victim’s
Family.
(3) [§51] Where Duress Is Based on Threat of
Hardship.
(c) [§52] Consent Is Not Defense.
5. [§53] Specific Intent.
6. Nature of Lewd or Lascivious Act.

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D. Penetration by Foreign or Unknown Object (Object Rape).
E. Continuous Sexual Abuse of Child.
2. [§63] Recurring Access.
3. [§64] Relationship to Other Sex Offenses.
F. Miscellaneous Offenses.
1. [§65] Aggravated Sexual Assault of Child.
2. [§66] Arranging To Meet With Minor for Immoral Purposes.
3. [§67] Contacting or Communicating With Minor for

Immoral Purposes.
4. [§68] Sexual Contact With Dead Body.
5. [§69] Sex Offense by Fraud Inducing Fear.
III. SEX OFFENSES BY SPECIFIED PERSONS
A. [§70] Prisoners.
B. [§71] Health or Detention Facility Employees, Officers, or

Agents.
C. [§72] Health Care Professionals.
D. [§72A] (New) Members of Active Militia.
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CHAPTER OUTLINES
IV. ABDUCTION AND SEDUCTION
A. [§73] Abduction for Marriage or Defilement.
B. [§74] Abduction for Prostitution.
C. [§75] Seduction for Prostitution.
V. PROSTITUTION, PIMPING, AND PANDERING
B. Prostitution.
3. [§79] Keeping House and Related Offenses.
C. Taking, Placing, or Leaving Person for Prostitution.
1. [§80] Taking Person.
2. [§81] Placing or Leaving Wife.
D. Pimping.
2. [§83] Deriving Support.
3. [§84] Soliciting for Compensation.
E. Pandering.
1. In General.
(b) [§86] Single and Multiple Offenses.
(c) [§87] Place of Prostitution.
(d) [§88] Compensation Is Not Required.
(e) [§89] Consent Is No Defense.
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2. What Constitutes Procurement.

(a) [§90] Intent Required.
(b) [§91] Procurement for Performance.
(c) [§92] Operator as Procurer.
3. [§93] What Constitutes Encouragement.
VI. OBSCENITY AND RELATED OFFENSES
A. In General.
2. [§95] Constitutional Standards.
B. Obscene Matter.
1. Definitions.
(b) Obscene Matter.
(1) [§97] Statutory Definition.
(2) [§98] Constitutionality.
(c) [§99] Representation of Information, Data, or Image.
3. Establishing Community Standards.

(a) [§101] Statewide Standards Govern.
(b) [§102] Expert Testimony Is Not Required.
(c) [§103] Comparison Evidence Is Admissible.
4. Sale or Distribution.
(b) [§105] Material Depicting Minors.
(c) [§106] Exempt Matter and Activities.
5. [§107] Advertising.
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CHAPTER OUTLINES
6. [§108] Requiring Receipt of Obscene Matter.
7. Exposing Minor to Obscenity.

(b) [§110] Using Minor To Sell, Distribute, etc.
(c) Using Minor To Produce.
(1) [§111] Commission of Offense for Commercial
Purposes.
(2) [§112] Commission of Offense Established
Without Proof of Commercial
Purposes.
8. Sexual Exploitation of Minor.

(b) [§114] Possession or Control of Child Pornography.
(c) [§115] Enforcement.
8A. [§115A] (New) Offense Involving Government Property.
9. Defenses and Exemptions.

(a) [§116] Legitimate Purpose Defense.
(b) [§117] Restricted Transmission or Access Defense.
(c) [§118] Exempt Persons and Services.
(d) [§119] Private Possession Is Not Crime.
C. Harmful Matter.
1. Exposing Minor to Harmful Matter.

(c) [§122] Vending Machines.
(d) [§123] Video Recordings.
(e) [§124] Exemptions and Defenses.
2. [§125] Distribution With Intent To Seduce.
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D. Indecent Exposure.
2. [§127] Topless Dancing.
3. [§128] Nude Sunbathing.
E. Other Offensive Acts.
1. [§130] Obscene Exhibition.
2. [§131] Participating in Obscene Live Conduct.
3. [§132] Offensive Language.
4. [§133] Invasion of Privacy for Sexual Arousal.
VII. BIGAMY
A. In General.
2. [§135] Cohabitation in California After Bigamous Marriage

Elsewhere.
3. [§136] Evidence and Burden of Proof.
B. Defenses.
1. [§137] Spouse Has Been Absent for Five Years.
2. [§138] Prior Marriage Is Invalid or Has Been Dissolved.
3. [§139] Honest Mistake of Fact.
VIII. INCEST
B. [§141] Relationship of Half Blood.
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CHAPTER OUTLINES
C. [§142] Consent to Prohibited Relationship.
D. [§143] Knowledge of Prohibited Relationship.
IX. NONSUPPORT
A. Nonsupport of Child.
3. [§146] Spiritual Treatment Only.
4. [§147] Enforcement of Support Obligation.
5. [§148] Proof of Parentage.
6. [§149] Proof of Wilfulness.
B. Nonsupport of Spouse.
2. [§151] Spouse’s Independent Means or Support by Others.
C. [§152] Nonsupport of Parent.
X. NEGLECT OR MISTREATMENT OF CHILD
A. [§153] Desertion or Abandonment.
B. Contributing to Delinquency of Minor.
2. [§155] Parental Liability.
3. [§156] Relationship to Other Offenses.
C. Failure To Report Child Abuse.
1. [§157] Reporting Requirement.
2. [§158] Persons and Organizations Required To Report.
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4. [§160] Immunity From Liability.
D. Wilful Cruelty.
1A. [§161A] (New) Defenses.
3. [§163] Mens Rea.
4. [§164] Infliction of Mental Suffering.
5. [§165] Care or Custody.
6. [§166] Spiritual Treatment Only.
7. [§167] Dangerous Situations.
8. [§168] Course of Conduct.
E. Miscellaneous Acts of Mistreatment.
2. Injury to Child.
(c) [§172] Parent’s Right To Discipline.
3. [§173] Serious Injury to Young Child by Custodian.
4. [§174] Dangerous or Improper Employment.
5. [§175] Exposing Minor to Immorality.
6. [§176] Luring or Transporting Minor.
7. [§177] Publishing Information To Facilitate Crime Against

Minor.
8. [§178] Harassment of Minor Victim of Sex Offense.
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CHAPTER OUTLINES
9. [§178A] (New) Failure To Report Child Dead or Missing.
XI. ABUSE OF ELDERS AND DEPENDENT ADULTS
A. In General.
2. [§180] Infliction of Unjustifiable Pain or Suffering.
3. [§181] Injury to Health by Caretaker.
4. [§182] Theft, Embezzlement, Forgery, Fraud, or Identity

Theft.
5. [§183] False Imprisonment.
6. [§184] Course of Conduct.
7. [§185] Validity of Statute.
B. [§186] Report of Abuse.
C. [§187] Sex Offender Registration.
D. [§188] Related Legislation.
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CHAPTER VII
CRIMES AGAINST PUBLIC PEACE AND WELFARE
I. BREACH OF THE PEACE AND RELATED OFFENSES
A. Disturbing the Peace.
2. [§2] Former Statute.
3. [§3] Current Statute.
B. Brandishing Weapon.
1. [§4] Basic Offense.
2. [§5] Unusual Weapons.
3. Particular Circumstances.
(a) [§6] Day Care Center.
(b) [§7] Presence of Motor Vehicle Occupant.
(c) [§8] Presence of Peace Officer.
(d) [§9] Brandishing To Resist Arrest or Prevent
Detention.
4. [§10] Intentional Infliction of Serious Bodily Injury.
C. Fighting Contests.
1. [§11] Illegal Prize Fighting.
2. [§12] Legal Boxing and Martial Arts.
D. Unlawful Assembly, Rout, and Riot.
2. [§14] Unlawful Assembly.

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3. [§15] Violation of Curfew.
4. [§16] Riot and Lynching.
5. [§17] Incitement to Riot.
6. [§18] Dispersal of Unlawful Assembly or Riot.
E. Terrorizing.
2. [§20] Placing Sign, Desecrating Religious Symbol, or

Hanging Noose.
3. [§21] Interference With Religious Worship.
4. [§22] By Arson or Explosives.
5. [§23] Harassment of Child.
F. Criminal Threats.
2. [§25] Communication to Victim.
3. [§26] Conditional Nature of Threat.
4. [§27] Unequivocal, Immediate, Specific Nature of Threat.
5. [§28] Victim’s Mental State.
6. [§29] Attempted Threat.
7. [§30] Threat Against Academic Researcher.
G. Street Terrorism and Criminal Street Gangs.
2. What Constitutes Criminal Street Gang.

(a) [§32] Definition.
(b) [§33] Primary Activities.
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CHAPTER OUTLINES
(c) Pattern of Criminal Gang Activity.

(1) [§34] Elements.
(2) [§35] Nature of Predicate Crimes.
3. Participation in Gang.
(a) Participation as Crime.
(2) [§37] What Constitutes Active Participation.
(b) Participation as Basis for Sentence Enhancement.
(1) [§38] Enhancement Amounts.
(2) [§39] Primary Activities Requirement.
(3) [§40] Benefit of Gang Requirement.
(4) [§41] Bifurcation.
(5) [§42] Fifteen-Year Parole Eligibility Minimum.
(c) [§43] Alternate Penalty Provision for Public Offenses.
4. Related Offenses.
(a) [§44] Solicitation or Coercion To Participate in Gang.
(b) [§45] Supplying Firearms to Gang.
(c) [§46] Place Used by Gang as Nuisance.
H. Obstruction of Free Movement or Access.
1. [§47] Public Place.
2. [§48] Health Care Facility, Place of Worship, or School.
I. Interference With Educational Institution.
2. [§50] Disturbing the Peace.
3. [§51] Obstructing Attendance of Student or Teacher at

College or University.
4. [§52] Entry on Campus by Suspended or Dismissed Student

or Employee.
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5. Entering or Remaining on Campus After Withdrawal of

Consent.
(b) [§54] Purpose and Limits of Statute.
6. Reentering or Remaining on Campus After Direction To

Leave.
(a) [§55] Persons Not Affiliated With Institution.
(b) [§56] Disruptive Persons.
(c) [§57] Registered Sex Offenders.
(d) [§58] Drug Offenders.
7. [§59] Reentering or Remaining on Campus Without

Registering.
J. Miscellaneous Offenses.
1. [§60] Disturbing an Assembly.
2. [§61] Terrorism by Weapons of Mass Destruction.
3. [§62] Paramilitary Activities.
4. [§63] Forcible Entry and Detainer.
5. [§64] Improper Picketing Activity.
6. [§65] Unlawful Conduct at Sporting Event.
7. [§65A] (New) Disturbing Funeral Service.
II. DISORDERLY CONDUCT
B. Soliciting or Engaging in Public Lewd or Dissolute Conduct.
2. [§68] What Constitutes Lewd or Dissolute Conduct.
C. [§69] Invasion of Privacy.
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CHAPTER OUTLINES
D. Loitering.
1. [§70] About Public Toilet.
2. [§71] On Another’s Property.
3. [§72] About Schools or Places Attended by Children.
4. [§73] For Drug Activities.
5. [§74] For Prostitution.
6. [§75] Former Prohibition Against Loitering on Streets.
E. Public Intoxication.
2. [§77] Statute Is Constitutional.
3. [§78] What Is Public Place.
4. [§79] Placement in Civil Protective Custody.
F. Annoying or Molesting Children.
2. [§81] Construction and Application of Statute.
G. [§82] Begging.
H. [§83] Camping on Public Property.
III. NARCOTICS AND OTHER CONTROLLED SUBSTANCES
A. [§84] California Statutes and General Law.
B. Classification of Controlled Substances.
1. [§85] Uniform Controlled Substances Act.
2. California Act.
(b) [§87] Substances Formerly Classified as Narcotics.
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(c) [§88] Substances Formerly Classified as Restricted

Dangerous Drugs.
(d) [§89] Analogs of Controlled Substances.
(e) Marijuana.
(2) [§91] Definition.
(3) (New) Legalization of Nonmedicinal, Adult-Use of
Cannabis.
(aa) [§91A] (New) Permitted Activities.
(bb) [§91B] (New) Restricted and Prohibited
Activities.
(cc) [§91C] (New) Effect on Other Laws.
C. Using or Being Under the Influence.
1. [§92] Former Law Criminalizing Addiction.
2. [§93] Specified Narcotics and Restricted Dangerous Drugs.
3. [§94] Possession of Firearm While Under the Influence.
4. [§95] Toluene and Nitrous Oxide.
5. [§96] Testing for Addiction.
D. Possession.
1. Statutory Prohibitions.
(a) Simple Possession.
(2) [§98] Marijuana.
(3) [§99] Toluene and Nitrous Oxide.
(b) [§100] Possession in Conjunction With Firearm.
(c) [§101] Possession for Sale.
(d) [§101A] (New) Possession of “Date Rape” Drugs
With Intent To Commit Sexual Assault.
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CHAPTER OUTLINES
2. Elements of Offense.
(b) [§103] Sufficient Quantity.
(c) [§104] Usable Form.
(d) Illegal Possession.
(1) [§105] Physical Possession.
(2) [§106] Joint Possession.
(3) [§107] Constructive Possession.
(4) [§108] Possession Inconsistent With Legal
Possession.
(5) [§109] Past Possession as Proof of Present
Possession.
(6) [§110] Temporary Possession for Disposal.
(e) Knowledge.
(1) [§111] Dual Requirement.
(2) [§112] Fact of Possession.
(3) [§113] Character of Substance.
3. [§114] Defenses.
E. Transporting, Selling, Offering, or Furnishing.
1. [§115] Statutory Prohibitions.
2. [§116] Transportation.
3. Sale.
(b) [§118] Sufficient Quantity.
(c) [§119] Illegal Sale Following Lawful Possession.
(d) [§120] Circumstantial Evidence.
4. [§121] Furnishing, Administering, or Giving Away.
5. [§122] Offering To Transport, Sell, or Furnish.
6. [§123] Fraudulent Agreement.
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F. Dealings With Minors and Vulnerable Populations.
1. Transactions Involving Specified Drugs.

(a) [§124] Substances Formerly Classified as Narcotics.
(b) [§125] Substances Formerly Classified as Restricted
Dangerous Drugs.
(c) [§126] Marijuana.
(d) [§127] Other Drugs.
2. Transactions in Specified Places.

(a) [§128] Parks, Playgrounds, Child Care Facilities, and
Religious Facilities.
(b) [§129] Schools.
(c) [§130] Drug Treatment Centers, Detoxification
Facilities, and Homeless Shelters.
G. Production.
1. [§131] Cultivating, Harvesting, or Processing.
2. [§132] Manufacture.
3. Sale or Possession of Means of Production.

(b) [§134] Precursors of Methamphetamine and
Phencyclidine.
(c) [§135] Duties of Lawful Seller.
H. Medical Marijuana.
1. [§136] Adoption of Compassionate Use Act.
2. [§137] Right of Physician To Recommend Marijuana.
3. Right To Possess or Cultivate Marijuana.

(a) [§138] Statutory Authorization.
(b) [§139] Recommendation or Approval.
(c) [§140] Quantity Allowed.
(d) [§141] Transportation Distinguished.
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CHAPTER OUTLINES
4. [§142] Primary Caregiver.
5. [§143] No Right To Grow Marijuana for Cooperative.
6. [§144] Return of Confiscated Marijuana.
7. [§145] Other Laws Not Affected.
8. [§146] Civil Action Against Law Enforcement Officers.
9. Medical Marijuana Program.

(a) [§147] Purpose and Validity of Program.
(b) [§148] Identification Cards.
(c) [§149] Protection From Criminal Liability.
(d) [§150] Limits on Protection From Criminal Liability.
(e) [§151] Fraudulent Use of Card.
I. Prescriptions.
2. [§153] Inducing Minor To Commit Prescription Offenses.
3. [§154] Forgery or Alteration.
4. [§154A] (New) Aid-in-Dying Drug.
J. Other Offenses.
1. [§155] Drug Paraphernalia.
2. [§156] Concealment in False Compartment.
3. [§157] Visiting or Using Place for Unlawful Activity.
4. [§158] Imitation Controlled Substances.
5. [§159] Money Associated With Unlawful Transactions.
6. [§160] Improper Disposal.
7. [§161] Bringing Controlled Substances to Prisoners.
8. [§162] Advertising Anabolic Steroids.
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K. [§163] Punishment.
K-1. [§163A] (New) Resentencing or Dismissal of Marijuana

Conviction.
L. Probation for Nonviolent Possession Offenses.
2. [§165] Conditions of Probation.
3. Exceptions to Mandatory Probation.

(a) [§166] Defendant With Recent Conviction for Serious
or Violent Felony.
(b) [§167] Defendant With Another Conviction in Same
Proceeding.
(c) [§168] Other Exceptions.
4. [§169] Drug Treatment Program.
5. Violations of Probation.
(b) [§171] Non-Drug-Related Violations.
(c) [§172] Drug-Related Violations of Probation Granted
Pursuant to Act.
(d) [§173] Drug-Related Violations of Probation Granted
Before Effective Date of Act.
(e) [§174] Underlying Offense Controls Applicability of
Act.
(f) [§175] Disparate Treatment of Probationers and
Parolees.
M. Civil Commitment of Narcotic Addicts.
2. Commitment of Persons Convicted of Crimes.

(a) Eligibility for Commitment.
(2) [§178] Discretion of Court in Felony Cases.
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CHAPTER OUTLINES
(b) Procedure.
(1) [§179] Conviction of Felony.
(2) [§180] Conviction of Misdemeanor or Infraction.
(3) [§181] Procedure Is Mandatory.
3. [§182] Commitment of Persons Not Convicted of Crimes.
4. [§183] Jury Trial on Issue of Addiction.
5. [§184] Revocation of Inpatient Status.
6. Outpatient Status.
(a) [§185] Release.
(b) [§186] Due Process Safeguards Against Revocation.
7. [§187] Discharge.
N. [§188] Treatment of Addicts With Narcotics.
IV. DEADLY WEAPONS
B. Legal Firearms.
2. [§191] Safety Devices.
3. Licensed Sale or Possession.

(b) [§193] Sale, Lease, or Transfer by Unlicensed Person.
(c) [§194] Furnishing Erroneous Firearm Purchaser
Information.
(d) Restrictions on Transfers.
(2) [§196] Transfers to Specified Persons.
(3) [§197] Time and Manner of Delivery by Dealer.
(4) [§198] Transfers by Persons Not Licensed in
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California.
(5) [§199] Importation Restrictions.
(6) [§200] Reporting and Identification
Requirements for Concealable
Firearms.
4. [§202] License To Manufacture.
5. Unlawful Carrying of Concealable Firearms.

(c) [§205] Concealment and Possession.
(d) [§206] Operability of Firearm.
(e) [§207] Exempt Persons.
(f) [§208] Exempt Activities.
(g) [§209] Justifiable Violation of Statute.
6. [§210] Unlawful Acts Involving Ammunition.
C. Unlawful Weapons.
1. In General.
(b) [§212] Elements of Offense.
2. [§213] Concealed Dirk, Dagger, or Explosives.
3. Assault Weapons and .50 BMG Rifles.

(a) [§214] Statutory Development.
(b) [§215] What Constitutes Assault Weapon or.50 BMG
Rifle.
(c) Unlawful Activities.
(1) [§216] Manufacture, Distribution, Sale, etc.
(2) [§217] Possession.
(3) [§218] Commission of Another Crime While
Violating Act.
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CHAPTER OUTLINES
(4) [§219] Exceptions.

(d) Registration and Permits.
(1) [§220] Registration Requirements.
(2) [§221] Permits and Conditions for Possession.
(3) [§222] Police Radio Broadcasts.
(e) [§223] Civil Action To Enjoin Possession.
4. [§224] Unsafe Handguns.
5. Destructive Devices.
(b) [§226] Possession or Sale.
(c) [§227] Injury to Person or Property or Death.
6. [§228] Armor Piercing Ammunition.
7. [§229] Tear Gas.
8. [§230] Switchblade Knives.
9. [§231] Other Weapons and Devices.
D. Unlawful Possession of Weapons by Specified Persons.
1. [§232] Nature and Scope of Statutes.
2. Persons Prohibited.
(a) Felons and Addicts.
(1) [§233] Prohibitions.
(2) [§234] Effect of Pardon or Dismissal After
Fulfillment of Probation Conditions.
(3) Defenses.
(aa) [§235] Felon’s Use of Firearm in Self-
Defense.
(bb) [§236] Knowledge of Status as Felon.
(cc) [§237] Temporary Possession for Disposal.
(b) [§238] Violent Crimes Offenders.
(c) [§239] Misdemeanants.
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(d) [§240] Probationers.

(e) [§241] Juvenile Offenders.
(f) [§242] Subjects of Protective and Restraining Orders.
(g) [§243] Minors.
(h) [§244] Prisoners.
(i) Mentally Disordered Persons.
(2) [§246] Persons Prohibited From Possession.
(3) [§247] Confiscation of Firearm or Weapon.
3. [§248] Knowledge and Intent as Elements.
E. Unlawful Use or Handling of Weapons in Specified Places.
1. Public Place.
(a) Carrying Loaded Firearm.
(1) [§249] Offenses.
(3) [§251] Exemptions.
(b) [§252] Carrying Firearm While Masked.
(c) [§253] Openly Displaying or Carrying Imitation or
Unloaded Firearm.
(d) [§253A] (New) Carrying Unloaded Firearm That Is
Not Handgun in Incorporated Area or
Other Public Place.
2. [§254] Capitol, State Office, or Residence of State Official.
3. [§255] Public Building or Open Meeting.
4. [§256] Sterile Area of Airport, Passenger Vessel Terminal, or

Public Transit Facility.
5. School, University, or College.

(a) [§257] Firearms.
(b) [§258] Other Weapons.
6. [§259] Playground or Youth Center.
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CHAPTER OUTLINES
7. [§260] Motor Vehicle.
F. [§261] Carrying Loaded Firearm With Intent To Commit

Felony.
G. [§262] Criminal Storage of Firearm.
G-1. [§262A] (New) Lost or Stolen Firearms.
H. [§263] Nuisances.
V. MOTOR VEHICLE OFFENSES
A. [§264] Vehicle Code and Penal Code.
B. Punishment.
2. [§266] Infractions.
3. [§267] Misdemeanors.
4. [§268] Felonies.
5. [§269] Nonfelony Offenses of Persons in Custody.
C. [§270] Responsibilities of Owner, Operator, Employer, and

Employee.
D. [§271] Reckless Driving.
E. Drunk Driving or Driving by Addict.
1. In General.
(a) [§272] Statutory Framework.
(b) [§273] Misdemeanors.
(c) [§274] Felonies.
(d) [§275] What Constitutes Driving.
2. Specific Offenses.
(a) [§276] Driving Under the Influence.
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(b) [§277] Driving With Unlawful Blood-Alcohol Level.

(c) [§278] Driving by Addict.
3. Punishment.
(b) Misdemeanor Offenses.
(1) [§280] First Violation.
(2) [§281] One Separate Conviction of Related
Offense.
(3) [§282] Two Separate Convictions of Related
Offenses.
(4) [§283] Three or More Separate Convictions of
Related Offenses.
(5) [§284] Enhanced Punishment Where Minor Is
Passenger.
(c) Felony Offenses.
(1) [§285] First Violation.
(2) [§286] One Separate Conviction of Related
Offense.
(3) [§287] Two or More Separate Convictions of
Related Offenses.
(4) [§288] Enhanced Punishment for Multiple
Victims.
(d) [§289] Prior Violation Punished as Felony.
(e) [§290] Ignition Interlock Device.
(f) [§291] Striking Separate Convictions.
(g) [§292] Time of Separate Convictions.
4. Testing To Determine Alcohol or Drug Content of Blood

(Implied Consent Law).
(a) [§293] Nature and Scope of Law.
(b) [§294] Validity of Law.
(c) [§295] Test as Incidental to Lawful Arrest or
Detention.
(d) [§296] Choice of Test.
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CHAPTER OUTLINES
(e) [§297] Notice of Consequences of Refusal To Submit

to Test.
(f) [§298] Administration of Test.
(g) Refusal To Take Test.
(1) [§299] What Constitutes Refusal.
(2) [§300] Lack of Capacity To Refuse Test.
(3) [§301] Notice of Suspension or Revocation of
License.
(4) [§302] Administrative Sanctions.
5. Related Offenses Involving Alcohol or Drugs.

(a) [§303] Drinking or Possessing Alcohol or Marijuana.
(b) [§304] Relinquishing Possession of Vehicle to
Intoxicated Minor.
F. License Offenses.
1. [§305] Driving Without Valid License.
2. Driving While License Is Suspended, Revoked, or Restricted.

(a) [§306] Reason for Suspension, Revocation, or
Restriction.
(b) [§307] Habitual Traffic Offender.
(c) [§308] Knowledge of Suspension, Revocation, or
Restriction.
3. [§309] Permitting Unlicensed Person To Drive.
4. [§310] Unlawful Use of License.
G. Offenses Relating to Conduct After Accident.
2. [§312] Accident Causing Injury or Death.
3. [§313] Accident Causing Property Damage.
4. [§314] Persons Subject to Prosecution.
5. [§315] What Constitutes Involvement in Accident.
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6. [§316] Duty To Stop.
7. Duty To Give Information or Aid.

(a) [§317] Illustrations of Violation.
(b) [§318] Excusable Failure To Comply.
8. [§319] Knowledge of Accident.
H. Violation of Rules of the Road.
1. Speed Laws.
(b) [§321] Speed Contests and Exhibitions.
2. [§322] Pedestrian’s Rights and Duties.
3. Parking, Stopping, and Standing.

(a) [§323] Parking.
(b) [§324] Stopping and Standing.
(c) [§325] Civil Enforcement.
4. [§326] Using Wireless Communication Devices.
5. [§327] Miscellaneous Regulations.
I. Disobeying Peace Officer.
1. [§328] Failure To Comply With Instructions.
2. [§329] Flight From Pursuing Peace Officer.
J. [§330] Financial Responsibility Law.
VI. LOTTERIES
A. [§331] Lotteries Are Prohibited.
B. What Constitutes Lottery.
2. [§333] Chance or Skill as Determinative.
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CHAPTER OUTLINES
3. [§334] Advertising Schemes.
C. [§335] Crimes Involving Lotteries.
D. Exceptions to Prohibition.
1. [§336] Charitable Bingo Games.
2. [§337] Raffles.
3. [§338] California State Lottery.
4. [§339] Reverse Vending Machines.
VII. GAMBLING
B. [§341] Roulette, Card, and Dice Games.
C. [§342] Slot Machines and Punchboards.
D. [§343] Fraudulent Games.
E. [§344] Permitting or Maintaining Place for Gambling.
F. [§345] Cheating in Gambling.
G. Legal Gambling.
1. [§346] Gambling Control Act.
2. [§347] Controlled Games.
3. [§348] Gambling on Indian Land.
VIII. HORSE RACING AND BOOKMAKING
A. Horse Racing.
2. [§350] Touting.
B. Bookmaking.
1. [§351] Nature and Scope of Statute.
2. [§352] Engaging in Pool-Selling or Bookmaking.
3. [§353] Keeping Place for Recording Bets.
4. [§354] Other Illegal Acts.
IX. REGULATION OF FOOD, LIQUOR, DRUGS, AND

COSMETICS
A. Food.
2. [§356] Poisons and Harmful Substances.
3. [§357] Adulteration.
4. [§358] Misbranding.
5. [§359] False Advertising and Fraudulent Sales.
6. [§360] Particular Foods and Businesses.
B. Liquor.
2. [§362] Furnishing Liquor to Specified Persons.
3. [§363] Time, Place, and Manner of Sale.
4. Regulations Involving Minors.

(a) [§364] Furnishing Liquor to Minors.
(b) [§365] Purchase of Liquor by Minors.
(c) [§366] Evidence of Age.
(d) [§367] Employing Minors in Liquor Business.
(e) [§368] Use of Minors in Enforcement of Liquor Laws.
(f) [§369] Consumption of Alcohol or Drugs by Minor
CHAPTER OUTLINES
Who Later Causes Traffic Collision.
B-1. (New) Cannabis.
1. [§369A] (New) In General.
2. [§369B] (New) Licensing.
3. [§369C] (New) Consumer Protection and Protection of

Minors.
4. [§369D] (New) Local Regulation Permitted.
C. Drugs.
2. [§371] Poisons, New or Dangerous Drugs and Devices, and

Biologics.
3. [§372] Adulteration.
4. [§373] Misbranding.
5. [§374] False Advertising.
D. [§375] Home Medical Device Retailers.
E. [§376] Cosmetics.
F. [§377] Immunity of Dealers and Publishers.
X. REGULATION OF CORPORATIONS AND ASSOCIATIONS
B. Securities Regulation.
1. Corporate Securities Law.

(a) [§379] Nature and Scope.
(b) [§380] Fraud or Deceit.
(c) [§381] Illegal Sale of Security.
(d) [§382] Other Offenses.
(e) [§383] Punishment.

(f) [§384] Scienter as Element of Offense.
2. [§385] Supplementary Statutes.
C. [§386] General Corporation Law.
D. [§387] Nonprofit Corporations.
E. [§388] Consumer Cooperative Corporations.
F. [§389] Unincorporated Associations.
XI. REGULATION OF BUSINESSES AND PROFESSIONS
B. [§391] Licensing Statutes and Ordinances.
C. [§392] Restraint of Trade and Unfair Practices.
D. Healing Arts.
1. General Offenses.
(b) [§394] Unlawful Referral of Patients.
(c) [§395] Unlawful Advertising.
2. Reporting Requirements.
(a) [§396] Report of Wounds.
(b) [§397] Report of Neglect or Abuse of Patient in
Health Facility.
(c) [§398] Report of Child Abuse.
(d) [§399] Report of Sexual Assault Evidence.
(e) [§400] Report of Criminal Charge or Conviction.
3. Medicine.
CHAPTER OUTLINES
(b) Unlicensed Practice.

(1) [§402] Statutory Prohibitions.
(2) [§403] Exemptions.
4. [§404] Dentistry.
5. [§405] Optometry.
6. [§406] Chiropractic.
7. Pharmacy.
(b) [§408] Forged Prescriptions and False
Representations.
8. [§409] Nursing.
9. [§410] Clinical Laboratory Technicians.
10. [§411] Other Healing Arts.
E. Financial Institutions.
1. [§412] Banks.
2. Savings Associations.
(b) [§414] Criminal Proceedings.
3. [§415] Other Institutions.
F. [§416] Insurance.
G. [§417] Attorneys.
H. [§418] Architects.
I. [§419] Engineers.
J. Contractors.
2. [§421] Exemptions.
K. Automobile Business.
2. [§423] Manufacturers, Transporters, and Dealers.
3. [§424] Automotive Repair Dealers.
L. [§425] Secondhand Goods Dealers.
M. [§426] Cemetery and Funeral Businesses.
N. [§427] Real Property Services.
O. [§428] Other Businesses and Professions.
XII. REGULATION OF EMPLOYMENT
B. [§430] Employment Relationship.
C. [§431] Employment Agencies and Services.
D. Conditions of Employment.
1. Time of Work.
(b) [§433] Minors.
2. [§434] Health.
3. Safety.
(b) [§436] Particular Places of Employment.
(c) [§437] Minors.
4. [§438] Industrial Homework.
5. [§439] Civil and Political Rights.
CHAPTER OUTLINES
E. Compensation.
2. [§441] Time of Payment.
F. [§442] Public Works.
G. [§443] Public Officers and Employees.
XIII. BROKERS AND AGENTS
B. [§445] Real Estate Brokers and Salespersons.
C. [§446] Mineral, Oil, and Gas Brokers.
D. [§447] Other Brokers and Agents.
XIV. PROTECTION OF HEALTH AND SAFETY
B. Health Care.
1. [§449] Licensing.
2. [§450] Continuing Care Contracts.
3. [§451] Cancer Treatment.
C. Health and Safety Regulations.
1. Air Pollution.
(b) [§453] Nonvehicular Pollution Control.
(c) [§454] Vehicular Pollution Control.
2. Animals.
(a) [§455] Dangerous Dogs.
(b) [§456] Mischievous Animals Causing Death.
3. [§457] Communicable Diseases.
4. Dead Bodies and Cemeteries.

(a) [§458] Dead Bodies.
(b) [§459] Fetal Remains.
(c) [§460] Cemeteries.
5. [§461] Dumping and Littering.
6. [§462] Explosives.
7. [§463] Fire.
8. Hazardous Substances.
(a) [§464] Hazardous Substances Act.
(b) [§465] Hazardous Waste Control.
(c) [§466] Private Site Management.
(d) [§467] Dumping Hazardous Substance.
(e) [§468] Medical Waste Management.
9. [§469] Housing.
10. [§470] Hypodermic Needles and Syringes.
11. [§471] Quarantine and Pest Control.
12. [§472] Radiation.
13. [§473] Sanitation.
14. [§474] Toys.
15. Vehicles.
(a) [§475] General Equipment Requirements.
(b) Motor Vehicle Safety Belts.
(1) [§476] Equipment Requirements.
(2) [§477] Mandatory Use of Seat Belts.
(3) Child Safety Requirements.
(aa) [§478] Children Under Age 8.
CHAPTER OUTLINES
(bb) [§479] Children Ages 8 to 16.

(cc) [§480] Other Requirements.
(c) [§481] Motorcycle and Bicycle Helmets.
16. Water.
(b) Pollution.
(1) [§483] Water Supply.
(2) [§484] Navigable Waters.
(c) [§485] Water Safety.
17. [§486] Other Matters.
D. [§487] Interference in Emergencies.
E. Public Nuisance.
2. [§489] What Constitutes Public Nuisance.
4. [§491] Red Light Abatement Law.
F. [§492] Reporting Serious Concealed Danger.
G. [§493] Vital Records.
XV. PROTECTION OF NATURAL RESOURCES
A. Fish and Game.
2. [§495] Unlawful Taking, Possession, or Sale.
3. [§496] Dangerous or Injurious Acts.
4. [§497] Native American Rights.
5. [§498] Protection of Species and Habitats.
B. [§499] Forests.
C. [§500] Oil and Gas.
D. [§501] Recycling and Waste Management.
E. Water.
2. [§503] Oil Spills in Marine Waters.
XVI. PROTECTION OF CIVIL AND POLITICAL RIGHTS
B. Interference With Civil Rights Because of Victim’s Beliefs or

Characteristics (Hate Crime).
2. [§506] Validity of Statutes.
C. [§507] Interference With Rights of Disabled Persons.
D. Invasion of Privacy.
2. [§509] Unauthorized Wiretapping.
3. [§510] Electronic Eavesdropping on Confidential

Communications.
4. [§511] Interception of Cellular and Cordless Telephone

Communications.
5. [§512] Eavesdropping on Prisoner.
6. [§513] Manufacture, Sale, or Possession of Eavesdropping

Devices.
7. [§514] Disclosing, Opening, or Altering Message.
8. [§515] Disclosing Information About Subscribers by Cable
CHAPTER OUTLINES
Television Corporation.
9. [§516] Disclosing Information About Subscribers by

Telephone Corporation.
10. [§517] Disclosing Carpooling Information.
11. [§518] Disclosing Utility Tax Information.
12. [§519] Use of Electronic Tracking Device.
13. [§520] Commercial Use of Personal Information.
14. [§521] Annoying Telephone Calls or Electronic

Communications.
15. [§522] Use of Electronic Device or Internet To Harass or

Harm Person Indirectly.
XVII. MISCELLANEOUS OFFENSES AND REGULATIONS
A. Education.
2. [§524] Students.
B. Harbors and Navigation.
2. Boating.
(b) [§527] Operation While Under the Influence or
Addicted.
C. [§528] Streets and Highways.
D. [§529] Aircraft.
E. [§530] Bicycles.
F. [§531] Low-Speed Vehicles and Motorized Scooters.
F-1. [§531A] (New) Recreational Off-Highway Vehicles.
G. [§532] Public Utilities.
H. [§533] Immigration Matters.
I. [§534] Overpricing During Emergency.
J. [§535] Consumer Packaging.
K. [§536] Sale of Human Organs for Transplantation.
L. [§537] Protections for Members of Military Service.
M. [§538] Delivery of Contraband to Prison or Mental Hospital.
CHAPTER VIII
CRIMES AGAINST GOVERNMENTAL AUTHORITY
I. OBSTRUCTING JUSTICE
B. [§2] Obstruction by Judicial Officer.
C. [§3] Exciting Litigation (Barratry).
D. [§4] Falsification or Suppression of Evidence.
E. Acts Involving Witnesses and Victims.
2. Intimidating Witness or Victim.

(a) [§6] Preventing or Dissuading Person From Testifying
or Reporting Crime.
(b) [§7] Disclosure of Name by Convicted Sex Offender.
(c) [§8] Threat of Force by Convicted Felon.
(d) [§9] Use of Force Against Person Cooperating With
Law Enforcement.
(e) [§10] Orders, Protocol, and Sanctions.
3. [§11] Deceiving Witness To Procure False Testimony.
4. [§12] Inducing Witness To Give False or Withhold True

Testimony.
5. [§13] Disclosure of Information by Prospective Witness for

Consideration.
F. Acts Involving Jurors, Referees, and Arbitrators.
2. [§15] Disclosure or Solicitation of Juror Information.

G. [§16] Threats Against Public Officials.
H. Interference With Law Enforcement Officers.
2. Resisting, Delaying, or Obstructing Officer.

(b) [§19] Verbal Interference.
(c) [§20] Removal of Weapon From Officer.
(d) [§21] Wilful Resistance Causing Death or Serious
Injury.
I. Compounding Crime.
2. [§23] Related Offenses.
3. Compromise of Misdemeanor Where Civil Remedy Is

Available.
(a) [§24] Permissible Compromises.
(b) [§25] Prohibited Compromises.
(c) [§26] Misdemeanor Hit-and-Run Violations.
J. Making False Report.
1. [§27] False Reports of Crime.
2. [§28] False Report of Bomb or Explosive.
3. [§29] Other False Reports.
K. Contempt.
2. [§31] Offenses Constituting Contempt.
L. [§32] Miscellaneous Offenses.
CHAPTER OUTLINES
II. BRIBERY
B. Persons Who May Be Bribed.
1. Executive Officers.
(b) [§35] Local and Minor Officers.
2. [§36] Ministerial Officers.
3. [§37] Legislative Officers.
4. [§38] Judicial Officers and Jurors.
5. Witnesses.
(a) [§39] Bribery To Prevent Testimony or Information.
(b) [§40] Bribery To Prevent Attendance.
(c) [§41] Prospective Witnesses.
6. [§42] Participants in Political Activities.
7. [§43] Participants and Officials in Sporting Events.
8. [§44] Officials of Financial Institutions.
9. [§45] Employees (Commercial Bribery).
10. [§46] Other Persons.
C. Elements of Crime.
1. [§47] The Bribe (Something of Value).
2. Acts Constituting Bribery.

(a) [§48] Bribe-Giving and Bribe-Receiving.
(b) [§49] Bribe Offering.
(c) [§50] Asking or Agreeing To Receive Bribe.
(d) [§51] Solicitation of Another To Bribe.
3. Intent.
(a) [§52] Corrupt Intent.
(b) [§53] Mutual Intent Is Not Required.
4. Object of Bribe.
(b) [§55] Scope of Official Action.
III. PERJURY AND SUBORNATION OF PERJURY
A. Perjury.
1. In General.
(b) [§58] Testimony, Declarations, and Affidavits.
(c) [§59] Punishment.
(d) [§60] Special Perjury Statutes.
(e) [§61] Effect of Special Statute.
(f) [§62] Verdict in Prior Trial Is Immaterial.
(g) [§63] Perjury Committed Outside State.
2. Elements.
(b) Oath or Affirmation.
(1) [§65] Nature and Form.
(2) [§66] Authority To Administer.
(3) [§67] Oath Required or Authorized.
(c) False Statement.
(2) [§69] Delivery of Written Statement.
(d) Knowledge and Intent.
(2) [§71] Statement Without Belief in Truth.
CHAPTER OUTLINES
(3) [§72] False Statement of Opinion.

(e) Materiality of Statement.
(2) [§74] Pleading and Proof.
(3) [§75] Determination by Jury.
(4) Illustrations.
(aa) [§76] Judicial Proceedings.
(bb) [§77] Legislative Hearings.
(cc) [§78] Other Proceedings.
3. Requirement of Corroboration.
(a) Former Law.
(1) [§79] Nature and Purpose of Requirement.
(2) [§80] Direct and Corroborative Evidence.
(3) [§81] Sufficiency of Evidence.
(b) [§82] Statutory Revision.
B. Subornation of Perjury.
1. [§83] Nature and Elements of Crime.
2. [§84] Knowledge of Falsity.
3. [§85] Solicitation Distinguished.
IV. ESCAPE AND RESCUE
A. Escape.
2. Elements.
(a) Lawful Custody.
(2) [§88] Confinement Is Wholly Without Legal
Authority.
(3) [§89] Confinement Is Merely Irregular.
(b) [§90] Unauthorized Departure.

(c) [§91] Intent.
3. Escape From State Prison, Camp, or Farm.

(a) [§92] Offenses.
4. Escape From City or County Jail or Detention.

(a) Offenses.
(1) [§94] Misdemeanants or Inebriates.
(2) [§95] Felons or Juveniles.
(3) [§96] Alternative Custody Program.
(4) [§97] Failure To Return to Place of Confinement.
(b) [§98] Status as Prisoner.
(c) Punishment.
(2) [§100] Probation.
5. [§101] Escape From Juvenile Hall or Camp.
6. [§102] Escape From Other Institutions.
B. Related Offenses.
1. [§103] Assisting Escape.
2. [§104] Rescue.
3. [§105] Aiding Prisoner.
4. [§106] Flight of Sex Offender.
V. MISCONDUCT IN PUBLIC OFFICE
B. Affirmative Acts.
1. [§108] Exaction or Acceptance of Fee.
CHAPTER OUTLINES
2. [§109] Interference With Person or Property.
3. Conflicts of Interest.
(b) [§111] Knowledge and Wilfulness.
(c) [§112] Aider and Abettor Liability.
(d) [§113] Code of Ethics.
(e) [§114] Special Conflict Statutes.
4. [§115] Disclosure of Confidential Information or Secret

Proceedings.
5. [§116] Other Wrongful Acts.
C. [§117] Neglect of Duty.
D. Removal From Office.
1. [§118] Accusation Before Grand Jury.
2. [§119] What Constitutes Misconduct.
3. [§120] Mere Negligence Is Insufficient.
4. [§121] Intent.
VI. TREASON AND RELATED OFFENSES
A. [§122] Treason.
B. [§123] Other Federal Offenses.
C. Other State Offenses.
1. [§124] Criminal Syndicalism and Similar Acts.
2. [§125] Sabotage.
3. [§126] Registration of Subversive Organizations.
VII. INTERFERENCE WITH EXECUTIVE OFFICER
B. [§128] Preventing or Resisting Performance of Duties.
C. [§129] Threatening Public Officer.
D. [§130] Improper Assumption of Office.
VIII. INTERFERENCE WITH LEGISLATIVE POWER
A. [§131] Organization and Functioning of Legislature.
B. [§132] Illegal Lobbying and Related Offenses.
C. [§133] Witnesses Before Legislature.
D. [§134] Secret Meetings.
IX. TAX OFFENSES
B. Personal Income Taxes.
1. [§136] Returns and Payment: Misdemeanors.
2. [§137] Returns and Payment: Felonies.
3. [§138] Failing To Withhold, Collect, or Pay Over.
4. [§139] Disclosing Information.
5. [§140] Wrongfully Using Income Tax Refund.
C. [§141] Bank and Corporation Taxes.
D. [§142] Sales and Use Taxes.
E. [§143] Fuel Taxes.
F. [§144] Liquor and Cigarette Taxes.
G. [§145] Local Taxes.
CHAPTER OUTLINES
X. ELECTION OFFENSES
B. [§147] Campaign Literature and Statements.
C. [§148] Fund-Raising and Nomination.
D. [§149] Illegal Registration or Voting.
E. [§150] Wrongs Against Voters.
F. [§151] Canvasses, Returns, or Ballots.
G. Initiative, Referendum, and Recall.
1. [§152] Misuse of Procedure.
2. [§153] Interference With Procedure.
H. [§154] Crimes of Election Officials.
XI. PUBLIC AID OFFENSES
B. By Applicants and Recipients.
2. [§157] Misuse, Forgery, or Embezzlement.
C. By Providers.
1. [§158] False Medi-Cal Claim.
2. [§159] False General Assistance Claim.
3. [§160] Illegal Payment for Referral or Services.
D. [§161] Relationship to Other Crimes.
E. [§162] Demand for Restitution as Prerequisite to Prosecution.
XII. OTHER OFFENSES
A. [§163] Unemployment Compensation Offenses.
B. [§164] Unauthorized Release of Criminal Records.
C. [§165] Money Laundering.
D. [§166] Unlawful Recording of Documents.
E. [§167] Misleading Motor Vehicle Authorities or Probation

Officers.
F. [§168] False Statements Relating to Retirement Benefits.
G. [§169] (New) Interference With Department of Finance

Audit.
CHAPTER IX
PUNISHMENT
I. INTRODUCTION
A. Objectives of Criminal Punishment.
2. [§2] Current Emphasis.
B. [§3] Function of Trial Judge in Punishment.
C. [§4] Function of Jury in Punishment.
D. [§5] Nature and Kinds of Punishment.
II. CORRECTIONAL SYSTEM
A. [§6] Department of Corrections and Rehabilitation.
B. [§7] Board of Parole Hearings.
C. [§8] Division of Juvenile Justice.
D. [§9] Board of State and Community Corrections.
E. [§10] Restitution Centers.
F. [§11] Community Correctional Centers.
G. [§12] Skilled Nursing Facilities.
H. [§13] Inspector General.
I. [§14] Other State Agencies.
J. [§15] Local Correctional System.
K. Interstate Corrections Compacts.
1. [§16] Adoption and Nature of Compacts.
2. [§17] Restrictions and Conditions.
III. SENTENCE TO COUNTY JAIL
A. [§18] Nature of Confinement.
B. Jail Conditions and Treatment of Prisoners.
2. [§20] Family Visits.
3. [§21] Temporary Release.
4. Treatment of Male and Female Prisoners.

(a) [§22] Special Provisions for Women.
(b) [§23] Equal Treatment.
5. [§24] Medical Care.
6. Pretrial Detainees.
(a) [§25] Reasonable Restrictions Are Permissible.
(b) [§26] Involuntary Medication.
7. [§27] Self-Represented Prisoners.
8. [§28] Sexually Violent Predators.
C. Work by Prisoners.
1. [§29] In Jail.
2. In Farm or Road Camp.

(a) [§30] Nature and Purpose.
(b) [§31] Administration.
(c) [§32] Joint and Regional Camps.
CHAPTER OUTLINES
3. On Work Furlough.
(b) [§34] Trial Court May Not Order Placement.
4. [§35] In Work Release Program.
D. [§36] Deductions From Sentence.
E. [§36A] (New) Voluntary Alternative Custody Program.
IV. IMPRISONMENT IN STATE PRISON
A. Facilities.
1. [§37] Prisons for Men.
2. [§38] Prisons for Women.
3. [§39] Wardens.
B. Prison Conditions and Treatment of Prisoners.
2. [§41] Mentally Ill Prisoners.
3. [§42] Detection and Treatment of Communicable Diseases.
4. [§43] Other Statutory Protections.
5. [§44] Remedy for Deficient Treatment Caused by

Overcrowding.
6. [§45] Valid Restrictions on Prisoners’ Activities.
7. [§46] Identification as Member of Prison Gang.
8. [§46A] (New) Youth Offenders.
C. Rights of Prisoners.
2. [§48] Federal Approach.
3. [§49] California Approach.
4. Civil Rights.
(a) [§50] Basic Statutes.
(b) [§51] Scope of Protection.
5. Access to Courts.
(b) [§53] Scope of Constitutional Right.
(c) [§54] Access to Civil Courts.
(d) Access to Counsel.
(2) [§56] Correspondence With Attorney.
(3) [§57] Telephone Access.
(4) [§58] Contact Visits.
(e) [§59] Access to Jailhouse Lawyers.
(f) [§60] Access to Lawbooks and Legal Materials.
6. [§61] Freedom of Religion.
7. Mail and Reading Matter.

(a) [§62] Reading Matter.
(b) [§63] Personal Correspondence.
(c) [§64] Correspondence With Other Inmates.
8. [§65] Prison Newspapers.
9. [§66] Prisoner Organizations.
10. [§67] Marital and Familial Rights.
11. Medical Care.

(a) [§68] Right To Receive Treatment.
(b) [§69] Right To Refuse Treatment.
(c) [§70] Biomedical and Behavioral Research.
(d) [§70A] (New) Sterilization.
CHAPTER OUTLINES
12. [§71] Racial Integration.
13. [§72] Other Rights.
D. [§73] Profits From Crime.
E. Disciplinary Proceedings.
1. [§74] Procedural Safeguards: Federal Cases.
2. [§75] Procedural Safeguards: California Cases.
3. Nature of Punishment.
(a) [§76] Change to More Restrictive Confinement Within
Institution.
(b) [§77] Transfer to Less Desirable Institution.
(c) [§78] Assignment to Maximum Security Facility.
(d) [§79] Loss of Conduct Credits.
F. Employment of Prisoners.
2. [§81] Workers’ Compensation.
3. [§82] Particular Employments.
G. [§83] Special Requirements for Women Prisoners.
H. [§84] Alternative Custody for Women and Primary

Caregivers.
I. [§85] Payment of Costs of Imprisonment.
V. COMMITMENT OF MINORS TO DIVISION OF JUVENILE

FACILITIES
A. [§86] Youth Authority Act.
B. Commitment by Criminal Court.
1. [§87] Persons Eligible for Commitment.
2. [§88] Persons Ineligible for Commitment.
3. [§89] Trial Court’s Discretion.
4. [§90] Factors To Be Considered.
5. [§91] Commitment Procedure.
6. [§92] Division’s Acceptance of Commitment.
C. Detention and Treatment of Minor.
1. [§93] Institutions and Facilities.
2. [§94] Treatment and Work.
3. Period of Detention.
(b) [§96] Constitutional Limitations.
(c) [§97] Extended Detention.
D. Subsequent Proceedings.
1. [§98] Return of Incorrigible Person.
2. [§99] Probation and Parole.
3. [§100] Discharge.
4. [§101] Imprisonment for Balance of Term.
VI. PAYMENT OF FINE
B. Penalty Assessments and Fees.
1. [§103] State and County Assessments and Surcharges.
2. [§104] Additional Assessments, Penalties, and Fees.
C. Imprisonment Until Fine Is Paid.
CHAPTER OUTLINES
2. [§106] Application to Indigent Is Unconstitutional.
D. [§107] Manner of Payment.
E. [§108] Enforcement.
VII. PAYMENT OF RESTITUTION
B. Restitution Fine.
2. [§111] Amount.
3. [§112] Factors To Consider in Imposing More Than

Minimum Amount.
4. Procedural Matters.
(b) [§114] In Context of Plea Bargain.
(c) [§115] Imposition of Fines Where Multiple Cases Are
Resolved Together.
C. Restitution to Victim.
1. [§116] Constitutional Right.
2. [§117] Statutory Requirement.
3. [§118] Definition of Victim.
4. [§119] Rights of Third Parties.
5. [§120] Damages Recoverable.
6. Amount of Restitution.
(b) [§122] Valuation.
(c) [§123] Effect of Insurance or Other Third-Party
Payment.
(d) [§124] Comparative Fault of Victim.
7. [§125] Joint and Several Liability.
8. [§126] Hearing and Order.
9. [§127] Enforcement of Order.
VIII. NONPUNITIVE TREATMENT OF SEX OFFENDERS
A. In General.
2. [§129] Proposition 83.
3. [§130] Fine.
4. [§131] Prohibition Against Working with Children.
5. [§132] Prohibition Against Harassment of Minor Victim.
6. [§133] Residency Restrictions.
7. [§134] Electronic Monitoring.
8. [§135] Chemical Castration.
B. Registration.
2. Persons Required To Register.

(b) [§138] Transient Offenders.
3. Registration Requirements.
(a-1) (New) Duration of Registration Requirement Under
Three Tier System.
(1) [§139A] (New) In General.
(2) [§139B] (New) Three Tier System.
CHAPTER OUTLINES
(3) [§139C] (New) Determining Duration of

Requirement.
(4) [§139D] (New) Procedure for Termination of
Registration Requirement.
(b) [§140] Transient Offenders.
(c) [§141] Students and Employees at Institutions of
Higher Education.
(d) [§142] Notice of Changes.
(e) [§143] Notice of Duty To Register.
4. [§144] Relief From Registration Requirement.
5. Constitutionality.
(b) [§146] Equal Protection Challenges.
(c) [§147] Procedure for Raising Equal Protection
Challenge.
6. Violations.
(a) [§148] Wilful Failure To Register.
(b) [§149] Other Violations.
C. Public Disclosure of Information.
1. [§150] Internet Access (Megan’s Law).
2. [§151] Other Means of Disclosure.
3. [§152] Entities Specifically Entitled to Disclosure.
D. Commitment of Sexually Violent Predators.
2. [§154] Definitions.
3. [§155] Effect of Reversal of Conviction.
4. Screening, Evaluation, and Petition.

(b) [§157] Validity of Evaluator’s Recommendation.

(c) [§158] Use of Invalid Assessment Protocol.
5. Probable Cause Hearing.

(b) [§160] Evidentiary Rules.
6. Trial.
(a-1) [§161A] (New) Jurisdiction Where Defendant Is
Imprisoned for Subsequent Offense.
(b) [§162] Evidence.
(c) [§163] Discovery.
(d) [§164] Restrictions on Disclosure of Identity of
Victims and Witnesses.
(e) [§165] Updated, Replacement, and Additional
Evaluations.
(f) [§166] Defendant Has No Right to Competency
Hearing.
(g) [§167] Summary Judgment and Mandatory Dismissal
Provisions Are Not Applicable.
(h) [§168] Effect of Delay in Trial.
(i) [§169] Jury Instructions.
(j) [§170] Requisite Finding.
(k) [§170A] (New) Argument.
7. [§171] Commitment and Treatment.
8. Release and Discharge.

(a) [§172] Petition Initiated by Department of Mental
Health.
(b) [§173] Petition Initiated by Committed Person.
(c) [§174] Placement on Conditional Release.
9. Constitutionality.
(a) [§175] United States Supreme Court Cases.
CHAPTER OUTLINES
(b) [§176] California Cases.

(c) [§177] Challenges to Indeterminate Term.
E. Former MDSO Proceedings.
1. [§178] Former Statute: Scope and Repeal.
2. [§179] Relevant Cases.
IX. OTHER CONSEQUENCES OF CONVICTION
A. Removal and Disqualification From Office.
1. [§180] Removal.
2. [§181] Disqualification.
B. [§182] Loss of Civil Rights.
C. [§183] Civil Action Against Minor’s Parents.
D. Registration Requirements.
1. [§184] Types of Statutes.
2. [§185] Controlled Substance Offenders.
3. [§186] Arson Offenders.
4. [§187] Gang Members.
E. Forfeiture of Property.
2. [§189] Criminal Actions.
3. [§190] Noncriminal Actions.
4. Constitutional Limitations.
(a) [§191] Notice and Hearing.
(b) [§192] Innocent Owner Defense Is Not Recognized.
(c) Excessive Fines Prohibition.

(2) [§194] Standard for Determining Excessiveness.
5. [§195] Impounding of Motor Vehicles.
6. Controlled Substances Offenses.

(b) [§197] Property Subject to Forfeiture.
(c) [§198] Required Nexus Between Money and Crime.
(d) [§199] Seizure of Property.
(e) [§200] Necessity for Conviction.
(f) Forfeiture Proceeding.
(1) [§201] Commencement of Proceeding.
(2) [§202] Alternative Procedure for Personal
Property.
(3) [§203] Motion for Return.
(4) [§204] Third-Party Claim.
(5) [§205] Hearing and Determination.
7. Profits of Organized Crime.

(c) [§208] Commencement of Proceeding.
(d) [§209] Hearing and Forfeiture.
F. Loss of Driver’s License.
2. Action by Court.
(a) [§211] Discretionary Suspension.
(b) [§212] Mandatory Suspension.
3. Action by Department.
CHAPTER OUTLINES
(b) Mandatory Suspension or Revocation.

(1) [§214] Drunk Driving.
(2) [§215] Excessive Speed.
(3) [§216] Offenses Involving Injury.
(4) [§217] Other Serious Offenses.
(5) [§218] Effect of Criminal Proceedings.
(c) Discretionary Suspension or Revocation.
(1) [§219] Grounds.
(2) [§220] Distinction: Investigation and Hearing.
(d) Implied Consent Law.
(2) [§222] Administrative and Judicial Review.
(3) [§223] Effect of Criminal Case.
G. Administrative Discipline.
1. Loss of Professional or Business License on Conviction.

(b) [§225] Particular Professions.
2. Professional Discipline Without Conviction.

(b) [§227] Nature of Proceedings.
H. [§227A] (New) Public Officer’s Loss of Pension Rights.
I. [§227B] (New) Transfer of Pupil.
X. CRUEL AND UNUSUAL PUNISHMENT
A. [§228] Constitutional and Statutory Provisions.
B. Scope of Protection.
2. Excessive Sentence.
(a) [§230] Federal Approach.
(b) [§231] California Approach: Lynch Analysis.
(c) [§232] Application of Lynch: Dillon Analysis.
(d) [§233] Sentencing of Minors.
(e) [§234] Equal Protection Analysis.
(f) [§235] Determination of Issue.
(g) Illustrations: Punishment Excessive.
(1) [§236] Narcotics Offenses.
(2) [§237] Other Offenses.
(h) Illustrations: Punishment Not Excessive.
(1) [§238] Murder.
(2) [§239] Sex Offenses.
(3) [§240] Narcotics Offenses.
(4) [§241] Other Offenses.
3. [§242] Excessive Force.
4. [§243] Corporal Punishment and Discipline.
5. Deliberate Indifference to Prisoner’s Needs.

(a) [§244] Medical and Human Needs.
(b) [§245] Security Needs.
6. [§246] Deprivation of Citizenship.
7. [§247] Punishment for Disease or Status.
XI. INVALID MULTIPLE PUNISHMENT
A. In General.
1. [§248] Nature and Purpose of Statute.
2. [§249] Distinction: Multiple Convictions.
3. [§250] Distinction: Double Jeopardy.
CHAPTER OUTLINES
4. [§251] Scope of Prohibition: Particular Commitments.
5. Included Offenses.
(b) [§253] Test for Determining Included Offenses.
5A. [§254A] (New) Different Statements of Same Offense.
6. Enhancements.
(b) [§256] Enhancement Allegations Are Not Considered
in Applying Rule Against Multiple
Convictions.
7. [§257] One Strike Sentencing Circumstance.
8. [§258] Death Penalty: Aggravating Factors.
B. Multiple Prosecutions Are Prohibited.
1. [§259] Statutory Requirement.
2. [§260] Single Prosecution Rule.
3. [§261] Test for Applying Rule.
4. [§262] Distinction: Retrial After Mistrial, Dismissal, or

Reversal.
5. [§263] Rule Applies to Judicial Proceedings Only.
6. Exceptions to Rule.
(b) [§265] Defendant Responsible for Claimed Violation.
(c) [§266] Infractions.
(d) [§267] Second Prosecution Based on Subsequent
Events.
C. Effect of Violation.
2. [§269] Where Defendant Pleads Guilty or Nolo Contendere.
3. [§270] Where Defendant Agrees to Sentence.
D. [§271] Procedure in Trial Court.
E. What Constitutes Act or Omission.
1. [§272] The Ultimate Object Test.
3. [§274] Separate Criminal Acts.
4. Multiple Victims.
5. [§277] Multiple Offenses Against Property.
6. [§278] Determination by Trial Court.
F. Particular Crimes.
1. [§279] Homicide and Other Crimes.
2. Kidnaping and Other Crimes.

(a) [§280] Single Act.
(b) [§281] Divisible Acts.
3. Robbery and Assault.

(a) [§282] Single Act.
(b) [§283] Divisible Acts.
(c) [§284] Multiple Assaults.
4. [§285] Robbery or Theft and Burglary.
5. [§286] Robbery and Narcotics Possession.
6. [§287] Robbery and Other Crimes.
7. [§288] Burglary and Other Crimes.
CHAPTER OUTLINES
8. [§289] Theft and Other Crimes.
9. [§290] Forgery and False Writings.
10. Sex Offenses.

(b) [§292] Offenses of the Same Type.
(c) [§293] Effect of Specific Statute Permitting
Consecutive Terms.
(d) [§294] Violations of Sex Offender Registration
Requirements.
11. Narcotics Offenses.

(b) [§296] Possession and Other Crimes.
(c) [§297] Offenses of the Same Type.
12. [§298] Driving Under the Influence: Multiple Victims.
13. [§299] Conspiracy.
14. [§300] Intimidating Witness.
15. [§301] Illegal Possession of Weapon.
16. [§302] Miscellaneous Crimes.
XII. PUNISHMENT FOR ATTEMPTS
A. [§303] Location or Type of Punishment for Attempted

Offense.
B. [§304] Crime Divided into Degrees.
C. [§305] Exceptions and Distinctions.
XIII. PUNISHMENT FOR MISDEMEANORS
A. [§306] Where Punishment Is Not Specified.
B. [§307] Maximum Confinement of One Year.
C. [§308] Consecutive Sentences for Multiple Offenses.
D. (New) Proposition 47.
2. (New) Reduction of Existing Felony to Misdemeanor.

(a) [§308B] (New) In General.
(b) [§308C] (New) Procedure for Seeking Recall of
Sentence for Persons Who Are Serving
Felony Sentence.
(c) [§308D] (New) Burden of Proof on Issue of
Eligibility.
(d) [§308E] (New) Procedure for Redesignating Offense
as Misdemeanor for Persons Who Have
Completed Felony Sentence.
3. [§308F] (New) Appeal.
4. [§308G] (New) Resentencing.
5. [§308H] (New) Application to Juveniles.
6. [§308I] (New) Effect of Revocation and Reinstatement of

Parole.
7. [§308J] (New) Effect of Guilty Plea to Felony Sought To Be

Reduced.
E. [§308K] (New) Consideration of Aggravating and Mitigating

Factors.
XIV. PUNISHMENT FOR NONCAPITAL FELONIES
A. In General.
1. [§309] State Prison Term.
2. [§310] County Jail Sentence and Realignment Legislation.
3. [§311] Commitment to Juvenile Facility.
4. [§312] Commitment of Military Veteran to Alternative
CHAPTER OUTLINES
Institution.
B. Determinate Sentencing Law (DSL).
2. [§314] Application of Statute.
3. [§315] Sentencing Proceeding.
4. [§316] Right to Jury Trial on Facts Used To Increase

Sentence.
5. Base Term.
(b) [§318] Statements in Aggravation and Mitigation.
(c) No Dual Use of Facts.
(1) [§319] Fact of Enhancement.
(2) [§320] Element of Crime.
(3) [§321] Exception: Facts About Probation.
(4) [§322] Distinction: Related Facts.
(d) Circumstances in Aggravation.
(2) [§324] Effect of Contrary Findings.
(3) Factors Relating to the Crime.
(aa) [§325] Use of Violence or Weapon.
(bb) [§326] Victim’s Status.
(cc) [§327] Multiple Victims.
(dd) [§328] Defendant’s Role.
(ee) [§329] Interference With Judicial Process.
(ff) [§330] Value or Quantity.
(gg) [§331] Other Factors.
(4) [§332] Factors Relating to Defendant.
(e) Circumstances in Mitigation.
(2) [§334] Factors Relating to the Crime.

(3) Factors Relating to Defendant.
(aa) [§335] Listed Factors.
(bb) [§336] Alcoholism or Drug Addiction.
(f) Effect of Plea Bargain.
(1) [§337] General Rule: No Consideration of
Dismissed Charges.
(2) [§338] Exception: Transactionally Related
Charges.
(g) Statement of Reasons.
(2) [§340] Waiver by Failure To Object.
(3) [§341] When Statement Is Required.
(4) [§342] When Statement Is Not Required.
(5) [§343] Adequacy of Statement.
6. Enhancements.
(a) In General.
(1) [§344] Nature and Scope.
(2) [§345] Pleading and Proof.
(3) [§346] Sentencing Procedure.
(4) [§347] Power To Strike Enhancements.
(b) Limitations on Enhancements.
(c) Great Bodily Injury Enhancement.
(1) [§350] General Provision.
(2) [§351] Violent Sex Crimes.
(3) [§352] Personal Infliction.
(4) [§353] In Commission of Felony.
(5) [§354] Nature of Injury.
CHAPTER OUTLINES
(d) Weapons Enhancements.

(2) [§356] Procedure.
(3) Specific Enhancements.
(aa) [§357] P.C. 12022: Defendant Was Armed
or Used Dangerous Weapon.
(bb) [§358] P.C. 12022.5: Personal Use of
Firearm.
(cc) [§359] P.C. 12022.53: Personal Use of
Firearm in Specified Felonies.
(dd) [§360] P.C. 12021.5, 12022.53: Street Gang
Crimes.
(ee) [§361] P.C. 12022.3: Sex Crimes.
(ff) [§362] Other Provisions.
(4) [§363] What Is Firearm or Weapon.
(5) [§364] What Constitutes Being Armed.
(6) What Constitutes Use.
(bb) [§366] Single Use Is Sufficient.
(7) [§367] “Use” Distinguished From “Armed.”
(8) [§368] Multiple Victims.
(9) [§369] Where Possession or Use Is Element of
Crime.
(e) [§370] Kidnaping Offenses.
(f) [§371] Sex Offenses.
(g) [§372] Arson Offenses.
(h) [§373] Hate Crimes.
(i) Controlled Substance Enhancements.
(2) [§375] Value or Amount.
(j) Felony Committed While on Bail or Own Recognizance.
(k) Large Loss or Transaction.

(2) [§379] Aggravated White Collar Crime.
(l) Enhancements Related to Vulnerable Victim.
(2) [§381] Offense Against Physically Vulnerable
Person.
(m) Other Enhancements.
(2) [§383] Criminal Use of Sex Offender
Information.
7. Consecutive Sentences.
(b) [§385] Criteria for Decision.
(c) [§386] Calculation of Term.
(d) Exceptions to One-Third Midterm Rule.
(1) [§387] Kidnaping.
(3) [§389] Crimes by Prisoner or Escapee.
(4) [§390] Crimes Against Victim or Witness.
(e) [§391] Separate Proceedings Imposing Consecutive
Sentences.
(f) [§392] Indeterminate Term Consecutive to
Determinate Term.
(g) [§393] California Term Consecutive to Non-California
Term.
8. Recall of Sentence.
(a) [§394] Statutory Authority.
(b) [§395] Procedure.
(c) [§396] Scope of Power.
(d) [§396A] (New) Minor Sentenced to Life Without
Possibility of Parole.
CHAPTER OUTLINES
C. Penalties Based on Prior Convictions.
2. [§398] What Constitutes Prior Conviction.
3. [§399] Prior Felony in Another Jurisdiction.
4. Prior Incarceration for Felony.

(b) [§401] What Are Violent Felonies.
(c) [§402] What Is Prior Prison Term.
(d) [§403] Felony From Another Jurisdiction.
(e) [§404] Dual Use of Prior Conviction.
5. Prior Serious Felony.

(a) [§405] Nature of Enhancement.
(b) What Is Serious Felony.
(2) [§407] Particular Offenses.
(3) Proof That Felony Is Serious.
(bb) [§409] Use of Hearsay.
(cc) [§410] Defendant’s Admissions After
Acceptance of Plea.
(c) [§411] Separate Proceedings Requirement.
(d) [§412] Procedure.
(e) [§413] Dual Use of Prior Conviction.
6. Prior Conviction of Sex Crime.

(a) [§414] Violent Crimes.
(b) [§415] Habitual Offender.
(c) [§416] Lewd Act or Continuous Sexual Abuse of
Child.
7. Other Offenses Committed After Prior Conviction.

(a) [§417] Theft.
(b) [§418] Offense Involving Great Bodily Injury.
(c) [§419] Controlled Substance Offenses.
(d) [§420] Offense Against Vulnerable Victim.
8. Three Strikes Law.

(a) [§421] Adoption and Application.
(a-1) [§421A] (New) Adoption of Proposition 36.
(a-2) (New) Resentencing Under Proposition 36.
(1) [§421B] (New) In General.
(2) [§421C] (New) Eligibility and Determination.
(3) (New) Procedure.
(aa) [§421D] (New) In General.
(bb) [§421E] (New) Petition To Establish
Eligibility.
(cc) [§421F] (New) Resentencing Hearing.
(dd) [§421G] (New) Review of Record of
Previous Prosecution.
(ee) [§421H] (New) Trial Court’s Discretion To
Find Unreasonable Risk of
Danger to Public.
(ff) [§421-I] (New) Appealability of Order
Denying Petition.
(gg) [§421J] (New) Erroneous Resentencing.
(hh) [§421K] (New) Other Procedural Issues.
(4) [§421L] (New) What Constitutes Being Armed
During Commission of Offense.
(b) Constitutionality.
(2) [§423] Cruel and Unusual Punishment.
(c) [§424] Sentencing Rules for Three Strikes Cases.
(d) What Is Prior Conviction.
(1) [§425] Violent or Serious Felony.
CHAPTER OUTLINES
(2) [§426] Out-of-State Conviction.

(3) [§427] Juvenile Adjudication.
(e) [§428] Sentence When Defendant Has Single Prior
Conviction.
(f) Sentence When Defendant Has Multiple Prior
Convictions.
(1a) [§429A] (New) Where Third Strike Is Not
Serious or Violent Felony.
(2) [§430] Individual Application of Prior
Convictions to Each Count.
(g) Consecutive Sentencing.
(1) [§431] Statutory Provisions.
(2) Application of Provisions.
(bb) [§433] Exception for Same Occasion or
Operative Facts.
(cc) [§434] Effect of Dismissal of Strike as to
Fewer Than All Counts.
(h) [§435] Dual Use of Prior Conviction.
(i) [§436] Effect of Enhancement When Calculating
Indeterminate Term.
(j) [§437] Felony-Misdemeanors (“Wobblers”).
(k) [§438] Pleading and Proof.
(l) Power To Strike Prior Convictions.
(1) [§439] Court Retains Discretion To Strike.
(2) [§440] Scope of Discretion.
(3) [§441] Striking Prior Convictions as to Fewer
Than All Counts.
(4) [§442] Appellate Review.
(5) [§443] Procedure for Challenging Failure To
Exercise Discretion.
9. Procedure.
(a) [§444] Accusatory Pleading.
(b) [§445] Answer.

(c) [§446] Effect of Defendant’s Admission.
(d) [§447] Trial of Issue.
(e) Evidence.
(2) [§449] Sufficiency.
(3) [§450] Effect of Reversal for Insufficient
Evidence.
(4) [§451] Offense Committed in Another
Jurisdiction.
(f) [§452] Finding.
(g) [§453] Review on Appeal.
(h) Review on Habeas Corpus.
(1) [§454] Propriety of Remedy.
(2) [§455] Scope of Review.
D. Violent Sex Crimes.
1. [§456] Fully Consecutive Sentences.
2. [§457] Discretion of Trial Judge.
3. [§458] Separate Occasions.
4. One Strike Law.

(b) [§460] Where Minimum Term Is 15 Years.
(c) [§461] Where Minimum Term Is 25 Years.
(d) [§462] Offenses Committed Against Minors.
(e) [§463] Imposition of Sentence.
E. Credits Against Sentence.
1. Presentence Custody Credits.

(a) [§464] Credit for All Days of Custody.
(b) [§465] Calculation of Credits Where Sentence Is
Altered.
CHAPTER OUTLINES
(c) Effect of Dual Custody.

(1) [§466] Nature of Problem.
(2) [§467] Rule of Strict Causation.
(3) [§468] Defendant Imprisoned on Another
Sentence Awaiting Trial.
(4) [§469] Defendant Subject to Parole or Probation
Hold or Revocation.
(4a) [§469A] (New) Defendant Given Concurrent
Sentences for Unrelated Crimes.
(5) [§470] Absconders and Escapers.
(6) [§471] Credit Applicable to Subordinate Term.
(d) [§472] Particular Confinements.
(e) [§473] Waiver of Credit.
2. Conduct Credits.
(a) Local Custody.
(2) [§475] Amount and Computation.
(b) State Prison Custody.
(1) [§476] Eligibility for Credit.
(2) [§477] Limitations on Credit Under Three Strikes
Law.
(3) [§478] Limitations on Credit for Violent
Felonies.
(4) [§479] Persons Ineligible for Credit.
(5) [§480] Suspension of Eligibility.
(6) [§481] Denial of Credit.
(c) [§482] Other Custody.
(d) [§483] Juveniles and Youthful Offenders.
XV. CAPITAL PUNISHMENT
B. Cruel and Unusual Punishment Issues.
1. [§485] Early Cases.
2. Death Penalty Is Constitutional.

(a) [§486] California Constitution and Statutes.
(b) [§487] United States Constitution.
3. Guided Discretion.
(b) [§489] Effect of Invalid Aggravating Factor.
4. Mitigating Evidence.
(a) [§490] All Mitigating Evidence Must Be Considered.
(b) [§491] Distinction: Limitations on How Evidence Is
Considered.
(c) [§492] Compatibility With Requirement of Guided
Discretion.
5. [§493] Weighing of Factors by Appellate Court.
6. [§494] Manner of Execution.
7. [§495] Delay in Execution.
8. Restrictions on Imposition.
(a) [§496] Mandatory Death Penalty Is Unconstitutional.
(b) [§497] Death Penalty for Murder.
(c) Death Penalty for Felony Murder.
(1) [§498] No Intent To Kill.
(2) [§499] Reckless Indifference.
(d) [§500] No Death Penalty for Minors.
(e) [§501] Death Penalty for Insane or Mentally Disabled
Persons.
(f) [§502] Death Penalty May Not Be Restricted to Jury
Cases.
(g) [§503] Sentencing Procedures Must Meet Due Process
Standards.
CHAPTER OUTLINES
(h) [§504] Consideration of Lesser Included Offenses.
9. [§505] Proportionality Review Is Not Required.
10. [§506] Unconstitutionality Is Not Established by Proof of

Disparate Impact.
11. [§507] Retroactivity.
C. Nature of California Death Penalty Law.
2. [§509] Former Law.
3. 1978 Statute.
(b) [§511] Defendant Under Age 18.
(c) Constitutionality Upheld.
(2) [§513] Standard of Proof.
(3) [§514] Vagueness.
(4) [§515] International Law.
(d) [§516] Subsequent Amendment.
4. [§517] Offenses Punishable by Death.
D. Special Circumstances.
2. [§519] Prior Murders.
3. [§520] Multiple Murders.
4. [§521] Murder for Financial Gain.
5. [§522] Murder To Prevent Arrest or Perfect Escape.
6. [§523] Murder To Further Gang Activities.
7. [§524] Murder by Destructive Device.
8. Murder by Lying in Wait.

9. [§527] Murder by Torture.
10. [§528] Murder by Poison.
11. [§529] Murder by Discharge of Firearm From Vehicle.
12. [§530] Especially Heinous, Atrocious, or Cruel Murder.
13. [§531] Murder Because of Race, Color, Religion,

Nationality, or Country of Origin.
14. Felony-Murder.
(c) [§534] Corpus Delicti Rule Is Not Applicable.
(d) [§535] Felony May Not Be Merely Incidental to
Murder.
(e) [§536] Intent.
(f) [§536A] (New) Accomplice Liability for Felony-
Murder.
(g) [§536B] (New) Resentencing Past Felony-Murder
Convictions Predicated on Accomplice
Liability.
15. Particular Victims.

(b) [§538] Law Enforcement Officers.
(c) [§539] Firefighters.
(d) [§540] Witnesses to Crime.
(e) [§541] Prosecutor, Judge, Public Official, or Juror.
16. [§542] Special Circumstances Not Involving Death Penalty.
17. [§543] Aider and Abettor.
CHAPTER OUTLINES
18. Proof of Special Circumstances.

(b) [§545] Multiple Special Circumstances.
E. Penalty Phase of Trial.
1. In General.
(a) [§546] Nature and Development of Proceeding.
(b) [§547] Sequence of Phases.
(c) [§548] Function of Judge and Jury.
(d) [§549] Discretion of Trier of Fact.
2. Evidence.
(b) [§551] Rebuttal Evidence.
(c) [§552] Comment by Judge.
3. Aggravating Circumstances.
(a) Notice of Intended Use.
(1) [§553] Requirement of Advance Notice.
(2) [§554] Exceptions and Distinctions.
(b) Factors Properly Considered.
(1) [§555] Circumstances of Crime.
(2) Victim Impact Evidence.
(3) Criminal Activity Involving Force or Violence.
(bb) [§559] Interpretation and Application.
(cc) [§560] Duty To Instruct.
(dd) [§561] Particular Conduct.
(4) [§562] Prior Felony Conviction.
(5) [§563] Other Factors.
(c) Factors Not Properly Considered.

(1) [§564] Deterrent Effect of Death Penalty.
(2) [§565] Effect of Life Sentence.
(3) [§566] Absence of Mitigating Factors.
4. Mitigating Circumstances.
(b) [§569] Failure To Present Mitigating Evidence.
(c) Factors Properly Considered.
(1) [§570] Defendant’s Background and History.
(2) [§571] Defendant’s Mental Condition.
(3) [§572] Other Extenuating Circumstances.
(d) Factors Not Properly Considered.
(1) [§574] Lack of Deterrent Effect of Death Penalty.
(2) [§575] Manner of Execution and Conditions of
Confinement.
5. Argument.
(b) [§578] Effect of Life Sentence.
(c) [§579] Weighing Process.
(d) [§580] Appeal to Religious Authority.
(e) [§581] Inviting Jurors To Place Themselves in
Victim’s Position.
(f) [§582] Lingering Doubt.
(g) [§583] Other Illustrations.
6. Instructions.
(b) [§585] Applicability of Guilt Phase Instructions.
CHAPTER OUTLINES
(c) Weighing Process.

(d) [§588] Sympathy and Related Instructions.
(e) [§589] Possibility of Clemency or Change in Law.
(f) [§590] Parole Ineligibility.
(g) [§591] Other Instruction Issues.
7. [§592] Verdict.
8. Application for Modification.

(a) [§593] Procedure.
(b) [§594] Statement of Reasons.
(c) [§595] Standard of Review.
(d) [§596] Consideration of Probation Report.
(e) [§597] Illustrations.
9. Automatic Appeal.
(b) [§599] Preparation of Record.
(c) [§600] Certification of Record.
XVI. PROBATION
A. In General.
1. [§601] Nature and Purpose.
2. [§602] Probation Officers and Agencies.
3. [§603] Supervision of Probationer.
4. [§604] Community Corrections Program.
5. [§605] Sex Offender Management Program.
6. [§606] Continuous Electronic Monitoring.
7. [§606A] (New) Flash Incarceration.
B. When Probation Cannot Be Granted.
1. [§607] Former Statutory Framework.
2. [§608] Personal Use of Firearm.
3. [§609] Infliction of Great Bodily Injury.
4. [§610] Felony Against Aged or Disabled Person.
5. Lewd Act With Child.

(a) [§611] Circumstances Barring Probation.
(b) [§612] Exceptions.
(c) [§613] Procedure.
6. [§614] Other Sex Offenses.
7. Controlled Substances Offenses.

(a) [§615] Penal Code Provisions.
(b) [§616] Health and Safety Code Provisions.
8. [§617] Felony Involving Public Transit Vehicle.
9. [§618] Designated Felonies Within Ten-Year Period.
10. [§619] Felony by Person on Parole or Probation.
C. Where Probation Is Possible but Disfavored.
1. [§621] P.C. 1203.
2. [§622] Other Statutory Provisions.
3. [§623] Unusual Circumstances Justifying Probation.
4. [§624] Procedure.
5. [§625] Restrictions Applying to Sex Offenses.
CHAPTER OUTLINES
D. Reference or Summary Pronouncement.
1. Reference to Probation Officer in Felony Case.

(a) Necessity of Reference.
(1) [§626] Mandatory Requirement.
(2) [§627] Waiver.
(3) [§628] New Reference After Reversal or
Remand.
(4) [§629] Effect of Defendant’s Ineligibility.
(b) Report by Probation Officer.
(2) [§631] Required Contents.
(3) [§632] Improper Contents.
(4) Availability of Report.
(bb) [§634] To Public.
(c) [§635] Hearing and Determination.
2. Reference or Summary Pronouncement in Misdemeanor or

Infraction Case.
(a) [§636] Election To Refer.
(b) [§637] Conditional Sentence.
E. Action Taken.
1. In General.
(a) [§638] Discretion of Trial Judge.
(b) [§639] Criteria Affecting Grant or Denial of
Probation.
2. Grounds for Reversal of Order Denying Probation.

(a) [§640] Failure To Determine Merits of Application.
(b) [§641] Lack of Fundamental Fairness.
(c) [§642] Ex Parte Communications.
(d) [§643] Abuse of Discretion.
3. Granting of Probation.
(a) Alternative Procedures.
(2) [§645] Imposition of Sentence Is Suspended
Without Judgment.
(3) [§646] Execution of Sentence Is Suspended After
Judgment.
(4) [§647] Suspension as Alternative Where
Probation Is Denied.
(b) Period.
(1) [§648] Felony Cases.
(2) [§649] Misdemeanor Cases.
(c) Defendant’s Rejection of Probation.
(1) [§650] Right To Reject.
(2) [§651] Manifestation of Rejection.
F. Conditions.
1. Permissible Conditions.
(a) [§652] Scope of Discretion.
(b) County Jail Sentence and Fine.
(1) [§653] Permissible.
(2) [§654] Mandatory.
(c) Restitution.
(2) [§656] Particular Statutes.
(3) [§657] Definitions.
(4) [§658] Condition Is Proper When Related to
Crime for Which Convicted.
(5) [§659] Condition Is Improper When Not Related
to Crime for Which Convicted.
(6) [§660] Defendant’s Ability To Pay.
(7) [§661] Amount and Manner of Disbursement.
(d) [§662] Payment of Probation Costs.
CHAPTER OUTLINES
(e) [§663] Payment of Incarceration Costs.

(f) [§664] Counseling, Treatment, and Education.
(g) [§665] Abstinence From Alcohol or Drugs.
(g-1) [§665A] (New) Consent to Electronic Search.
(h) [§666] Other Express Conditions.
(i) [§667] Catch-all Provision Requiring Affirmative Act.
(j) [§668] Catch-all Provision Requiring Abstention.
(k) [§669] Implied Conditions.
2. Invalid Conditions.
(a) [§670] Circumstances Required for Invalidity.
(b) [§671] Failure To Object Precludes Challenge on
Appeal.
(c) [§672] Banishment From County, State, or Country.
(d) [§673] Prohibition Against Pregnancy.
(e) [§674] Unwarranted Requirement of Psychiatric
Treatment.
(f) [§675] Invalid Interference With First Amendment
Rights.
(g) [§676] Attempt To Influence Board of Prison Terms.
(h) [§677] Waiver of Knock-Notice Requirements.
(i) [§678] Reimbursement of Cost of Appointed Counsel.
(j) [§679] Other Invalid Conditions.
G. Modification.
1. [§680] Power To Modify.
2. [§681] New Facts Are Essential.
3. [§682] New Conditions May Be Imposed.
H. Revocation.
1. In General.
(a) [§684] Power To Revoke.
(b) [§685] Court’s Discretion.
(c) [§686] Revocation Restitution Fine.
(d) [§687] Time Limitations.
(e) [§687A] (New) Uniform Revocation Procedure.
2. Due Process Requirements.

(a) [§688] Former Law.
(b) [§689] Right to Hearing Before Sentencing.
(c) [§690] Similarity Between Parole and Probation
Revocation.
(d) [§691] When Probationer Is Entitled to Counsel.
(e) [§692] When Hearing Is Required.
3. Procedure.
(a) [§693] Statutory Requirements.
(b) Formal Revocation Hearing.
(2) [§695] Standard of Proof.
(3) [§696] Right to Counsel.
(4) [§697] Hearsay.
(5) [§698] Inapplicable Trial Practices.
(6) [§699] Right of Confrontation.
(7) [§700] Hearing Before Trial on Concurrent
Criminal Charges.
(8) [§701] Hearing Concurrent With Preliminary
Examination.
(c) [§702] Vacation and Review of Revocation Order.
4. Imposition or Execution of Sentence Following Revocation.

CHAPTER OUTLINES
(b) Where Imposition of Sentence Was Suspended.

(1) [§704] Length of Sentence.
(2) [§705] Due Process Rights.
(3) Probationer Imprisoned for Another Offense.
(bb) [§707] Procedure.
(cc) [§708] Loss of Jurisdiction.
(dd) [§709] Failure To Give Defendant Notice of
Pending Revocation Proceeding.
(ee) [§710] Commitment Is Required.
(ff) [§711] Application to Out-of-State
Prisoners.
(gg) [§712] Optional Procedures for
Unsentenced Probationer.
(c) Where Execution of Sentence Was Suspended.
(2) [§714] Imprisoned Probationer.
I. Dismissal.
1. After Fulfillment of Conditions.

(a) Nature of Right.
(1) [§715] When Applicable.
(2) [§716] Exceptions.
(3) [§717] Alternative Attack by Coram Nobis.
(c) [§719] Remaining Effects of Conviction.
2. [§720] Without Probation.
3. [§720A] (New) After Serving Sentence.
J. Sealing of Minor’s Misdemeanor Records.
1. Where Minor Was Convicted.

(b) [§722] Constitutionality.

(c) [§723] Power To Seal Is Statutory.
(d) [§724] Effect of Prior Sealing on Subsequent Sealing.
2. [§725] Where Minor Was Not Convicted.
3. [§725A] (New) Minor Declared Ward for Commission of

Prostitution Offenses.
XVII. PAROLE
B. Realignment.
2. [§728] Parole From Prison Prior to October 1, 2011.
3. [§729] Law Operative Until July 1, 2013.
4. [§730] Law Operative On July 1, 2013.
C. From State Prison.
1. In General.
(a) [§731] Board of Parole Hearings.
(b) [§732] Notice of Impending Release.
(b-1) [§732A] (New) Notice of Terms and Conditions of
Release.
(c) [§733] Liberty Interest Protected by Due Process.
2. Limitations on Power.
(a) [§734] When Parole Is Prohibited.
(b) [§735] Requirement of Minimum Period of Service.
3. Setting Conditions and Length of Parole: Under Former

Indeterminate Sentence Law.
(b) [§737] Statement of Reasons Is Required.
CHAPTER OUTLINES
(c) [§738] Rescission of Parole Date Before Parole

Begins.
(d) [§739] Discovery of Information Affecting Denial of
Parole.
(e) [§740] Condition of Trial Elsewhere.
4. Setting Conditions and Length of Parole: Under Current Law.

(b) [§742] Place of Return.
(c) Hearing Procedure.
(2) Participation by Victim and Family.
(bb) [§745] Notice.
(3) [§746] Public Participation.
(4) Review by Governor.
(bb) [§748] Scope of Review Power.
(5) [§749] Notice of Action.
(6) [§750] Next Hearing Where Parole Is Denied.
(7) [§751] Next Hearing Advanced to Earlier Date.
(8) [§751A] (New) Youth Offender Parole Hearing.
(d) Conditions of Parole.
(1) [§752] Discretionary Conditions.
(2) [§753] Mandatory Conditions.
(3) [§754] Constructive Custody of Parolee.
(e) Parole Period.
(1) [§755] Under Determinate Sentencing Law.
(2) Under Indeterminate Sentencing Law.
(bb) [§757] Release Date.
(cc) [§758] Right to Consideration Under Both
Sentence Law Guidelines.

(3) [§759] For Persons Convicted of Murder.
(4) [§760] For Life Prisoners.
(5) [§760A] (New) For Elderly Inmates.
(f) [§761] Mandatory Discharge From Custody.
(g) [§762] Concurrent California and Out-of-State
Sentences.
(h) Mentally Disordered Prisoners.
(1) Treatment as Condition of Parole.
(aa) [§763] Mentally Disordered Offender Law.
(bb) [§764] Treatment Criteria.
(cc) [§765] Illustrations of Qualifying Offenses.
(dd) [§766] Hearing and Determination.
(2) Continued Involuntary Treatment.
(aa) [§767] Report and Petition.
(bb) [§768] Nature of Determination.
(cc) [§769] When Trial Must Commence.
(dd) [§770] Testimony of Defendant.
(ee) [§771] Petition Filed After Commitment
Has Expired.
(ff) [§772] Release on Outpatient Status.
(gg) [§773] Effect of Prior MDO Proceeding.
(hh) [§774] No Right to Instruction on
Presumption of Innocence.
(3) [§775] Right To Refuse Antipsychotic
Medication.
(i) Sex Offenders.
(1) [§776] Extended Parole Period.
(2) [§777] Intensive Supervision.
5. Suspension and Revocation.

(b) [§779] Effect of Revocation on Term.
CHAPTER OUTLINES
(c) [§780] Distinction: No Revocation After Term Has

Been Served.
(d) [§781] Limitation on Procedural Rights.
(e) Requirement of Good Cause.
(1) [§782] Necessity.
(2) [§783] Scope of Review.
(f) Constitutional Requirement of Due Process.
(1) [§784] Parole Is Protected by Fourteenth
Amendment.
(2) [§785] Alleged New Offense as Basis for
Revocation.
(3) [§786] Limited Right to Counsel.
(4) [§787] Right to Information.
(5) [§788] No Right to Bail.
(6) [§789] Extradition Proceedings.
(7) [§790] Incarceration in Other Jurisdiction.
(8) [§791] Waiver of Hearing Rights.
(9) [§792] Effect of Denial of Rights.
(g) Drug Treatment Under Proposition 36.
(2) [§794] Sanctions.
(h) [§795] Intermediate Sanctions in Lieu of Revocation.
6. Postrelease Community Supervision.

(b) [§797] Excluded Offenses.
(c) [§798] Notification.
(d) [§799] Agreement.
(e) [§800] Community-Based Punishment.
(f) [§801] Assessment and Refinement.
(g) Revocation.
(2) [§803] Petition.
(3) [§804] Probable Cause Review.

(4) [§805] Hearing.
(5) (New) Uniform Revocation Procedure.
(aa) [§805A] (New) In General.
(bb) [§805B] (New) Petition and Report.
(cc) [§805C] (New) Hearing and Determination.
(h) [§806] Events Terminating Postrelease Supervision.
(i) [§807] Change of Residence.
7. Judicial Standard of Review for Parole Decisions.

(b) “Some Evidence” Standard.
(2) [§810] Development of Standard.
(3) [§811] Suitability Determination Does Not
Require Comparative Analysis.
(4) [§812] Evidence of Current Dangerousness Is
Required.
D. From County Jail.
2. [§814] Grant of Parole.
3. [§815] Revocation of Parole.
4. [§816] Repayment of Costs.
E. Work Furlough Program.
1. [§817] Placement of Inmates in Program.
2. [§818] Notification of Inmate’s Pending Release or Escape.
F. [§819] Out-of-State Supervision of Probationers and Parolees.
G. [§820] Continuous Electronic Monitoring.
H. [§821] Parole Reentry Facilities.
CHAPTER OUTLINES
I. [§822] Parole Reentry Programs.
J. [§823] Medical Parole.
XVIII. EXECUTIVE CLEMENCY
A. [§824] Nature of Powers.
B. Commutation and Pardon.
1. Procedure.
(a) [§825] Recommendation by Board of Parole Hearings.
(b) [§826] Application by Prisoner.
(c) [§827] Investigation and Report.
(d) [§828] Referral to Supreme Court.
(e) [§829] Decision and Report by Governor.
2. Effect of Full Pardon.

(b) [§831] Indemnity for Person Pardoned.
XIX. REHABILITATION PROCEEDING
B. [§833] Residence and Rehabilitation Period.
C. [§834] Petition, Notice, and Investigation.
D. [§835] Grant of Petition: Certificate of Rehabilitation.
E. [§836] Denial of Petition.
F. [§837] Effect of Certificate and Pardon.
CHAPTER X
INTRODUCTION TO CRIMINAL PROCEDURE
I. NATURE OF CRIMINAL PROCEDURE
A. [§1] Scope of Treatment.
B. [§2] Criminal Actions.
C. [§3] Functions of Counsel.
D. [§4] Civil Procedure Compared.
E. [§5] Procedure in Criminal Courts.
F. [§6] Pleadings.
G. Motions.
1. [§7] Nature and Types.
2. [§8] Practice.
H. [§9] Rules of Court.
I. Retroactivity of Newly Declared Rule.
1. [§10] Federal Constitutional Rule.
3. [§12] California Rule.
II. CRIMINAL LAW ADMINISTRATION
A. [§13] Department of Justice.
B. Attorney General.
1. [§14] Principal Powers and Duties.

2. [§15] Supervision of Law Enforcement Officers.
3. [§16] Prosecution or Assistance.
C. District Attorneys.
1. Duties and Powers.

(b) [§18] Criminal Matters.
2. Discretion To Prosecute.
(b) [§20] Contempt.
(c) [§21] Citizen May Not Compel or Intervene in
Prosecution.
(d) [§22] Improper Charge of Felony.
(e) [§23] No Presumption of Vindictiveness From
Exercise of Discretion.
3. Disqualification of Prosecutor.
(c) Recusal of Prosecutorial Staff.
(d) Standard for Disqualification.
(2) [§29] Involvement With Book or Film.
(e) [§30] Financial Assistance From Victim.
4. [§31] Disqualification of City Attorney as Defense Counsel.
D. [§32] State Public Defender.
E. Grand Jury.
1. [§33] Nature.
CHAPTER OUTLINES
2. Constitutional Standards in Selection.

(b) [§35] Systematic Exclusion.
(c) [§36] Substantial Underrepresentation.
(d) [§37] Identifiable Group.
3. [§38] Formation.
4. [§39] Impaneling.
5. [§40] Inquiry into Public Offenses.
6. [§41] Other Powers and Duties.
7. [§42] Legal and Other Assistance.
8. [§43] Reports.
9. [§44] Confidentiality.
10. [§45] Judicial Review.
F. [§46] Coroner.
G. [§47] Magistrate.
H. [§48] Traffic Referee.
I. [§49] Court Commissioner as Temporary Judge.
J. [§50] Comprehensive Planning Agencies.
K. Criminal Records.
2. [§52] Summary Criminal History Information.
3. [§53] Disclosure in Special Circumstances.
4. [§54] Disposition of Records, Exhibits, and Unclaimed

Property.
L. Collection of Forensic Information.
2. [§56] Persons Required To Provide Forensic Material.
3. [§57] Collection and Analysis.
4. [§58] Destruction and Expungement.
4A. [§58A] (New) Voluntary DNA Reference Sample From

Minor.
5. [§59] Confidentiality and Disclosure.
6. [§60] Constitutionality.
7. [§61] Motion for DNA Testing.
CHAPTER XI
JURISDICTION AND VENUE
I. IN GENERAL
A. Jurisdiction of Subject Matter.
1. [§1] Nature of Requirement.
2. [§2] Aspects of Subject Matter Jurisdiction.
B. [§3] Jurisdiction of Person.
C. Federal and State Jurisdiction.
2. [§5] Priority and Reciprocal Comity.
3. [§6] Effect of Removal to Federal Court.
D. Jurisdiction To Act (Excess of Jurisdiction).
2. [§8] Estoppel to Attack Excess of Jurisdiction.
E. Equity Jurisdiction.
1. [§9] No Jurisdiction To Punish.
2. [§10] No Injunction Against Prosecution.
3. Federal Relief Against State Prosecution.

(a) [§11] Injunction Against Pending Prosecution.
(b) [§12] Relief When No Prosecution Is Pending.
II. JURISDICTION OF SUPERIOR COURT
A. [§13] Court Unification.
B. [§14] Original Jurisdiction in All Causes.
C. [§15] Criminal Departments and Divisions.
D. [§16] Jurisdictional Problems Involving Departments.
III. TERRITORIAL JURISDICTION OF STATE
A. General Principles.
1. [§17] Legislative and Judicial Jurisdiction.
2. [§18] Crime Committed Partly Within State.
3. [§19] Crime Committed Wholly Outside State.
B. Application.
1. [§20] Committing Crime in State Through Agent.
2. [§21] Committing Crime in State Through Internet.
3. [§22] Consummating Crime Outside State.
4. [§23] Theft.
5. [§24] Conspiracy.
6. [§25] Miscellaneous Offenses.
C. Jurisdiction of Person.
1. [§26] Illegal Apprehension Is Immaterial.
2. [§27] Remedies of Defendant.
IV. EXTRADITION AND RENDITION
A. [§28] International Extradition.
CHAPTER OUTLINES
B. Nature of Interstate Extradition (Rendition).
1. [§29] Federal Constitution and Statutes.
2. [§30] Uniform Act and State Statutes.
C. Conditions for Interstate Extradition.
1. Departure From Demanding State.

(a) [§31] Fugitive From Justice Rule.
(b) [§32] Rule Under Uniform Act.
2. [§33] Criminal Act Outside Demanding State.
3. [§34] Crimes Committed in Two States.
4. [§35] Right Is Not Lost by Delay.
5. [§36] Prosecution for Any Offense.
D. Procedure in Interstate Extradition.
1. [§37] Demand and Investigation.
2. [§38] Governor’s Warrant of Arrest.
3. [§39] Mandamus To Compel Governor To Act.
4. [§40] Arrest Before Demand.
5. [§41] Waiver of Extradition.
6. [§42] Extradition to California.
E. Habeas Corpus To Test Legality of Extradition.
2. [§44] Innocence of Accused Is Immaterial.
3. [§45] Other Untenable Grounds.
V. VENUE: COUNTY OR DISTRICT WITHIN STATE
A. In General.
1. [§46] Jurisdiction of State and Court Distinguished.
2. [§47] Statutory Jurisdictional Venue.
3. [§48] Relationship to Vicinage.
B. Determination of Proper Venue.
1. [§49] General Rule: Where Offense Is Committed.
2. Rules Applicable in Particular Circumstances.

(a) Crime Committed in Two Counties.
(1) [§50] Statutory Rule.
(2) [§51] County of Commencement.
(3) [§52] County of Consummation.
(b) [§53] Crime Committed Near Boundary Line.
(c) [§54] Crime Committed in Multiple-County Park.
(d) [§55] Crime Committed on Carrier.
3. Rules Applicable to Particular Crimes.

(a) [§56] Kidnaping and Related Crimes.
(b) [§57] Homicide.
(c) [§58] Burglary, Robbery, and Theft.
(d) [§59] Unauthorized Use of Personal Identifying
Information.
(d-1) [§59A] (New) Unauthorized Distribution of Intimate
Image.
(e) [§60] Multiple Violations of Sex Offenses.
(f) [§61] Bigamy and Incest.
(g) [§62] Conspiracy.
(h) [§63] Other Offenses.
4. [§64] Accessory and Absent Principal.
CHAPTER OUTLINES
C. Proof of Venue.
1. [§65] Question of Law.
2. [§66] Burden Is on Prosecution.
3. [§67] Preponderance of Evidence.
4. [§68] Inference From Identifying Facts and Judicial Notice.
D. [§69] Procedure for Challenging Venue in Felony Proceeding.
E. [§70] Guilty Plea in Another County.
F. Change of Venue.
1. [§71] Statutory Grounds.
2. Procedure.
(b) [§73] Renewal of Motion.
(c) [§74] Orders.
3. [§75] Effect of Failure To Make Motion.
4. Discretion of Trial Judge.

(b) Factors To Be Considered.
(2) [§78] Political Factors.
5. Review of Order.
(a) [§79] Scope of Review.
(b) [§80] Review Sought by Defendant.
(c) [§81] Review Sought by Prosecution.
(d) [§82] Review by United States Supreme Court.
6. Illustrations: Denial Upheld.

(a) [§83] Early Cases.
(b) Later Cases.

(1) [§84] Failure To Show That Relief Was
Necessary.
(2) [§85] Failure To Exhaust Peremptory Challenges.
7. Illustrations: Denial Reversed.

(a) [§86] Early Cases.
(b) Later Cases: Principal Factors Considered.
(1) [§87] Nature and Gravity of Offense.
(2) [§88] Extent of Publicity.
(3) [§89] Size of Community.
(4) [§90] Status of Accused.
(5) [§91] Prominence of Victim.
CHAPTER XII
PRETRIAL PROCEEDINGS
I. ARREST
A. In General.
1. [§1] What Constitutes Arrest.
2. [§2] Distinction: Temporary Detention.
3. Who May Arrest.

(a) Peace Officers.
(2) Local Law Enforcement Agency Personnel.
(aa) [§4] Classifications.
(bb) [§5] Scope of Authority.
(3) [§6] State Law Enforcement Agency Personnel.
(4) [§7] Other Peace Officers.
(b) Public Officers.
(1) [§8] Local and State Officers.
(2) [§9] Federal Officers.
(c) [§10] Private Persons.
4. [§11] Immunity From Arrest.
5. Effects of Unlawful Arrest.

(a) [§12] Privilege of Arresting Officer.
(b) No Right To Resist.
(2) [§14] Crimes Committed by Person Resisting
Arrest.
(c) [§15] Remedies of Arrested Person.
B. Arrest by Officer With Warrant.
1. Complaint.
(b) [§17] Factual Averments Are Required.
2. [§18] Issuance and Service of Warrant.
3. Content and Form of Warrant.

(a) [§19] Statutory Requirements and Forms.
(b) [§20] Failure To Identify Defendant.
4. [§21] Warrant of Probable Cause for Arrest.
5. [§22] Summons.
6. [§23] Other Process Distinguished.
C. Arrest by Officer Without Warrant.
1. Arrest for Felony.

(a) [§24] Felony Committed.
(b) Probable (Reasonable) Cause.
(1) [§25] Nature of Concept.
(2) [§26] Determining Probable Cause.
(3) [§27] Illustrations: Probable Cause Shown.
(4) [§28] Arrest Within Home.
2. Arrest for Misdemeanor.

(a) Committed in Presence.
(1) [§29] Reasonable Belief.
(2) [§30] Presence Apparent to Senses.
(3) [§31] Intoxication and Motor Vehicles.
(b) Exceptions.
(1) [§32] Domestic Violence.
(2) [§33] Other Exceptions.
(c) [§34] Arrest by Public Officer or Employee.
CHAPTER OUTLINES
3. [§35] Arrest of Probationer or Parolee.
D. Mechanics of Arrest.
1. In General.
(a) [§36] Notice of Intention, Authority, and Offense.
(b) [§37] Display of Warrant.
(c) [§38] Arrest in Day or Night.
2. Use of Force.
(a) [§39] Against Arrested Person.
(b) [§40] Breaking Into Premises.
3. [§41] Summoning Assistance.
4. [§42] Search Incident to Arrest.
E. Citizen’s Arrest.
1. [§43] Grounds.
2. [§44] Mechanics of Arrest.
F. Arrests for Vehicle Offenses.
2. [§46] Without Warrant.
3. [§47] Speed Traps.
4. Taking Person Before Magistrate.

(a) [§48] Mandatory Requirements.
(b) [§49] Arresting Officer’s Discretion.
(c) [§50] Procedure Before Magistrate.
5. Release on Promise To Appear.

(a) [§51] Citation, Promise, and Release.
(b) [§52] Appearance, Bail Forfeiture, or Trial.
(c) [§53] Failure To Appear.
6. [§54] Promise To Correct Violation.
7. [§55] Notice of Violation in Traffic Accident.
G. Citations for Misdemeanors and Infractions.
2. [§57] Release on Promise To Appear.
3. [§58] Filing and Bail.
4. [§59] Warrant and Complaint.
5. [§60] Juvenile Offenses.
6. [§61] Reasons for Nonrelease.
H. Steps After Arrest.
1. In General.
(a) [§62] Booking, Fingerprinting, and Photographing.
(b) [§63] Tests for Intoxication or Addiction.
(c) [§64] Notification Concerning Particular Offenses.
2. Rights of Arrested Person.

(b) [§66] Telephone Calls.
(c) [§67] Visit by Attorney.
(d) Taking Person Before Magistrate.
(1) [§68] Nature and Purpose of Requirement.
(2) Promptness: Within 48 Hours.
(bb) [§70] Scope of Requirement.
(cc) [§71] Distinction: Detention of Juveniles.
(3) [§72] Arrest in Another County.
(4) [§73] Complaint in Another County.
CHAPTER OUTLINES
(5) Effect of Delay.

(aa) [§74] Liability of Officer.
(bb) [§75] Nonreversible Error.
(cc) [§76] Reversible Error.
(dd) [§77] Suppression of Statements Made by
Defendant.
(e) Blood Test for Intoxication.
(1) [§78] Right of Arrested Person.
(2) [§79] Necessity of Proper Request.
(f) [§80] No Constitutional Right to DNA Testing To
Confirm Probable Cause.
3. [§81] Release Without Criminal Charge.
4. Retention, Sealing, and Destruction of Arrest Records.

(a) [§82] No Constitutional Right to Destruction of
Records.
(b) [§83] Maintenance and Dissemination of Accurate
Records.
(c) Sealing and Destruction of Records of Adults.
(2) [§85] Determining Factual Innocence.
(3) (New) Where Arrest Does Not Result in
Conviction.
(aa) [§85A] (New) In General.
(bb) [§85B] (New) Requirements for Petition.
(cc) [§85C] (New) Basis for Granting Petition.
(dd) [§85D] (New) Hearing, Report, and Order.
(ee) [§85E] (New) Limitations on Sealing Order.
(d) [§86] Sealing of Records of Minors.
II. BAIL
A. In General.
1. [§87] Nature of Bail.
2. [§88] Purpose of Bail.
3. [§89] Constitutional and Statutory Framework.
B. Right to Bail Before Conviction.
1. [§90] Bail as Matter of Right.
2. Capital Crimes.
(a) [§91] No Right to Bail.
(b) [§92] What Constitutes Capital Crime.
3. [§93] Public Safety Exception.
C. Procedure.
1. Admission to Bail.
(a) [§94] On Arrest.
(b) [§95] After Being Held To Answer.
(c) [§96] After Indictment.
2. Fixing Amount.
(a) [§97] General Limitations.
(b) Constitutional and Statutory Criteria.
(3) [§100] Nonmonetary Conditions.
(c) [§101] When Hearing Is Required.
(d) [§102] Increase of Bail.
(e) [§103] Excessive Bail and Reduction.
3. Permissible Types of Bail.

(a) [§104] Undertaking.
CHAPTER OUTLINES
(b) [§105] Deposit of Cash, Check, or Money Order.

(c) [§106] Deposit of Government Bonds.
(d) [§107] Equity in Real Property.
4. Exoneration of Bail.
(b) [§109] Termination in Defendant’s Favor.
(c) [§110] Judgment of Conviction and Commitment to
Custody.
(d) [§111] Judgment of Conviction and Probation.
(e) [§112] Surrender.
(f) [§113] Arrest.
(g) [§114] Recommitment To Custody.
(h) [§115] Other Situations.
D. Effect of Defendant’s Failure To Appear.
1. [§116] Criminal Sanctions.
2. Forfeiture of Bail.
(a) Grounds.
(2) [§118] Declaration of Forfeiture in Open Court.
(3) [§119] Failure To File Complaint Within 15
Days.
(b) [§120] Defenses.
(c) Timely Declaration and Continuance.
(1) [§121] Former Law and Revision.
(d) Notice of Forfeiture.
(2) [§124] Where Original Forfeiture Is Vacated.
(3) [§125] Appeal Bond.
(e) Summary Judgment Against Sureties.

(1) [§126] Entry of Judgment.
(2) [§127] Failure To Enter or Enforce Judgment.
3. Relief From Forfeiture.

(a) Appearance and Surrender of Defendant.
(2) [§129] Surrender in Another County.
(3) [§130] Extension of 180-Day Period.
(b) Nonappearance Excused.
(1) [§131] Disability and Detention.
(2) [§132] Election Not To Extradite.
(3) [§132A] (New) Relief under C.C.P. 473.
(c) [§133] Assessment of Costs.
E. [§134] Recommitment of Defendant.
F. Release on Own Recognizance.
2. [§136] Hearing.
3. [§137] Defendant’s Agreement.
4. [§138] Permissible Conditions.
5. [§139] Failure To Appear.
IIA. (NEW) PRETRIAL RELEASE OR DETENTION
A. [§139A] (New) In General.
B. [§139B] (New) Definitions.
C. (New) Pretrial Assessment Services.
1. [§139C] (New) In General.
2. [§139D] (New) Investigation and Report.
CHAPTER OUTLINES
D. (New) Prearraignment Release or Detention.
1. [§139E] (New) Book and Release.
2. (New) Release or Detention by Pretrial Assessment Services.

(a) [§139F] (New) In General.
(b) [§139G] (New) Low Risk Persons.
(c) [§139H] (New) Medium Risk Persons.
(d) [§139-I] (New) High Risk and Other Persons Not
Eligible for Release by Pretrial
Assessment Services.
(e) [§139J] (New) Time Period for Release.
(f) [§139K] (New) Release Agreement.
3. (New) Release or Detention by Court.

(a) [§139L] (New) In General.
(b) [§139M] (New) Conditions for Release.
(c) [§139N] (New) Release Agreement.
(d) [§139-O] (New) When Court May Decline To
Release.
4. [§139P] (New) Modification.
E. (New) Release or Detention Determination at Arraignment.
1. [§139Q] (New) Duty of Court To Release.
2. (New) Motion for Preventive Detention.

(a) [§139R] (New) Basis for Motion.
(b) [§139S] (New) Determination Pending Hearing.
3. (New) Preventive Detention Hearing.

(a) [§139T] (New) In General.
(b) (New) Determinations at Hearing.
(1) [§139U] (New) Probable Cause.
(2) [§139V] (New) Detention.
(3) [§139W] (New) Release.
(4) [§139X] (New) Basis for Determination.

(c) [§139Y] (New) Motion To Reopen or for New
Hearing.
(d) [§139Z] (New) Arrest Warrant for Violation of
Condition of Release.
F. [§139AA] (New) Judicial Council Responsibilities.
III. PRELIMINARY EXAMINATION
A. In General.
2. [§141] Guilt or Innocence Is Not Determined.
3. [§142] Where Examination Is Not Required.
4. Waiver of Right to Examination.

(a) [§143] Without Plea of Guilty.
(b) [§144] By Plea of Guilty or Nolo Contendere.
B. Right to Counsel.
1. [§145] Opportunity To Obtain Chosen Counsel.
2. [§146] Right to Appointment of Counsel.
3. [§147] Mandatory Representation in Capital Case.
4. [§148] Where Waiver of Counsel Is Authorized.
5. [§149] Ineffective Waiver.
6. [§150] Self-Representation.
C. Time for Hearing.
2. [§152] Statutory Time Limits.
CHAPTER OUTLINES
3. Effect of Delay Beyond Limit.

(a) [§153] Dismissal.
(b) [§154] Release on Own Recognizance.
4. [§155] Continuance as to Fewer Than All Defendants.
5. [§156] Review of Delay Beyond Limit.
6. Postponement.
(b) [§158] Brief Interruptions.
D. Attendance at Hearing.
1. [§159] Presence of Defendant.
2. [§160] Exclusion and Separation of Witnesses.
3. Exclusion of Unauthorized Persons.

(a) [§161] At Defendant’s Request.
(b) [§162] On Prosecutor’s Motion.
(c) [§163] Admission of Victim’s Family.
4. Attendant To Support Prosecuting Witness.

(b) [§165] Statute Is Constitutional.
5. [§165A] (New) Therapy or Facility Dog.
E. Evidence.
2. Admissibility of Hearsay.
(a) [§167] When Permitted.
(b) [§168] Double Hearsay Is Prohibited.
3. [§169] Evidence for Defense.
F. Determination.
1. [§170] Sufficiency of Showing.
2. Holding Defendant To Answer.

(b) [§172] Transcript.
3. [§173] Reducing Charge to Misdemeanor.
4. Dismissal and Discharge.

(a) [§174] Order of Discharge.
(b) Motion To Reinstate Complaint.
(2) [§176] Scope of Statute.
IV. ACCUSATORY PLEADING
A. [§177] Nature and Types.
B. Indictment by Grand Jury.
1. [§178] Convening of Grand Jury.
2. Secrecy of Proceedings.
(a) [§179] General Policy.
(b) [§180] Exclusion of Unauthorized Persons.
(c) [§181] Effect of Presence of Unauthorized Persons.
(d) Disclosures.
(1) [§182] Prohibitions and Exceptions.
(2) [§183] Power of Court To Order Disclosure.
(e) [§184] Public Sessions on Official Misconduct.
3. [§185] Witnesses.
4. [§186] Subpena Duces Tecum.
CHAPTER OUTLINES
5. Evidence.
(a) [§187] Competency.
(b) [§188] Sufficiency.
(c) Exculpatory Evidence.
(2) [§190] Case Law Requirements.
(3) [§191] Statutory Requirements.
(4) [§192] Scope of Evidence.
6. Indictment and Subsequent Proceedings.

(a) [§193] Nature and Form.
(b) [§194] Presentment and Warrant.
(c) Transcript.
(1) [§195] Entitlement to Transcript.
(2) [§196] Preparation and Delivery.
(3) [§197] Sealing of Transcript.
(d) [§198] No Postindictment Preliminary Hearing.
C. Information by District Attorney.
1. [§199] Nature and Requisites.
3. Offense Named or Related Offenses.

(a) [§201] Statutory Rule.
(b) [§202] Related Offenses.
(c) [§203] Illustrations of Proper Charges.
(d) [§204] Improper Charge of Unrelated Offense.
(e) [§205] Renewal of Charges Dismissed by Magistrate.
D. Form and Content.
1. [§206] Formal Parts.
2. [§207] Requisites of Due Process.
3. Liberal Rules.
(a) [§208] Simplified Pleading.
(b) Allegations in Statutory Language.
(1) [§209] Statutory Language Sufficient.
(2) [§210] Statutory Language Not Sufficient.
(c) [§211] Any Words Giving Notice.
(d) [§212] Designation of Statute by Number.
4. Illustrations of Simplified Pleading.

(a) [§213] Theft.
(b) [§214] Murder and Manslaughter.
(c) [§215] Felonious Assault.
(d) [§216] Robbery and Kidnaping for Robbery.
(e) [§217] Conspiracy.
(f) [§218] Other Offenses.
5. Nonprejudicial Defects.
(a) [§219] Doctrine of Nonprejudicial Error.
(b) [§220] Clerical Error or Surplusage.
(c) [§221] Immaterial Variance.
(d) Time of Offense.
(1) [§222] General Rule.
(2) [§223] Separate Incidents Involved.
(e) [§224] Victim.
(f) [§225] Place.
(g) [§226] Property.
6. Matters Unnecessary To Plead.

(b) [§228] Manner or Means of Committing Offense.
(c) [§229] Intent and Knowledge.
(d) [§230] Degree of Crime.
(e) [§231] Aiding and Abetting.
CHAPTER OUTLINES
7. Statutory Exceptions.
(b) [§233] Where Exception Is Element of Crime.
8. [§234] Timely Prosecution or Excuse.
9. [§235] Prior Conviction.
10. [§236] Serious Felony.
E. Joinder of Offenses in Separate Counts.
2. [§238] Crimes Connected.
3. [§239] Same Offense Differently Stated.
4. [§240] Same Class.
5. [§241] Multiple Bases for Joinder.
F. Amendment of Accusatory Pleading.
1. [§242] Authority To Amend.
2. Procedure.
(b) [§244] Rearraignment and Plea.
(c) [§245] Continuance.
3. [§246] Improper Amendments.
4. Permissible Amendments.
(b) [§248] Different or Additional Offenses.
(c) [§249] Minor Defects.
5. [§250] Aggravating Facts for Sentencing Purposes.
G. [§251] Complaint in Misdemeanor and Infraction Cases.
V. ARRAIGNMENT
A. In General.
1. [§252] Nature of Proceeding.
2. [§253] Time and Place.
3. [§254] Presence of Defendant.
B. Right to Counsel.
2. [§256] Sufficiency of Advice About Right.
C. Proceedings on Arraignment.
2. [§258] Determining Probable Cause in Misdemeanor Case.
VI. ATTACK ON DEFECTIVE INDICTMENT OR INFORMATION
A. Motion To Set Aside.
1. [§259] Nature of Motion.
2. [§260] Indictment: Procedural Defects.
3. Information: Defendant Not Legally Committed.

(c) [§263] Rulings on Evidence.
4. Indictment or Information: Lack of Evidence.

(a) [§264] No Reasonable Cause.
(c) [§266] Distinctions.
5. Indictment or Information: Nonstatutory Grounds.

(a) [§267] Grant of Immunity.
CHAPTER OUTLINES
(b) [§268] Discriminatory Prosecution.

(c) [§269] Statute of Limitations.
(d) [§270] Other Grounds.
6. Procedure.
(b) [§272] Information: Correction of Minor or Technical
Errors.
7. [§273] Waiver by Failure To Move.
B. Writ of Prohibition.
2. Lack of Evidence.
(a) [§275] Nature of Ground.
(c) [§277] Illustrations: Prohibition Granted.
(d) [§278] Illustrations: Prohibition Denied.
C. Demurrer.
1. [§279] Nature of Pleading.
2. Grounds.
(a) [§280] Fundamental Defects.
(b) [§281] Uncertainty.
(c) [§282] Misjoinder.
3. [§283] Form and Procedure.
4. [§284] Waiver by Failure To Demur.
VII. PLEA
A. Statutory Pleas.
2. [§286] Not Guilty.
3. Former Judgment or Jeopardy.

(a) [§287] Necessity of Special Plea.
(b) [§288] Form of Plea.
4. Not Guilty by Reason of Insanity.

(a) [§289] Necessity of Special Plea.
(b) [§290] Single or Double Plea.
5. [§291] Guilty.
6. [§292] Nolo Contendere.
B. Procedure in Entering Plea.
1. [§293] Time and Form.
2. [§294] Plea by Defendant or Counsel.
3. Necessity of Counsel.
(a) [§295] Death or Life Imprisonment Without Parole.
(b) [§296] Other Felony.
4. [§297] Refusal or Failure To Enter Plea.
5. Vehicle Offenses.
(a) [§298] Plea on Request.
(b) [§299] Consolidated Pleas.
(c) [§300] Plea Options for Infractions.
C. Requirements for Valid Plea.
1. Felony Cases (Boykin-Tahl Requirements).

(a) [§301] Federal Rule: Intelligent and Voluntary Waiver
of Rights.
(b) [§302] California Rule: Express Advice and Waiver of
Rights.
(c) [§303] Nature and Scope of Requirements.
(d) [§304] Illustrations.
CHAPTER OUTLINES
2. Misdemeanor Cases.
(a) [§305] Advice on Nature of Charge.
3. [§307] Infraction Cases.
4. Required Admonitions.
(a) [§308] Advice on Nature of Charge.
(b) Advice on Prior Convictions.
(2) [§310] Where Rule Does Not Apply.
(3) [§311] Totality of Circumstances.
(4) [§312] Words Used.
(c) Advice on Consequences of Plea.
(1) [§313] Direct Consequences.
(2) [§314] Collateral Consequences.
(3) [§315] Plea of Not Guilty by Reason of Insanity.
(4) [§316] Sentencing.
(d) Advice on Deportation or Denial of Naturalization.
(1) [§317] Statutory Requirement.
(2) [§318] Time of Advisement.
(3) [§319] Remedy for Failure To Advise.
D. Change of Plea.
1. [§320] Addition of Insanity Plea.
2. [§321] Withdrawal of Insanity Plea.
3. Withdrawal of Not Guilty Plea.

(b) [§323] Discretion of Court.
4. Withdrawal of Guilty Plea.

(a) Motion.
(2) [§325] Before Judgment.

(b) [§326] Showing Required.
(c) [§327] Discretion To Grant or Deny.
(d) [§328] Abuse of Discretion.
(e) Reliance on Official Promises as Basis.
(2) [§330] Mistaken Expectation Without
Inducement.
(f) Ineffective Representation as Basis.
(2) [§332] Advice Against Accepting Plea Bargain.
(3) [§333] Misjudgment or Failure To Anticipate
Change in Law.
(4) [§334] Conflict of Interest.
(g) [§335] Effect of Delay or Prior Denial.
(h) [§336] Effect of Granting Motion.
(i) [§337] No Reconsideration Where Motion Is Granted.
(j) [§338] Review of Denial.
VIII. PLEA BARGAINING
A. In General.
1. [§339] Nature of Plea Bargaining.
2. Judicial and Statutory Recognition.

(a) [§340] Judicial Approval of Practice.
(b) [§341] Statutory Approval of Conditional Plea.
(c) [§342] Constitutional Validity.
3. [§343] Right to Effective Assistance of Counsel.
4. [§344] Participation by Judge.
5. Consent of Prosecutor.
CHAPTER OUTLINES
(b) [§346] Separation of Powers Doctrine.
B. Limitations.
2. [§348] Scope and Effect.
3. [§349] Mentally Disordered Offender.
C. Types of Plea Bargains.
1. [§350] Plea to Lesser Offense.
2. [§351] Plea to Related Lesser Offense.
3. Plea Specifying Degree.

(b) [§353] Withdrawal.
4. Plea Specifying Punishment.

(b) [§355] Factual Basis for Plea.
(c) Right To Withdraw Plea When Court Withdraws
Approval.
(2) [§357] Where Defendant Fails To Appear.
5. [§358] Package-Deal Plea Bargain.
6. [§359] Plea Coupled With Claim of Innocence.
7. [§360] Restitution on Dismissed Charge.
D. Record of Agreement.
2. [§362] Knowledge of Rights.
E. Proper Judge.
1. [§363] Original Judge To Impose Sentence.
2. [§364] Where Original Judge Is Not Available.
3. [§365] Specific Performance Issue on Remand.
F. Refusal To Accept Bargain.
2. [§367] Prosecutorial Vindictiveness.
G. Relief From Bargain.
1. [§368] Change in Maximum Penalty.
2. [§369] Decriminalization of Conduct.
3. [§370] Impossibility of Performance.
4. [§371] Revival of Charges.
5. [§372] Modification of Probationary Jail Term.
6. [§373] Misadvisement.
7. [§374] Impermissible Conditions.
8. [§374A] (New) Offense Mistakenly Charged and Pleaded as

Felony.
9. [§374B] (New) Following Deferred Entry of Judgment.
10. [§374C] (New) Mistake of Fact.
11. [§374D] (New) Recalled Sentence.
H. Court’s Power To Set Aside Guilty or Nolo Contendere Plea.
1. [§375] Plea Properly Set Aside.
2. [§376] Plea Improperly Set Aside.
I. Nonperformance of Bargain.
1. By Prosecutor or Judge.
(a) [§377] Vacation of Judgment and Withdrawal of Plea.
(b) [§378] Modification of Judgment.
CHAPTER OUTLINES
(c) Specific Performance.

(1) [§379] Nature of Remedy.
(2) [§380] Remedy Appropriate.
(3) [§381] Remedy Not Appropriate.
(d) [§382] Withdrawal by Prosecution.
2. By Defendant.
(a) [§383] Before Conviction.
(b) [§384] After Conviction.
IX. DEFERRED ENTRY OF JUDGMENT (DIVERSION) AND

OTHER SPECIAL PROGRAMS
A. Substance Abuse.
2. Eligibility.
(a) [§386] Offenses and Conditions.
(b) [§387] Construction of Statute.
(c) [§388] Other Pending Charges.
(d) [§389] Three Strikes Law.
(e) [§390] Illegal Alien Status.
(f) [§391] No Diversion After Trial.
3. [§392] Statement From Prosecuting Attorney.
4. [§393] Request by Defendant.
5. [§394] Reference to Probation Department.
6. [§395] Hearing and Determination.
7. [§396] No Waiver by Making Pretrial Motion.
8. [§397] Review of Determination.
9. [§398] Defendant’s Satisfactory Performance.
10. [§399] Reinstitution of Criminal Proceedings.
B. [§400] Community Conflict Resolution.
C. [§401] Other Programs.
D. [§402] Fees.
E. Sealing of Records.
1. [§403] (New) Prefiling Diversion.
2. [§404] (New) Other Programs.
3. [§405] (New) Sealing Requirements.
CHAPTER XIII
ILLEGALLY OBTAINED EVIDENCE
I. THE EXCLUSIONARY RULE
B. [§2] Types of Excludable Evidence.
C. Development of Rule.
1. [§3] In Federal Courts.
2. In California Courts.
(a) [§4] Former Rule of Admissibility.
(b) [§5] Current Rule of Exclusion.
3. In All State Courts.

(a) [§6] Mapp Case.
(b) [§7] Subsequent Developments.
(c) [§8] Use of Federal Procedure Is Not Required.
4. [§9] Appraisal of Rule.
D. Good Faith Exception.
2. Reasonable Reliance on Defective Search Warrant.

(b) [§12] Illustrations: Exception Applied.
3. [§13] Search Based on Misinformation.
4. Other Circumstances Where Exception Applies.

(a) [§14] Defective Arrest Warrant.
(b) [§15] Omission of Information Favorable to Search
Warrant.
(c) [§16] Reasonable Reliance on Statute or Ordinance.
(d) [§17] Reasonable Reliance on Binding Appellate
Precedent.
(e) [§18] Misinformation Supplied by Judicial Officer.
(f) [§19] Invalid Search Condition.
(g) [§20] Miscellaneous Circumstances.
5. Circumstances Where Exception Does Not Apply.

(a) [§21] Unreasonable Reliance on Search Warrant.
(b) [§22] Misinformation About Search Condition.
(c) [§23] Mistake of Law.
(d) [§24] Other Circumstances.
E. [§25] Abolition of Independent Grounds Doctrine.
F. Proceedings in Which Rule Applies.
1. [§26] Criminal and Quasi-Criminal Proceedings.
2. [§27] Administrative Proceedings.
3. [§28] Juvenile Court Proceedings.
4. Proceedings Connected With Criminal Prosecution.

(a) [§29] Preliminary Examination Before Magistrate.
(b) [§30] Grand Jury Proceedings.
(c) [§31] Sentencing Proceedings.
(d) [§32] Parole Proceedings.
(e) [§33] Probation Proceedings.
G. Product of Unlawful Search.
1. Fruit of the Poisonous Tree.

(b) [§35] Establishing Causation.
CHAPTER OUTLINES
2. Exceptions.
(a) Independent Source.
(2) [§37] Independent Basis for Warrant.
(b) Attenuation by Intervening Cause.
(c) Inevitable Discovery.
(2) [§41] Evidence Obtained in Investigation of
Unrelated Crime.
II. PROTECTION AGAINST UNREASONABLE SEARCH AND

SEIZURE
A. Nature of Constitutional Guarantee.
1. United States Constitution.

(b) [§43] Commentary.
2. [§44] California Constitution.
3. [§45] Meaning and Scope of Protection.
4. [§45A] (New) Fourth Amendment Protection Act.
B. [§46] Retroactivity of Fourth Amendment Decisions.
C. Who May Challenge Search.
1. [§47] Defendant Who Is Owner or Possessor.
2. Defendant Who Is Neither Owner Nor Possessor.

(a) [§48] Former Federal Rule of Automatic Standing.
(b) [§49] Current Federal Rule Requiring Violation of
Personal Rights.
(c) [§50] Former California Rule of Vicarious Exclusion.
3. [§51] Defendant who Denies Ownership or Possession.
4. Reasonable Expectation of Privacy Analysis.

(b) [§53] Reasonable Expectation of Privacy in Home.
(c) [§54] Reasonable Expectation of Privacy of Guest.
(c-1) [§54A] (New) Reasonable Expectation of Privacy in
Rental Car.
(d) [§55] Trespasser Lacks Reasonable Expectation of
Privacy.
(e) [§56] Illustrations: Reasonable Expectation of Privacy
Was Established.
(f) [§57] Illustrations: Reasonable Expectation of Privacy
Was Not Established.
5. [§58] Proof of Reasonable Expectation of Privacy.
III. CONSENT TO SEARCH
A. Effective Consent by Defendant.
2. [§60] Scope of Search Authorized by Consent.
3. [§61] Effect of Arrest.
4. [§62] Warning Is Not Required.
4A. [§62A] (New) Consent Under Implied Consent Law.
5. Fictional Consent by Parolee.

(a) In General.
(1) [§63] Rule and Policy.
(2) [§64] Parole Under Determinate Sentencing Law.
(3) [§65] Scope of Search.
(4) [§66] Search After Incarceration for Parole
Violation.
(5) [§67] Proof of Parolee Status.
CHAPTER OUTLINES
(b) [§68] Particular Persons Subject to Search.

(c) [§69] Parole Officer’s Use of Assistance.
(d) Search by Law Enforcement Officer.
(2) [§71] Good Faith Exception.
(e) Requirements for Valid Search.
(1) [§72] Search Condition Must Be Known To
Officer.
(2) [§73] Search May Not Be Arbitrary, Capricious,
or Harassing.
(3) [§74] Reasonable Suspicion Is Not Required.
6. Consent as Condition of Probation.

(b) [§76] Scope of Search.
(c) Requirements for Valid Search.
(1) Search Condition Must Be Known To Officer.
(aa) [§77] Search of Adult Probationer.
(bb) [§78] Search of Juvenile Probationer.
(2) [§79] Search May Not Be Arbitrary, Capricious,
or Harassing.
(3) [§80] Reasonable Suspicion Is Not Required.
(4) [§81] Method of Search Must Be Reasonable.
(5) [§82] Search Due to Mistake by Adjunct to Law
Enforcement Is Invalid.
(d) [§83] Search of Jointly Occupied Premises.
(e) [§83A] (New) Search of Cell Phones and Other
Electronic Devices.
7. [§83B] (New) Consent as Condition of Postrelease

Community Supervision.
B. Ineffective Consent by Defendant.
1. [§84] Consent After Illegal Act.
2. [§85] Consent Obtained by Coercion.
3. Consent Induced by Fraud.

(a) [§86] Fraud Rendering Evidence Inadmissible.
(b) [§87] Distinction: Permissible Subterfuge.
(c) [§88] Distinction: Misplaced Confidence in Entrant.
4. [§89] Efforts To Mislead Negate Consent.
5. [§90] Limited Consent.
C. Consent by Others.
1. Effective Consent.
(a) Person With Actual or Apparent Authority.
(2) [§92] Apparent but Not Actual Authority.
(3) [§93] Owner or Head of Household.
(4) [§94] Cotenant.
(b) [§96] Spouse or Lover.
(c) [§97] Minor Child.
2. Ineffective Consent.
(a) [§98] Landlord.
(b) [§99] Cotenant.
(c) [§100] Manager or Clerk.
(d) [§101] Real Estate Agent.
(e) [§102] Owner of Public Premises.
(f) [§103] College or University.
(g) [§104] Absent Spouse.
(h) [§105] Minor Child.
D. Implied Consent.
CHAPTER OUTLINES
2. Abandoned Property.
(b) [§108] Property Discarded During Pursuit.
IV. SEARCH UNDER SEARCH WARRANT
A. [§110] Nature of Search Warrant.
B. Grounds and Limitations.
1. [§111] Statutory Grounds.
2. [§112] Repudiation of “Mere Evidence” Restriction.
3. [§113] Privilege of Newsperson.
4. Privilege of Attorney, Physician, Psychotherapist, or Clergy.

(a) [§114] Purpose and Scope of Legislation.
(b) [§115] Special Master Procedure.
(c) [§116] Claim of Privilege and Hearing.
(d) Rights Where Statute Is Not Applicable.
(2) [§118] Where Attorney Is Suspected of Crime.
5. [§119] Records of Corporations Providing Electronic

Communication or Remote Computing Services.
C. Supporting Affidavit.
1. Constitutional and Statutory Requirements.

(b) [§121] Confidentiality of Information About Victim or
Witness.
2. [§122] Perjury Test for Sufficiency of Oath.
3. [§123] Examination by Magistrate.
4. Sworn Oral Statement in Lieu of Written Affidavit.

(b) [§125] Recorded and Transcribed Statements.
(c) [§126] Telephonic and Electronic Statements.
5. Showing of Probable Cause.

(a) Basic Requirements.
(1) [§127] Federal “Totality of Circumstances” Test.
(2) [§128] Nexus Requirement.
(3) [§129] No Technical Pleading Requirements.
(4) [§130] Rehabilitation of Ambiguous Affidavit by
Evidence of Intended Meaning.
(5) [§131] Good Faith Reliance on Warrant Not
Based on Probable Cause.
(b) [§132] Hearsay.
(c) [§133] Conclusions.
(d) Reliance on Informant.
(1) [§134] Former Test.
(2) [§135] “Totality of Circumstances” Test.
(3) [§136] Citizen Informant.
(4) [§137] Unidentified Informant.
(5) [§138] Accomplice Informant.
(6) [§139] Minor Informant.
(7) [§140] Military Informant.
(8) [§141] Corroboration.
(e) Timeliness of Information.
(1) [§142] Stale Information.
(2) [§143] Anticipatory Warrants.
(f) Challenging Misstatements or Omissions.
(2) Discovery of Information About Informant.
CHAPTER OUTLINES
(bb) [§146] Procedure.

(cc) [§147] Information Obtained in Breach of
Attorney-Client Privilege.
(dd) [§148] Storage of Sealed Search Warrant
Affidavit.
D. Form and Content of Warrant.
1. [§149] General Requirements.
2. [§150] Description of Person.
3. Description of Place.
(b) [§152] Multiple Occupancy Area.
4. Description of Property.
(a) In General.
(1) [§153] Particularity Requirement.
(2) [§154] Sufficient Description.
(3) [§155] Insufficient Description.
(b) [§156] Search Under Dominion and Control Clause.
(c) [§157] Publications.
(d) [§158] Additional Material in Plain Sight.
5. [§159] Signature or Authorization of Magistrate.
6. Cure of Defects.
(a) [§160] By Reference to Affidavit.
(b) [§161] By Severance of Invalid Part.
E. Issuance of Warrant.
2. [§163] Neutral and Qualified Magistrate.
3. [§164] Territorial Limitations.
F. Service of Warrant.
1. Length of Time for Service.

(b) [§166] Revalidation and Reissuance of Warrant.
2. [§167] Officers Executing Warrant.
3. [§168] Presentation of Warrant.
4. Knock-Notice Rule.
(a) [§169] Statutory Rule.
(b) [§170] Scope of Rule.
(c) [§171] Effect of Substantial Compliance.
(d) Excuses for Noncompliance.
(2) [§173] No “Blanket” Exceptions.
(e) [§174] Effect of Violation of Rule.
5. [§175] Use of Motorized Battering Ram.
6. Nighttime Service.
(a) [§176] Policy and Statutory Restrictions.
(b) [§177] Showing of Good Cause.
(c) [§178] Procedure.
G. Search and Seizure.
2. [§180] Use of Assistants.
3. [§181] Search of Nonresident’s Personalty.
4. [§182] Seizure of Obscene Matter.
5. [§182A] (New) Seizure of Firearm or Ammunition.
H. [§183] Receipt, Custody, and Return.
CHAPTER OUTLINES
I. Remedies of Defendant.
1. [§184] Original Statutory and Judicial Remedies.
2. [§185] Motion To Suppress.
3. Restoration of Property Seized.

(b) [§187] Rights of Third-Party Claimant.
V. SEARCH INCIDENT TO LAWFUL ARREST
A. In General.
1. [§188] Right To Search.
2. Scope and Reasonableness of Search.

(a) [§189] Early Decisions.
(b) [§190] Search of Premises.
(c) Search of Person or Effects.
(1) Test Under Federal Law.
(aa) [§191] Authority To Search Based on
Lawful Arrest.
(bb) [§192] Where Arrest Is Improper Under
State Law.
(cc) [§193] Search of Passenger Compartment
of Vehicle.
(dd) [§193A] (New) Body Search for Blood
Alcohol Level.
(2) Test Under California Law.
(aa) [§194] Restricted Rule Applicable Before
Proposition 8.
(bb) [§195] Federal Test Applicable After
Proposition 8.
(3) [§196] Search of Cell Phone.
(4) [§197] Medical Search of Body’s Interior.
(d) [§198] Search Involving First Amendment Freedoms.
3. [§199] Search Preceding Arrest.
4. Search at Booking.
(a) [§200] Nature and Purpose of Search.
(b) [§201] Scope of Search.
(c) [§202] Specific Searches.
5. Search of Impounded Vehicle.

(b) [§204] Inventory Search Under Standard Police
Procedures.
(c) [§205] When Vehicle May Be Impounded.
(d) [§206] Search of Container.
(d-1) [§206A] (New) Seizure of Sensing Diagnostic
Module.
(e) [§207] Continued Search.
B. Effect of Illegal Conduct in Arrest.
1. [§208] Conduct Unrelated to Search.
2. Violation of Knock-Notice Rule.

(a) [§209] Essential Requirement.
(b) [§210] Inner Doors and Rooms.
(c) [§211] Open Door of Dwelling.
(d) [§212] Failure To State Purpose.
3. Excusable Noncompliance With Knock-Notice Rule.

(a) [§213] Attempt To Flee or Destroy Evidence.
(b) [§214] Person Armed and Dangerous.
(c) [§215] Criminal Act in Progress.
(d) [§216] Person in Danger.
(e) [§217] Consent to Entry.
(f) [§218] Requirement of Circumstances Particular to
Entry.
CHAPTER OUTLINES
C. Bases for Valid Arrest and Search.
1. Information From Reliable Informer.

(b) [§220] Accomplice Unaware of Officer’s Identity.
2. Information From Victim or Observer.

3. Information From Other Officers.

(b) [§224] Arrest Warrant Outstanding.
4. Observation by Officers.
5. [§227] Evidence of Different Offense.
6. [§228] Arrest Based on Mistaken Identity.
D. Defects Rendering Arrest and Search Invalid.
1. Information Insufficient.
(a) [§229] Anonymous Informant.
(b) Known Informant of Unproved Reliability.
(1) [§230] Requirement of Corroboration.
(2) [§231] Nature of Corroboration.
(c) [§232] Insufficient Information From Other Officers.
2. Observation Insufficient.
(b) [§234] Drug Possession or Use.
(c) [§235] Refusal of Permission To Enter.
3. [§236] Exploratory Search.
4. Different Time or Place.

(a) [§237] Search Too Late.
(b) [§238] Search at Different Place.
VI. SEARCH WITHOUT SEARCH WARRANT OR LAWFUL

ARREST
A. In General.
1. Reasonable Expectation of Privacy.

(a) [§239] Development of Doctrine.
(b) [§240] Nature of Doctrine.
(c) [§241] Hierarchy of Protected Places.
(d) [§242] Unprotected Places.
(e) [§243] Telephone and Similar Records.
(f) [§244] Financial and Other Records.
(g) [§245] Short-Term Guests.
(h) [§246] Open Fields.
2. [§247] Search Without Arrest.
3. [§248] Search After Unlawful Arrest.
4. Warrantless Arrest Inside Home.

(a) [§249] Unreasonable Per Se.
(b) [§250] Search Under Warrant in Home of Third
Person.
(c) Exigent Circumstances Justifying Arrest and Search.
(2) [§252] Seriousness of Offense.
5. [§253] Warrantless Arrest Inside Office.
6. [§254] Search Under Military Authority.
7. [§254A] (New) Search Involving Minimal Intrusion.
CHAPTER OUTLINES
B. Search of Premises.
1. Private Areas of Public Premises.

(a) [§255] Public Restroom.
(b) [§256] Booth in Adult Bookstore.
(c) [§257] Fitting Room of Store.
2. Private Premises.
(b) [§259] Use of Thermal Imaging Device.
(c) [§260] Looking Through Window or Other Opening.
(d) [§261] Yard and Detached Structures.
3. [§262] Trash Containers Outside Curtilage.
4. [§263] Common Hallways.
5. [§264] Securing Premises Pending Issuance of Warrant.
6. [§265] Seizing Property Pending Issuance of Warrant.
C. Search of Vehicle.
1. Requirement of Probable Cause.

(b) [§267] Carroll Doctrine.
(c) [§268] Vehicle as Contraband.
(d) Officer’s Motives Are Irrelevant.
(2) [§270] “Reasonable Officer” Test Rejected.
(e) Suspicious Circumstances or Conduct.
(f) [§273] Furtive Movements.
(g) [§274] Unoccupied Vehicle.
2. Scope of Search.
(a) Interior of Vehicle.
(2) [§276] Search of Passenger’s Possessions.
(3) [§277] Search for Identification.
(b) [§278] Trunk or Other Compartment.
3. [§279] Motor Home.
4. [§280] Bicycle.
5. [§281] Miscellaneous Invalid Searches.
D. Search of Closed Container.
2. Warrantless Search Invalid.

(a) [§283] Chadwick Case.
(b) [§284] Sanders Case.
(c) [§285] Dalton Case.
(d) [§286] Robbins Case.
(d-1) [§286A] (New) Robey Case.
(e) [§287] Illustrations.
3. Warrantless Search Valid.

(a) [§288] Ross Case.
(b) [§289] Acevedo Case.
4. [§291] Subsequent Search Where Valid Prior Search Reveals

Contraband.
E. Search Incident to Detention.
1. Stop and Frisk.

(a) The Stop.
CHAPTER OUTLINES
(2) [§293] Stop and Identify Statutes.

(3) [§294] Test of Valid Investigative Stop.
(4) [§295] Conduct Consistent With Innocent
Activity.
(5) [§296] Suspicion Based on Race.
(6) [§297] Suspicion Based on Flight.
(7) Stop Based on Traffic Violation.
(bb) [§299] Illustrations: Detention Was
Reasonable.
(cc) [§300] Illustrations: Detention Was
Unreasonable.
(8) [§301] Stop Based on Mistake of Law.
(9) [§302] Illustrations: Detention Was Reasonable.
(10) [§303] Illustrations: Detention Was Not
Reasonable.
(b) Permissible Conduct After Valid Stop.
(1) [§304] Order To Driver.
(2) [§305] Order To Passenger.
(c) The Frisk.
(1) Weapons Search for Protection of Officer.
(bb) [§307] Decisions Before Proposition 8.
(cc) [§308] Frisk of Passenger After Valid
Traffic Stop.
(dd) [§309] Illustrations: Pat-Down Was Proper.
(ee) [§310] Illustrations: Pat-Down Was Not
Proper.
(2) Permissible Scope of Search.
(bb) [§312] Search of Automobile Incident to
Detention.
(cc) [§313] Search of Automobile Incident to
Citation.
(d) Basis for Stop and Frisk Established by Informant.
(2) Anonymous Informant.
(aa) [§315] Totality of the Circumstances Test.
(bb) [§316] Reliability as to Illegality.
(cc) [§317] Tip Alleging Reckless or Erratic
Driving.
(dd) [§318] Tip Relating To Firearm.
2. Other Detentions.
(a) Detention During Search Under Warrant.
(2) [§320] Use of Handcuffs.
(b) [§321] Detention Involving Completed Felony.
(c) [§322] Detention Related to Weapons Offense.
(d) [§323] Detention During Search Under Search
Condition.
(e) [§324] Detention of Student on School Grounds.
3. What Constitutes Detention.

(b) [§326] Federal Standard.
(c) [§327] Knock and Talk Procedure.
(d) [§328] Distinction: De Facto Arrest.
(e) [§329] Traffic Stop of Passenger.
4. What Does Not Constitute Detention.

(a) [§330] Federal Factory Survey.
(b) [§331] Consensual Search on Public Conveyance.
(c) [§332] Other Actions.
5. Extended Duration.
(a) [§333] Reasonableness of Further Detention.
CHAPTER OUTLINES
(b) [§334] Transport to Crime Scene.

(c) [§335] Transport to Police Station.
(d) [§336] Detention for Warrant Check.
F. Search Under Exigent Circumstances.
1. Exigent Circumstances Present.

(a) [§337] Search of Injured Person.
(b) Search To Prevent Destruction of Evidence.
(2) [§339] Taking Blood From Unconscious Person.
(2a) [§339A] (New) Taking Blood From Intoxicated
Driver.
(3) [§340] Search of Crime Scene.
(4) [§341] Search for Swallowed Narcotics.
(c) [§342] Fresh Pursuit of Dangerous Suspect.
(d) [§343] Search for Dangerous Weapon.
(e) [§344] Search for Additional Suspects.
(f) Protection of Life or Property.
(2) [§346] Protective Sweeps.
(3) [§347] Search of Residence Short of Entry.
2. Exigent Circumstances Not Present.

(b) [§349] Search of Premises Where Occupant Is
Probably Absent.
3. Distinction: Officers Performing Community Caretaker

Function.
(b) [§351] Vehicle Stop.
G. Observation Without Search.
1. Plain Sight Rule.

(c) [§354] Probable Cause Is Required.
(d) [§355] Inadvertence Is Not Required.
2. [§356] Sounds.
3. [§357] Odor of Narcotics.
4. [§358] Dog Sniff of Luggage.
5. [§359] Dog Sniff of Vehicle.
6. Aerial Surveillance.
(a) [§360] Flight Over Open Field or Other Area in Plain
Sight.
(b) [§361] Flight Over Curtilage.
(c) [§362] Helicopter Flight Below Navigable Airspace.
7. [§363] Use of Binoculars.
VII. SPECIAL NEEDS SEARCH
B. Governmental Interest in Regulated Business.
2. Inspection by Health, Fire, or Safety Officers.

(a) Warrant Is Required for General Regulatory Inspection.
(1) [§366] Private Premises.
(2) [§367] Business Premises.
(3) [§368] OSHA Inspections.
(4) [§369] Inspection of Cause of Fire.
(5) [§370] Hazardous Waste Inspections.
CHAPTER OUTLINES
(b) Warrant Is Not Required for Inspection of Specified

Businesses.
(2) [§372] Theory and Test.
(c) Inspection Warrant.
(3) [§375] Inspection.
C. [§376] Inspection or Search by Game Warden.
D. Border or Checkpoint Searches.
1. Valid Searches.
(a) [§377] Border Search Without Probable Cause.
(b) [§378] Quarantine Station.
(c) [§379] Boarding Vessel.
(d) [§380] Fish and Game Checkpoint.
(e) [§381] Routine Licenses and Registration Checkpoint.
2. Invalid Searches.
(a) [§382] Checkpoint To Detect Ordinary Criminal
Activity.
(b) [§383] Other Invalid Searches.
3. Sobriety Checkpoints.
(b) [§385] Advance Publicity.
4. [§386] Informational Checkpoints.
E. Airport Searches.
1. [§387] Routine Inspection.
2. [§388] Luggage Poofing.
3. [§389] Election Not To Board Airplane.
F. School Searches.
1. [§390] Search by School Officials.
2. [§391] Search by, or Based on Information From, Others.
3. [§392] Search Under Established School Policy.
4. [§393] Search for Identification.
5. [§394] Search of Underwear or Body.
G. [§395] Search of Prison Visitors.
H. [§396] Search of Government Employees.
I. Investigation of Welfare Fraud.
1. [§397] Improper Mass Search.
2. [§398] Valid Home Visit by Caseworker.
J. Substance Abuse Testing.
1. [§399] Train Crews.
2. [§400] Customs Employees in Sensitive Positions.
3. [§401] Applicants for Government Employment or

Promotion.
4. Public School Children.

(a) [§402] Random Testing of Student Athletes.
(b) [§403] Testing of Students Participating in
Extracurricular Activities.
5. [§404] College Athletes.
6. [§405] Candidates for Public Office.
7. [§406] Obstetric Patients in State Hospital.
K. [§407] DNA Profiling of Convicted Criminals.
L. [§407A] (New) DNA Profiling of Suspects and Offenders.
CHAPTER OUTLINES
VIII. SEARCH BY PRIVATE PERSON
A. Acting in Private Capacity.
2. [§409] Particular Persons.
B. Acting as Police Agent.
2. [§411] Furnishing Information for Search Warrant.
C. Private Security Personnel.
1. [§412] Exclusionary Rule Under California Constitution.
2. [§413] Effect of Proposition 8.
IX. INTERCEPTION OF COMMUNICATIONS
A. Constitutional Safeguards.
1. [§414] Monitoring Conversations.
2. [§415] Installation and Use of Electronic Tracking Device.
B. Federal Statutes.
1. [§416] Federal Communications Act.
2. Omnibus Crime Control and Safe Streets Act.

3. [§419] Related Legislation.
4. [§420] Application in State Cases.
5. [§421] Commentary.
C. California Invasion of Privacy Act.
1. [§422] Early Development.
2. [§423] Nature and Purpose of Statute.
3. Prohibited Acts of Surveillance.

(b) [§425] Eavesdropping.
4. Exceptions.
(b) [§427] Interception Permitted Under Former or Other
Law.
5. [§428] Distinction: Trapping.
6. [§429] Illegal Disclosure After Legal Interception.
7. (New) Use of Pen Registers and Trap and Trace Devices.

(a) [§429A] (New) In General.
(b) [§429B] (New) Definitions.
D. Authorized Interception of Wire or Electronic

Communications.
2. Authorization Procedure.
(a) [§431] Application for Interception.
(b) Required Findings.
(2) [§433] Necessity Requirement.
(c) [§434] Order.
3. Use of Intercepted Communications.

(b) [§436] Introduction or Suppression at Trial or
Hearing.
D-1. (New) Electronic Communications Privacy Act.
CHAPTER OUTLINES
2. [§436B] (New) Emergency Requiring Prompt Access.
3. [§436C] (New) Powers of Courts and Government Entities.
4. [§436D] (New) Warrant Requirements.
5. [§436E] (New) Notice and Disclosure.
6. [§436F] (New) Motions, Actions, Petitions, and Immunity.
E. Monitoring Statements Made While in Custody.
1. [§437] General Rule: No Reasonable Expectation of Privacy.
2. [§438] Marital Communications.
3. Detainee’s Statutory Privacy Right.

(a) [§439] Former Right.
(b) [§440] Effect of Statutory Amendments.
4. [§441] Monitoring To Protect Witness.
X. MOTION TO RETURN PROPERTY OR SUPPRESS EVIDENCE
A. In General.
1. [§442] Remedies Under Former Practice.
2. [§443] Nature of Statute.
3. [§444] Issues Outside Scope of Statute.
4. [§445] Alternative Remedies of Defendant.
5. [§446] Grounds for Motion.
B. Procedure in Lower Court.
2. Hearing.
(b) [§449] Specificity Requirement and Evidentiary
Burdens.
3. [§450] Combined Motions.
4. Felony Prosecution: Motion at Preliminary Hearing.

(b) Motion Denied.
(1) [§452] Renewed Motion Before Judge.
(2) [§453] One Full Hearing Limitation.
(c) Motion Granted.
(1) [§454] Defendant Not Held To Answer.
(2) [§455] Defendant Held To Answer on All
Charges.
(3) [§456] Defendant Held To Answer on Fewer
Than All Charges.
5. Felony Prosecution: Motion First Made Before Judge.

(b) [§458] Charges Dismissed and Refiled.
6. [§459] Felony Prosecution: Limitations on Subsequent

Proceedings.
7. [§460] Misdemeanor Prosecution.
8. Effect of Granting Motion.

(a) [§461] Evidence Is Inadmissible.
(b) [§462] Return of Property.
(c) [§463] Dismissal and Release From Custody.
9. Renewal or Reconsideration of Motion.

(a) [§464] General Rule: No Renewal.
(b) Exception: Where Initial Hearing Is Not Sufficient.
(2) [§466] Change in Law Following Suppression
Hearing.
(c) [§467] Prosecution’s Motion To Reconsider After
Denial.
CHAPTER OUTLINES
C. Review Sought by Defendant.
1. [§468] Review by Appeal (Misdemeanor).
2. [§469] Review by Writ (Felony).
3. Appeal From Judgment of Conviction.

(a) [§470] After Guilty Plea.
(b) [§471] After Denial of Writ.
(c) Point Must Be Raised Below.
(1) [§472] Statutory Requirement.
(2) [§473] Raising Point by Motion To Dismiss.
(3) [§474] Raising Point by Motion To Reinstate
Complaint.
(4) [§475] Renewal of Motion in Superior Court.
(5) [§476] Ineffective Assistance of Counsel.
(d) [§477] Reversible Error.
D. Review Sought by Prosecution.
1. Review by Appeal.
(b) [§479] Misdemeanor Prosecution: Appeal From Order
Granting Motion.
(c) [§480] Felony or Misdemeanor Prosecution: Appeal
From Order of Dismissal.
(d) [§481] No Appeal From Magistrate’s Ruling at
Preliminary Hearing.
2. [§482] Review by Writ.
3. [§483] Release of Defendant.
CHAPTER XIV
CRIMINAL TRIAL
I. IN GENERAL
A. The Court and the Judge.
1. [§1] Distinction Between Court and Judge.
2. Disqualification of Judge.
(b) Challenge for Cause.
(c) Peremptory Challenge.
(2) [§6] Form and Time of Motion.
(3) [§7] Number of Challenges.
B. Functions and Powers of Trial Judge.
1. General Control Over Proceedings.

(b) [§9] Preserving Order.
(c) [§10] Security Measures.
(d) [§11] Judicial Decorum.
2. Custody and Control of Defendant.

(b) Physical Restraint of Defendant.
(1) [§13] Requirement of Necessity.
(2) Restraint at Trial.
(aa) [§14] Routine Use Is Due Process
Violation.
(bb) [§15] Circumstances Justifying or Not
Justifying Restraints.
(cc) [§16] Self-Represented Defendant.
(dd) [§17] Duty To Instruct Jury.
(3) [§18] Restraint at Nontrial Proceedings.
(4) [§19] Restraint for Reasons Other Than
Courtroom Security.
(5) [§20] Electronic Restraint.
(6) [§21] Use of Gag.
(7) [§21A] (New) Restraint Outside Courtroom.
(c) [§22] Security Personnel in Courtroom.
(d) [§23] Clothing and Appearance of Defendant and
Defense Witnesses.
(e) [§24] Removal of Defendant From Courtroom.
3. Control Over Counsel.

(a) [§25] Punishment for Contempt.
(b) [§26] Imposition of Monetary Sanctions.
(c) [§27] Admonishment of Counsel.
4. Limitation on Power To Consider Defendant’s Criminal

Record.
(a) [§28] General Prohibition.
II. DISCOVERY
A. In General.
1. [§30] Nature of Criminal Discovery.
2. [§31] Early Development.
3. Proposition 115.
(a) [§32] Enactment.
CHAPTER OUTLINES
(b) [§33] Purposes.

(c) [§34] Provisions Are Exclusive.
(d) [§35] Provisions Are Constitutional.
(e) Proceedings Covered or Excluded.
(2) [§37] Postconviction Proceedings Where
Sentence Is Death or Life Without
Parole.
(3) [§38] Other Postconviction Proceedings.
(f) [§39] Matters Outside Scope of Discovery Statutes.
(g) [§40] Restrictions on Disclosure of Discovered
Information.
B. Discovery by Defendant.
1. Prosecution’s General Duty To Disclose.

(b) [§42] Under Statute.
(c) [§43] Under United States Constitution.
(d) [§44] Material Not in Prosecution’s Possession.
1A. [§44A] (New) Discovery From Codefendants.
2. Discovery of Particular Matters.

(a) [§45] Identification of Prosecution Witnesses.
(b) [§46] Identity of Informer.
(c) [§47] Defendant’s Own Statements.
(d) [§48] Oral Statements.
(e) [§49] Witness’s “Rap Sheet.”
(f) [§50] Investigative Reports of Similar Crimes.
(g) [§51] Transcripts and Public Records.
(h) [§52] Information on Discriminatory Prosecution.
(i) Jury Information.
(1) [§53] Jury Lists and Venire.
(2) [§54] Jurors’ Addresses and Phone Numbers.
(3) [§55] Jury Data Kept by Prosecution.

(j) Depositions.
(1) [§56] Conditional Examination.
(2) [§57] Nonresident Witness.
(3) [§58] No Deposition of Available Witness.
(k) [§59] Discovery From Private Witness.
(l) [§60] Impeachment Information.
(m) [§61] Other Evidence.
3. Police Personnel and Complaint Records.

(a) [§62] The Pitchess Rule.
(b) [§63] Codification of Rule.
(c) [§64] No Duty by Prosecution To Review Files.
(c-1) [§64A] (New) Prosecution’s Duty When Informed of
Potential Exculpatory Evidence in Files.
(d) Confidentiality of Records.
(2) [§66] Records That Are Not Confidential.
(3) [§67] Public Disclosure of Records.
(4) [§68] No Cause of Action for Violation of
Confidentiality.
(e) Showing of Good Cause To Obtain Records.
(2) [§70] Showing That Officer Misconduct Might
Have Occurred Is Sufficient.
(3) [§71] Disclosure Relating to Employment With
Other Law Enforcement Agencies.
(4) [§72] Illustrative Cases.
(f) Relevance of Records.
(1) [§73] Time Limits.
(2) [§74] Other Limitations.
(g) [§75] Privacy Rights of Third Persons.
CHAPTER OUTLINES
(h) Procedure To Obtain Disclosure.

(1) [§76] Motion and Notification.
(2) Affidavits.
(bb) [§78] Affidavit Filed Under Seal.
(3) [§79] Hearing on Motion.
(4) [§80] Documents Produced and Made Part of
Record.
(5) [§81] Ruling by Trial Court.
(6) Review.
(bb) [§83] Record on Appeal.
(i) [§84] Sanctions for Destruction of Records.
C. Discovery by Prosecution.
2. [§86] Defendant’s Statutory Duty To Disclose.
3. [§87] Identity and Reports of Experts.
4. [§88] Mental Examination of Defendant by Prosecution

Expert.
5. [§89] Participation in Defense Third-Party Discovery.
D. Procedure.
1. Time for Discovery.

(b) [§91] Discovery at Trial.
(c) [§92] Discovery After Trial.
2. Denial, Restriction, or Deferral of Discovery.

(a) For Good Cause.
(2) [§94] In Camera Hearing.
(3) [§95] Identity of Sex Crime Victims.

(b) [§96] Deferral of Penalty Phase Discovery.
3. Enforcement of Discovery.
(a) [§97] Informal Request.
(b) [§98] Motion.
(c) Court Order.
(2) [§100] Dismissal.
(3) [§101] Preclusion of Testimony.
(d) Review.
(1) [§102] Denial of Discovery.
(2) [§103] Grant of Discovery.
4. [§104] Interview of Disclosed Witness.
III. CUSTODIAL QUESTIONING: MIRANDA RIGHTS
A. Development of Miranda Rule.
2. [§106] Escobedo and Dorado Cases.
3. [§107] Miranda Case.
4. Subsequent Development and Reaffirmation of Rule.

(b) [§109] Proposition 8: Abrogation of State
Constitutional Basis for Rule.
(c) [§110] Dickerson Case: Reaffirmation of Federal
Constitutional Basis for Rule.
B. Statements and Other Evidence Within Rule.
1. [§111] Scope of Rule.
2. [§112] Nontestimonial Responses Are Not Covered.
CHAPTER OUTLINES
3. [§113] Silence.
4. [§114] Statements With Advice of Counsel.
5. [§115] Statements Made by Accomplice.
6. [§116] Evidence Discovered Through Defendant’s

Response.
7. [§117] Exercise of Right as Evidence of Capacity.
C. Exceptions to Rule.
2. [§119] Rescue Doctrine.
3. [§120] Public Safety Exception.
4. [§121] Routine Booking Question Exception.
5. [§122] No Good Faith Exception.
D. Custodial Interrogation.
1. [§123] General Requirement.
2. Custody.
(b) [§125] Objective Test.
(c) [§126] Effect of Defendant’s Age and Experience.
(d) [§127] Detention May Be Constructive.
(e) [§128] Temporary Detention Is Insufficient.
(f) [§129] Place of Questioning Is Not Determinative.
3. Interrogation.
(b) [§131] Factors Considered.
(c) [§132] Volunteered Statements Are Admissible.
(d) [§133] Questioning on Reasons for Asserting Rights Is
Improper.
(e) Status of Interrogator.

(2) [§135] Prosecution Psychiatrist.
(3) [§136] Court-Appointed Psychiatrist.
(4) [§137] Probation or Parole Officer.
(5) [§138] Government Investigator.
(6) [§139] Undercover Agent.
(7) [§140] Security Person.
(8) [§141] Eavesdropper.
(9) [§142] Other Interrogators.
E. Communication of Rights.
1. [§143] Warning of Miranda Rights.
2. [§144] No Warning of Charge or Punishment Is Required.
3. [§145] Prosecutor’s Promise Not To Use Response Against

Suspect.
F. Assertion of Rights.
2. Request for Counsel.

(b) [§148] Assertion Must Be Unambiguous.
(c) [§149] Request for Attorney in Future.
(d) [§150] Minor’s Request for Adult.
(e) Request as Bar to Later Questioning.
(1) [§151] General Prohibition in Absence of
Counsel.
(2) [§152] Effect of Break in Custody.
(3) [§153] Defendant’s Initiation of Later
Interrogation.
CHAPTER OUTLINES
3. Election of Silence.
(b) [§155] California Decisions.
(c) [§156] Invocation of Right Must Be Unambiguous:
Silence Is Not Sufficient.
G. Waiver of Rights.
2. [§158] Implied Waiver.
3. [§159] Limited Waiver.
4. [§160] Waiver by Minor.
5. Waiver at Subsequent Interrogation.

(b) [§162] Where Defendant Initially Invoked Rights.
6. Effect of Prior Police Violation.

(a) Miranda Violation.
(2) [§164] “Question-First” Interrogation.
(3) [§165] Illustrations: Statements Admissible.
(4) [§166] Illustrations: Statements Not Admissible.
(b) [§167] Illegal Arrest.
(c) [§168] Illegal Search and Seizure.
7. [§169] Attorney’s Attempt To Contact Defendant Does Not

Invalidate Waiver.
H. [§170] Procedure To Determine Compliance.
I. [§170A] (New) Interrogation of Murder Suspect.
IV. RIGHT TO COUNSEL
A. In General.
1. [§171] Rights Protected.
2. Protection Under United States Constitution.

(a) [§172] Governing Provisions.
(b) [§173] Development of Law.
3. [§174] Protection Under California Law.
4. Offenses to Which Right Applies.

(a) [§175] All Felonies and Misdemeanors.
(b) [§176] Attack on Prior Convictions.
5. Proceedings Requiring Counsel.

(b) [§178] When Counsel Is Required.
(c) [§179] When Counsel Is Not Required.
6. [§180] Forfeiture of Right.
B. Opportunity To Obtain Counsel.
1. [§181] Advising Defendant of Right.
2. Continuance To Obtain Counsel.

(b) [§183] Illustrations: Denial Reversed.
(c) [§184] Illustrations: Denial Upheld.
3. [§185] Refusal To Release Defendant’s Funds.
C. [§186] Representation by Counsel of Choice.
D. Appointment of Counsel.
CHAPTER OUTLINES
2. Selection of Counsel.
(a) [§188] Defendant Does Not Have Unrestricted
Choice.
(b) [§189] Consideration of Defendant’s Choice.
3. Appointment of Member of Bar.

(b) [§192] Compensation.
4. Appointment of Public Defender.

(b) [§194] Appointment In Lieu of Alternative Counsel.
(c) [§195] Duties.
(d) [§196] Status and Capacity.
5. Readiness To Proceed.
(a) [§197] Statutory Requirement.
(b) [§198] Determination of Readiness.
6. Indigency of Defendant.
(b) [§200] Test of Indigency.
(c) [§201] Determination of Indigency.
7. Ancillary Defense Services.

(b) Capital Cases.
(2) [§204] Additional Counsel.
(c) [§205] Choice of Experts.
(d) [§206] No Right That Assistance Be Effective.
8. Reimbursement for Cost.

(a) [§207] Defendant’s Obligation.
(b) [§208] Notice and Hearing.

(c) [§209] Amount Recoverable.
(d) [§210] Constitutionality.
E. Change of Counsel.
1. Withdrawal, Discharge, and Substitution of Attorney.

(b) [§212] Withdrawal.
(c) [§213] Discharge.
(d) [§214] Substitution of Appointed Counsel for
Retained Counsel.
(e) [§215] Substitution of Retained Counsel With Conflict
of Interest.
2. Removal by Court.
(b) [§217] Ineffective Representation.
(c) Conflict of Interest.
(2) [§219] Conflict Limited to Preliminary Matter.
(3) [§220] Previous Defense of Prosecution Witness.
(4) [§221] Attorney’s Representation That Conflict
Exists.
(5) [§222] Waiver of Right to Conflict-Free
Representation.
F. Separate Counsel for Multiple Defendants.
1. [§223] Nature of Right.
2. Conflict of Interest as Ground.

(b) [§225] Conflict Arising From Different Proceedings.
(c) [§226] Effect of Joint Representation by Retained
Attorney.
(d) [§227] Effect of Joint Representation by Law Partners.
CHAPTER OUTLINES
3. Waiver of Right.
(b) [§229] Prerequisite: Initial Appointment of Separate
Counsel.
4. [§230] Illustrations: Joint Representation Was Improper.
5. [§231] Illustrations: Joint Representation Was Proper.
G. Competency and Effective Assistance of Counsel.
2. [§233] Commentary.
3. Standard for Effective Assistance.

(a) [§234] Former Farce or Sham Rule.
(b) [§235] Pope Case.
(c) [§236] Strickland Case.
(d) [§237] Subsequent Decisions.
(e) [§238] Claim of Ineffectiveness Based on Conflict of
Interest.
4. Status of Counsel.
(a) [§239] Attorney Who Has Resigned From Bar.
(b) [§240] Attorney With Disciplinary Charges Pending.
(c) [§241] Attorney Who Is Suspended.
(d) [§242] Law Student.
5. Particular Acts or Omissions.

(b) [§244] Failure To Present Defense.
(c) [§245] Failure To Investigate.
(d) [§246] Ignorance of Law.
(e) [§247] Failure To Participate at Trial.
(f) [§248] In Plea Bargaining.
(g) [§249] At Preliminary Hearing.
(h) [§250] Failure To Make Pretrial Motions.

(i) [§251] With Respect to Jury Trial.
(j) Failure To Object to Evidence.
(2) [§253] Convictions Not Reversed.
(3) [§254] Convictions Reversed.
(k) [§255] Failure To Call Witnesses.
(l) In Argument.
(2) [§257] Concession of Guilt.
(m) [§258] Failure To Request Instructions.
(n) [§259] At Penalty Phase of Capital Case.
(o) [§260] At Sentencing.
(p) [§261] Failure To File Appeal.
6. Procedure in Raising Issue.

(a) Marsden Motion.
(2) [§263] Distinction: Discharge of Retained
Counsel.
(3) [§264] Issue Raised by Third Party.
(4) [§265] Time of Motion.
(5) [§266] Abandonment of Request To Substitute
Counsel.
(6) [§267] Error in Granting Motion.
(b) [§268] Motion for New Trial.
(c) [§269] Direct Appeal.
(d) [§270] Habeas Corpus Proceeding.
(e) [§271] Incompetence of Appellate Counsel.
H. Consultation With Counsel.
1. In Preparation for Trial.

(a) [§272] Right to Private Consultation.
CHAPTER OUTLINES
(b) [§273] Interference by Prosecution or Law

Enforcement Officials.
(c) [§274] Access to Public Defender.
(d) [§275] Eavesdropping on Conference.
(e) [§276] Undercover Agent at Conference.
(f) [§277] Assistance of Experts and Investigators.
2. During Trial.
(b) [§279] Seating Arrangements Hindering Consultation.
(c) [§280] Calling Defense Counsel as Prosecution
Witness.
(d) [§281] Prevention of Consultation During Recess.
I. Counsel’s Control of Case.
1. [§282] Exclusive Handling of Case.
2. Determination of Tactics.
(b) Illustrations: Counsel’s Authority Upheld.
(2) [§285] Choice of Defenses.
(3) [§286] Stipulation Admitting Facts in Issue.
(c) Illustrations: Counsel’s Authority Limited.
(2) [§288] Right of Defendant To Testify.
(3) [§289] Change or Withdrawal of Plea.
J. Waiver of Counsel: Self-Representation.
1. Nature of Right.
(a) [§290] Former Law.
(b) [§291] Constitutional Right: Faretta Case.
(c) [§292] Scope of Right.
(d) [§293] Right in Capital Cases.
(e) [§294] Distinction: No Right to Cocounsel Status.
2. Time for Request.

3. [§297] Manner of Request.
4. Required Inquiry and Warnings.

(b) [§299] Admonitions to Defendant.
(c) [§300] Inquiry as to Competency.
(d) [§301] Misdemeanor Cases.
5. Effect of Election.
(b) [§303] Judge’s Advice.
(c) [§304] Right to Continuance.
(d) [§305] Use of Defendant’s Argument in Subsequent
Trial.
6. Self-Represented Defendant’s Right to Assistance of

Attorney.
(b) [§307] Discretionary Appointment.
(c) [§308] Nature of Participation.
7. [§309] Withdrawal of Waiver.
8. [§310] Termination of Right.
9. [§311] Review of Determination.
K. Elicitation of Statements in Absence of Counsel: Massiah Rule.
2. [§313] Time of Interrogation.
3. [§314] Deliberate Elicitation of Statement.
CHAPTER OUTLINES
4. [§315] Use of Informant To Receive Statement.
5. [§316] Effect of Charge for Another Crime.
V. TIME OF TRIAL
A. Right to Speedy Trial.
1. In General.
(a) [§317] Policy and Right.
(b) [§318] What Constitutes Bringing Matter to Trial.
2. Constitutional Right.
(a) [§319] Under California Constitution.
(b) Under United States Constitution.
(2) [§321] Criteria by Which Right Is Judged.
(3) [§322] Application of Criteria.
(c) [§323] Relationship Between State and Federal
Guarantees.
(d) Accrual of Right.
(1) [§324] Speedy Trial Right Accrues on
Accusation.
(2) Due Process Protection for Delay Before
Accusation.
(aa) [§325] Under United States Constitution.
(bb) [§326] Under California Constitution.
(e) Test of Unreasonable Delay.
(1) [§327] Federal Balancing Test.
(2) [§328] Delay Before Accusation.
(3) Prejudice to Defendant.
(bb) [§330] Extent of Delay Is Not
Determinative.
3. Statutory Right.
(b) Felony Cases.
(1) [§333] Delay in Filing Information.
(2) Delay in Trial.
(aa) [§334] 60-Day Requirement.
(bb) [§335] Where Trial Is Stayed Pending
Appellate Review.
(3) Delay in Retrial.
(aa) [§336] After Reversal on Appeal.
(bb) [§337] After Mistrial or New Trial Order.
(cc) [§338] After Issuance of Writ or Order.
(c) Misdemeanor and Infraction Cases.
(1) [§339] Time Limits.
(2) [§340] Effect of Joinder With Felony.
(d) [§341] Actions Involving Certain Witnesses or
Victims.
(e) Imprisoned Defendants.
(1) California Imprisonment.
(aa) [§342] Demand for Trial.
(bb) [§343] Demand for Sentencing.
(cc) [§344] Who May Make Demand.
(dd) [§345] Form of Demand.
(ee) [§346] Defendant’s Duty To Cooperate.
(ff) [§347] Delay After Restoration of Mental
Competency.
(gg) [§348] Duty To Notify Defendant of
Pending Charge.
(2) Out-of-State Imprisonment: Interstate Agreement
on Detainers.
(bb) [§350] 180-Day Requirement.
(cc) [§351] 120-Day Requirement.
CHAPTER OUTLINES
(3) Federal Imprisonment.

(aa) [§352] Demand for Trial or Sentencing.
(bb) [§353] Duty To Notify Defendant of
Pending Charge.
4. Excuse for Delay.

(a) Good Cause or Justification.
(1) [§354] Statutory Violations.
(2) [§355] Constitutional Violations.
(b) [§356] Defendant’s Acts of Prevention.
(c) [§357] Defendant Unavailable.
(d) [§358] Defense Counsel Unavailable.
(e) [§359] Prosecutor Unavailable.
(f) [§360] Witness Unavailable.
(g) Court or Judge Unavailable.
(2) [§362] Good Cause Shown.
(3) [§363] Effect of Emergency.
(4) [§364] Unreasonable Adjournment.
(h) [§365] Multiple Defendants.
(i) [§366] Delay for Investigation.
(j) [§367] Appellate Proceedings.
5. Waiver.
(a) [§368] Felony Cases.
(b) [§369] Misdemeanor and Infraction Cases.
(c) [§370] Defendant’s Request for Delay.
(d) [§371] Defendant’s Consent to Delay.
(e) [§372] Waiver by Counsel.
(f) [§373] Explanation of Rights to Unrepresented
Defendant.
(g) [§374] Constitutional Right Persists After Statutory
Waiver.
6. Procedure for Exercising Right.

(a) [§375] Dismissal Is Proper Remedy.
(b) [§376] Objection and Motion To Dismiss.
(c) [§377] Review of Denial of Motion.
7. Effect of Dismissal.
(a) [§378] No Bar to Subsequent Felony Prosecution.
(b) [§379] No Bar to Additional Charges.
B. Setting for Trial.
2. [§381] Precedence of Cases.
C. Continuance.
1. In General.
(a) [§382] Policies Involved.
(b) [§383] Requirement of Good Cause.
(c) [§384] Discretion of Court.
2. Continuance to Defendant.
(a) Absence of Witness.
(2) [§386] Identification of Obtainable Witness.
(3) [§387] Materiality of Testimony.
(4) Necessity of Testimony.
(aa) [§388] Other Witness Available.
(bb) [§389] Admission of Facts by Prosecution.
(5) [§390] Due Diligence.
(b) [§391] Failure To Obtain Evidence.
(c) Absence or Incapacity of Counsel.
(2) [§393] Illness or Other Incapacity.
(3) [§394] Conflicting Trial Commitments.
CHAPTER OUTLINES
(d) [§395] Surprise.

(e) [§396] Other Grounds.
3. Continuance to Prosecution.
(b) [§398] Judgment Affirmed.
(c) [§399] Judgment Reversed.
4. Procedure.
(b) [§401] Motion for Continuance.
VI. PUBLIC TRIAL
B. Right of Defendant.
1. [§403] No Exclusion of Public.
2. [§404] Right in Pretrial Proceedings.
3. [§405] Right at Voir Dire Examination.
4. [§406] Temporary Closure of Courtroom.
5. [§407] Waiver of Right.
C. [§408] Right of Press and Public.
D. Restrictions on Right.
1. In General.
(a) [§409] Necessary or Convenient for Orderly Trial.
2. [§411] Defendant’s Right to Fair Trial.
3. [§412] Statutory Limitations.
E. Control of Publicity.
2. [§414] Improper Publicity as Denial of Due Process.
3. Protective Orders.
(a) [§415] Power of Trial Judge.
(b) [§416] Presumption Against Prior Restraint.
4. Determining Prejudicial Effect of Publicity.

(b) [§418] Voir Dire of Jurors on Prejudice.
5. Electronic Media Coverage of Trial.

(a) [§419] Coverage Is Constitutionally Permissible.
VII. JOINT AND SEPARATE TRIALS
A. Joinder of Defendants.
1. [§421] Normal Requirement of Joint Trial.
2. Discretionary Severance of Codefendants.

(b) Discretion To Deny Severance.
(2) [§424] Codefendants Charged With Additional
Crimes.
(3) [§425] Testimony of Severed Codefendant Would
Exonerate Others.
(4) [§426] Antagonistic Defenses of Codefendants.
3. Effect of Codefendant’s Implicating Confession (Aranda-

Bruton Rule).
(a) [§427] Aranda Case.
(b) [§428] Bruton Case.
CHAPTER OUTLINES
(c) Application of Rule.

(2) [§430] Nature of Trial or Hearing.
(3) [§431] Where Codefendant Testifies.
(4) [§432] Incriminating Statement Less Than
Confession.
(5) [§433] Offer of Statement by Codefendant.
(6) [§434] Offer of Statement for Nonhearsay
Purpose.
(7) [§435] Common or Interlocking Confessions.
(8) [§436] Conspiracy Prosecution.
(d) Editing as Alternative to Severance.
(2) [§438] Sufficiency of Editing.
(3) [§439] Effect of Deleting Matters Favoring
Codefendant.
(e) [§440] Dual Juries as Alternative to Severance.
(f) [§441] Waiver or Cure of Error.
(g) Review of Error.
(1) [§442] Test for Harmless or Reversible Error.
(2) [§443] Reversible Error.
(3) [§444] Harmless Error: Prosecution Case Strong.
(4) [§445] Harmless Error: Defendant Not
Substantially Incriminated by
Statement.
B. Joinder or Consolidation of Offenses.
1. Same Test for Joinder and Consolidation.

(b) [§447] Proper Consolidation.
(c) [§448] Improper Consolidation.
(d) [§449] Proper Refusal To Consolidate.
2. Discretionary Severance of Charges.

(b) [§451] Pertinent Factors.
(c) [§452] Refusal To Sever Affirmed.
(d) [§453] Refusal To Sever Reversed.
(e) [§454] Reversal Where Ruling Denying Severance
Was Correct.
3. Multiple Defendants.
(b) Improper Joinder or Consolidation.
(2) [§457] Defendants Not Jointly Charged.
(c) Proper Joinder or Consolidation.
(2) [§459] Defendants Charged With Different
Crimes Arising Out of Same
Transaction.
VIII. DISMISSAL
A. In General.
1. [§460] Grounds.
2. [§461] Outrageous Conduct by Prosecution.
B. Discharge of Codefendant To Become Witness.
1. Witness for Prosecution.

(b) [§463] Distinction: Testimony Without Discharge.
2. [§464] Witness for Defense.
CHAPTER OUTLINES
C. Dismissal in Furtherance of Justice.
1. Power and Discretion of Judge.

(b) [§466] Proper Grounds.
(c) [§467] Improper Grounds.
(d) [§468] Striking Special Circumstance.
(e) [§469] Striking Enhancement.
(f) [§470] Imposing Plea Bargain.
2. Procedure.
(a) [§471] Who May Invoke Statute.
(b) [§472] Time of Application.
(c) [§473] Order and Statement of Reasons.
(d) [§474] Review of Order.
D. Striking Prior Conviction.
2. Challenge of Priors on Constitutional Grounds.

(b) [§477] Capital Case.
(c) [§478] Noncapital Case.
(d) [§479] Striking Out-of-State Prior for Failure To
Obtain Waiver of Constitutional Rights.
(e) [§480] Vehicle Code Convictions.
E. Effect of Dismissal.
1. In General.
(a) [§481] When Dismissal Bars Future Prosecution.
(b) [§482] Interplay Between Rules for Misdemeanors
and Felonies.
(c) [§483] Meaning of “Same Offense.”
(d) [§484] Consent.
(e) [§485] Procedure on Filing New Accusatory Pleading.

(f) [§486] Refiled Case Is Not Continuation of Dismissed
Case.
2. [§487] Misdemeanor.
3. Felony.
(a) [§488] Third Prosecution Is Barred.
(b) Exceptions.
(2) [§490] Violent Felony.
IX. PRESENCE AT TRIAL
A. [§491] Constitutional and Statutory Right.
B. Mental Presence.
1. [§492] Nature of Requirement.
2. [§493] Malingering and Voluntary Acts.
C. [§494] Auditory Presence.
D. [§495] Temporary Absence.
E. Particular Proceedings.
2. [§497] Conferences or Argument During Trial.
3. [§498] View of Scene.
4. [§499] Selection of Jury.
5. [§500] Proceedings In Chambers.
5A. [§500A] (New) Jury Deliberations.
6. [§501] Reading of Verdict.
7. [§502] Exercise of Sentencing Discretion on Remand.
CHAPTER OUTLINES
F. Waiver of Right.
2. Capital Case.
(a) [§504] No Constitutional Bar on Waiver.
(b) [§505] Statutory Restrictions on Waiver.
3. Noncapital Felony Case.

(a) [§506] Presence of Defendant at Commencement of
Trial.
(b) [§507] Voluntariness of Absence.
4. [§508] Misdemeanor Cases.
X. RIGHT TO AND SELECTION OF JURY
A. Right to Jury Trial.
1. In General.
(a) [§509] Nature of Right.
(b) [§510] United States Constitution.
(c) [§511] California Law.
(d) Proceedings Where Right Is Recognized.
(2) [§513] Criminal Contempt.
(e) [§514] Size of Jury.
(f) [§515] Unanimous Verdict Requirement.
2. Right to Jury Determination of Facts Used To Increase

Punishment.
(a) [§516] Overview.
(b) [§517] United States Supreme Court Cases.
(c) [§518] Scope of Apprendi-Blakely Rule.
(d) [§519] Recidivism Exception to Apprendi-Blakely
Rule.
(e) Application of Apprendi-Blakely Rule.

(1) [§520] Upper Term Sentence Under Determinate
Sentencing Law.
(2) [§521] Consecutive Sentencing.
(3) [§522] Aggravating Circumstances in Capital
Cases.
(4) [§523] Determination Whether Crime Is Serious
Felony.
(5) [§524] Multiple Punishment.
(6) [§525] Determination of Fact Increasing
Mandatory Minimum Sentence.
(7) [§526] Sex Offenders.
(8) [§527] Conduct Credits.
(9) [§528] Juvenile Delinquency Determinations.
(10) [§529] Eligibility for Probation.
(11) [§530] Burdens of Proof.
(11a) [§530A] (New) Criminal Fines.
(12) [§531] Other Applications.
(f) [§532] Black II Case.
(g) [§533] Sandoval Case.
(h) [§534] Effect of Plea of Guilty or No Contest.
3. Requirement That Jury Be Representative.

(b) [§536] Relevant Community.
(c) [§537] Racial or Ethnic Group Discrimination.
(d) [§538] Social or Economic Discrimination.
(e) [§539] Gender Discrimination.
(f) Proof of Improper Exclusion.
(1) [§540] Standing To Challenge Exclusion.
(2) [§541] Prima Facie Case.
(3) [§542] Underrepresentation of Group.
(4) [§543] Systematic Exclusion.
CHAPTER OUTLINES
4. [§544] Requirement That Jury Be Drawn From Vicinage.
5. Waiver of Right.
(b) [§546] Necessity of Express Waiver.
(c) [§547] Consent of Prosecutor and Defense Counsel.
(d) [§548] Concurrence by Court Is Not Required.
(e) [§549] Partial Waiver.
(f) [§550] Renewal of Waiver After Amendment of
Pleadings.
(g) [§551] Withdrawal of Waiver.
(h) [§552] Effect of Waiver on Retrial.
B. Selection of Jury.
2. Challenges to Panel.
(a) [§554] Nature and Grounds.
3. Challenges to Individual Jurors.

(a) [§556] Nature and Grounds.
(b) Implied Bias.
(2) Opinions Against Death Penalty.
(bb) [§559] Constitutional Test: Witherspoon
Case.
(cc) [§560] Subsequent United States Supreme
Court Cases.
(dd) [§561] California Standard.
(ee) [§562] Use of Questionnaires in Jury Voir
Dire.
(ff) [§563] Reversible or Harmless Error.
(c) Actual Bias.

(1) [§564] Sufficient Showing.
(2) [§565] Insufficient Showing.
4. Voir Dire Examination.

(b) [§567] Examination by Judge.
(c) [§568] Examination by Counsel.
(d) [§569] Pre-Voir Dire Conference.
(e) [§570] In Camera and Sequestered Voir Dire.
(f) [§571] One Voir Dire in Divided or Interrupted Trial.
(g) [§572] Use of Jury Book or List.
(h) Content and Scope of Questions.
(2) [§574] Questions Must Relate to Challenge for
Cause.
(3) [§575] Racial Prejudice.
(4) [§576] Attitude Toward Death Penalty.
(5) [§577] Matters of Law.
(6) [§578] Effect of Pretrial Publicity.
(7) [§579] Weight of Defendant’s Testimony.
5. Procedure in Exercising Challenges.

(b) Challenges for Cause.
(1) [§581] Order of Challenges.
(2) [§582] Statement, Notice, and Trial of Challenge.
(3) [§583] Discretion of Trial Judge.
(4) [§584] Error Reversible.
(5) [§585] Error Must Be Prejudicial.
(c) Peremptory Challenges.
(1) [§586] Time and Method.
(2) [§587] Number.
CHAPTER OUTLINES
(3) [§588] Effect of Improper Denial.

(4) No Systematic Exclusion of Cognizable Group
(Wheeler-Batson Requirements).
(aa) [§589] Under California Constitution:
Wheeler Case.
(bb) [§590] Under United States Constitution:
Batson Case.
(cc) [§591] Under United States Constitution:
Miller-El Cases.
(dd) [§592] Statutory Prohibition.
(ee) [§593] Requirement Applies to Both
Parties.
(ff) [§594] Time and Form of Motion.
(gg) [§595] What Constitutes Cognizable Group.
(hh) [§596] Prima Facie Showing of
Discriminatory Purpose.
(ii) [§597] Standard To Determine Prima Facie
Showing.
(jj) [§598] Justification of Challenges.
(kk) [§599] Ex Parte Hearing on Justification Is
Disfavored.
(ll) [§600] Trial Court’s Evaluation.
(mm) [§601] Remedy at Trial.
(nn) [§602] Nature of Review.
(oo) [§603] Use of Comparative Analysis.
(pp) [§604] Remand.
(d) [§605] Excusing Juror on Judge’s Own Motion.
6. Alternate Jurors.
(b) Grounds for Substitution.
(2) Good Cause Shown to Court.
(bb) [§609] Delayed Discovery of Ground of

Disqualification.
(cc) [§610] Juror’s Misconduct.
(dd) [§611] Review.
(3) [§612] Request of Juror on Good Cause.
(4) [§613] No Automatic Discharge on Death in
Family.
(c) Procedure.
(1) [§614] Stipulation or Summary Determination.
(2) [§615] Substitution After Submission.
(3) [§616] Exhaustion of Alternates.
XI. ORDER AND COMMENCEMENT OF TRIAL
A. Order of Trial.
2. [§618] Bifurcation To Determine Validity of Prior

Convictions.
B. [§619] Reading Pleading and Stating Plea.
C. Opening Statements.
2. [§621] Prosecutor’s Overstatement Alone Is Not Ground for

Reversal.
3. [§622] Prosecutor’s Misconduct Constituting Reversible

Error.
4. [§623] Defendant’s Statement.
XII. PRESUMPTION OF INNOCENCE
A. [§624] Doctrine of Reasonable Doubt.
B. [§625] Issues Carrying Lesser Burden.
CHAPTER OUTLINES
C. Burden on Defendant.
2. [§627] Mitigation, Justification, or Excuse of Homicide.
D. Presumptions Against Defendant.
2. [§629] Distinctions.
3. [§630] Prohibition Against Conclusively Presuming Element

of Crime.
4. [§631] Presumptions of Knowledge or Intent.
5. [§632] Presumption of Paternity.
XIII. PRODUCTION AND PRESENTATION OF EVIDENCE
B. [§634] Rules of Evidence.
C. [§635] Privileges.
D. Confrontation of Witnesses.
1. Nature and Scope of Right.

(a) [§636] Constitutional and Statutory Provisions.
(b) Opportunity for Effective Cross-Examination.
(2) [§638] Defendant or Witness With
Communication Problems.
(c) Right to Face-to-Face Confrontation.
(2) [§640] Minor Victim.
(3) [§641] Proceedings in Chambers.
2. Distinctions and Exceptions.

(b) [§643] Hearsay Rule.
(c) [§644] Prior Testimony of Unavailable Witness.
3. Waiver by Submission on Transcript.

(b) [§646] Required Waivers and Advisements.
E. Control by Court.
2. Over Witnesses.
(b) [§649] Examination by Judge of Witness or Defendant
Who Testifies.
(c) [§650] Restriction of Cross-Examination.
3. Admission and Exclusion of Evidence.

(a) [§651] Restriction of Cumulative and Rebuttal
Evidence.
(b) [§652] Exclusion of Evidence on Court’s Own
Motion.
(c) [§653] Admission of Inadmissible Evidence.
(d) [§654] Exclusion of Admissible Evidence.
F. [§655] View of Scene.
G. [§656] Reopening Case.
H. Suppression of Evidence by Prosecution.
2. [§658] Scope of Rule.
3. [§659] Prosecution’s Duty To Preserve Evidence.
CHAPTER OUTLINES
I. [§661] Rights of Victim at Trial.
J. Misconduct.
1. By Prosecutor.
(a) [§662] Improper Direct Examination or Offer of
Proof.
(b) [§663] Improper Cross-Examination or Impeachment.
2. By Judge.
(b) [§665] Disparagement of Defendant or Counsel.
(c) [§666] Attitude Toward Prosecution Witnesses.
(d) [§667] Attitude Toward Defense Witnesses.
K. [§668] Minor Vehicle Offenses.
XIV. MOTIONS FOR JUDGMENT OF ACQUITTAL AND TO

DISCHARGE JURY
A. Motion for Judgment of Acquittal.
1. [§669] Development of Law.
3. [§671] Grounds and Determination.
B. [§672] Motion To Discharge Jury.
XV. INSTRUCTIONS
A. [§673] Nature of Instructions.
B. Requested Instructions.
1. [§674] Duty To Give.
2. [§675] Modification or Substitution.
C. Instructions on Court’s Own Motion.
1. [§676] When Duty Arises.
2. [§677] Limits on Duty.
3. Instruction on Lesser Included Offenses.

(a) [§678] Requirement of Instruction.
(c) Reversible or Harmless Error.
(d) [§682] When Instruction Need Not Be Given.
4. Instructions on Evidence.
(b) [§684] Circumstantial Evidence.
(c) [§685] Oral Admissions.
(d) [§686] Accomplice Testimony.
5. [§687] Instructions on Role of Jury.
6. [§688] Instructions on Defenses.
7. [§689] Instructions on Definitions of Statutory Terms.
8. [§690] Other Particular Instructions.
D. Procedure for Request and Submission.
1. [§691] Proposal by Counsel.
2. [§692] Grant, Refusal, or Modification.
3. [§693] Time of Instructing.
4. [§694] Manner of Instructing.
E. Form and Style.
CHAPTER OUTLINES
2. [§696] Repetitious Instructions.
3. [§697] Formula Instructions.
4. [§698] Instructions Singling Out Witnesses.
5. [§699] Argumentative Instructions.
6. Sources and Forms.

(b) CALJIC: Unofficial Jury Instructions.
(1) [§701] Nature and Effect.
(2) [§702] Format and Coverage.
(c) CALCRIM: Judicial Council Instructions.
(1) [§703] Nature and Effect.
(2) [§704] Format and Coverage.
F. Particular Subjects of Instruction.
1. In General.
(a) [§705] Elements of Crimes and Defenses.
(b) Meaning of Terms.
(1) [§706] Words in Common Usage.
(2) [§707] Technical or Specialized Terms.
2. Lesser Offenses.
(a) Lesser Included Offenses.
(1) [§708] When Instruction Must Be Given.
(2) [§709] Offense Must Qualify As Lesser Included
Crime.
(3) [§710] Governing Tests.
(4) [§711] Scope of Duty To Instruct.
(5) [§712] When Instruction Need Not Be Given.
(6) [§713] “Acquittal-First” Instruction.
(b) [§714] Lesser Related Offenses.
(c) [§714A] (New) Lesser Offense for Which Defendant
Already Has Been Convicted.
3. Evidence.
(b) Presumption of Innocence, Reasonable Doubt, and
Burden of Proof.
(1) Instruction in Language of Statute.
(bb) [§717] Variations of Instruction.
(cc) [§718] Instruction Is Constitutional.
(2) Additional Instructions.
(bb) [§720] Instruction on Identity.
(cc) [§721] Instruction on Disposition or
Propensity To Commit Sex
Crime.
(dd) [§722] Instruction on Disposition or
Propensity To Commit Domestic
Violence.
(c) Statements and Actions by Defendant.
(1) [§723] Confessions, Admissions, and Fabrication
or Suppression of Evidence.
(2) [§724] Flight.
(d) [§725] Witnesses.
4. Jurors’ Deliberation and Verdict.

(b) [§727] Findings Permitted or Required.
(c) Unanimity Instruction.
(1) [§728] Instruction Is Required Where Conviction
May Be Based on More Than One
Act.
(2) [§729] Exception: Continuous Course of
Conduct.
(3) [§730] Distinction: Alternative Theories of Guilt.
CHAPTER OUTLINES
(4) [§731] Resident Child Molester Cases.
G. Cautionary Instructions.
2. [§733] Oral Admissions.
3. [§734] Witness False in Part.
4. [§735] Prosecuting Witness in Sex Case.
5. [§736] Testimony of Informant.
6. [§737] Circumstantial Evidence.
7. Testimony of Accomplice.
(a) [§738] Necessity for Corroboration.
(b) [§739] Viewing Testimony With Caution.
8. [§740] Other Corroboration Requirements.
H. Court’s Comment on Evidence.
1. [§741] Nature of Power.
2. [§742] Scope of Power.
3. [§743] Selective Comment.
4. [§744] Impartiality Is Required.
5. [§745] Comment to Deadlocked Jury.
6. [§746] Comment on Guilt of Defendant.
I. Review.
2. [§748] Error in Content.
3. [§749] Error in Form.
4. [§750] Inconsistent or Confusing Instructions.
5. [§751] Refusal or Failure To Instruct.
6. [§752] Abstract Instructions.
XVI. ARGUMENT
A. In General.
1. [§753] Statutory and Constitutional Right.
2. [§754] Number of Counsel.
3. [§755] Order of Argument.
4. [§756] Control by Court.
B. By Prosecution.
1. [§757] Scope of Argument.
2. [§758] Misconduct: Principles and Policy.
3. Attacks on Defense Case.

(b) [§760] Defendant’s Failure To Testify.
(c) Defendant’s Failure To Call Witness.
(1) [§761] Permissible Comment.
(2) [§762] Misconduct.
4. Reference to Matters Outside Record.

(b) [§764] Other Offenses or Convictions.
(c) [§765] Future Conduct of Defendant.
(d) [§766] Unadmitted Evidence.
(e) [§767] Permissible References.
5. [§768] Statements on Law.
6. Statements Relating to Punishment.

(a) [§769] Permissible Comment.
CHAPTER OUTLINES
(b) [§770] Misconduct.
7. Personal Beliefs or Opinions.

(b) Guilt of Defendant.
(2) [§773] Implication of Codefendant’s Guilt.
(c) [§774] Reliability of Witnesses.
(d) [§775] Permissible Comment.
8. Derogatory Remarks.
(b) Against Defendant.
(1) [§777] Permissible Comment.
(2) [§778] Misconduct.
(c) [§779] Against Counsel.
(d) [§780] Against Witnesses.
9. Appeals to Passion or Prejudice.

(b) [§782] Racial Prejudice.
(c) [§783] Political or Economic Prejudice.
(d) [§784] Nature of Crime.
10. Refutation of Defense Statements.

(a) [§785] Permissible Answers.
(b) [§786] Misconduct.
11. [§786A] (New) Intimidating Jurors.
C. By Defense.
2. [§788] Matters of Common Knowledge and Illustrative

Comment.
3. [§789] Statements on Law.
4. [§790] Attack on Death Penalty.
5. [§791] Personal Belief in Defendant’s Innocence.
6. [§792] Argument by Counsel for Codefendant.
XVII. SANITY AND COMPETENCY PROCEEDINGS
A. Determination of Insanity Defense.
1. [§793] Bifurcation Requirement.
2. [§794] First Trial on Guilt.
3. Second Trial on Insanity.

(a) [§795] Relation to Guilt Stage.
(b) [§796] Jury or Court Trial.
(c) [§797] Order of Trial.
(d) [§798] Use of Experts.
(e) [§799] Instruction to Jury.
(f) [§800] Verdict and Sentence.
4. Proceedings After Determination of Insanity.

(a) [§801] Where Defendant Has Recovered.
(b) [§802] Where Defendant Has Not Recovered.
(c) Release From Commitment.
(1) [§803] Application for Release.
(2) [§804] Standards for Release.
(3) [§805] Custody and Treatment Pending Hearing.
(4) [§806] Initial Hearing on Outpatient Placement.
(5) [§807] Trial on Restoration of Sanity.
(6) [§808] Effect of Order Adverse to Defendant.
(d) [§809] Constitutionality of Proceedings.
CHAPTER OUTLINES
5. Outpatient Treatment.
(b) [§811] Prerequisites.
(c) [§812] Recommendation and Hearing.
(d) [§813] Termination of Outpatient Status.
6. Term of Commitment.
(a) [§814] Constitutional Requirements.
(b) [§815] Maximum Commitment.
(c) Extended Commitment.
(1) [§816] Nature of Proceedings.
(2) [§817] Petition.
(3) [§818] Rights of Defendant.
(4) [§819] Hearing and Disposition.
(d) [§819A] (New) Compassionate Release.
B. Determination of Mental Competence To Stand Trial.
1. In General.
(a) [§820] Necessity for Present Mental Competence.
(b) [§821] Constitutional Requirements.
(c) [§822] Statutory Requirements.
(d) [§823] Nature of Competency Proceeding.
(e) [§824] Test of Incompetence.
2. Procedure To Determine Competence.

(a) [§825] Motion and Order.
(b) Role of Counsel.
(2) [§827] Right To Control Proceedings.
(c) Duty To Order Hearing.
(1) [§828] Judge Expresses Doubt as to Competency.
(2) Substantial Evidence of Incompetency.

(3) [§831] Duty To Order Second Hearing.
(d) Suspension of Proceedings.
(1) [§832] What Proceedings Are Suspended.
(2) [§833] What Proceedings Are Not Suspended.
(e) Hearing.
(2) [§835] Jury Trial on Demand.
(3) [§836] Appointment of Experts.
(4) [§837] Statements Made by Defendant.
(5) [§838] Presentation of Evidence.
(6) [§839] Burden of Proof.
(7) [§840] Argument and Instructions.
(8) [§841] Determination.
(f) [§842] Consolidation of Multiple Cases.
3. Procedure After Determination of Incompetence.

(b) [§844] Antipsychotic Medication.
(c) [§845] Detention and Reports.
(d) [§846] Return to Court.
(e) [§847] Disposition on Return.
(f) [§848] Developmental Disability.
4. [§849] Review.
CHAPTER XV
CRIMINAL JUDGMENT
I. VERDICT
A. Conduct and Deliberation of Jury.
1. Custody and Deliberations.

(a) [§1] Custody.
(b) Deliberations.
(2) [§3] Judge’s Entrance into Jury Room.
(c) [§4] Admonition.
(d) [§5] Alternate Jurors.
(e) [§6] Change of Foreperson.
(f) Jury Nullification.
(2) [§8] Discharge of Juror for Failure To Follow
Court’s Charge.
2. Return for Additional Information.

(b) Instructions.
(c) Evidence.
(2) [§13] Scope and Context.
(d) [§14] Summations.
3. Unlawful Separation After Submission.

(a) [§15] Rule and Presumption.
(b) [§16] Defendant’s Consent Is Not Required.

(c) [§17] Nonprejudicial Separation.
4. Papers and Exhibits in Jury Room.

(b) [§19] Papers Received in Evidence.
(c) [§20] Exhibits.
(d) [§21] Written Instructions and Notes of Proceedings.
(e) [§22] Substantial Likelihood Test for Reversible Error.
5. Misconduct.
(b) Unauthorized Reception of New Evidence.
(2) [§25] Test: Actual Bias.
(3) [§26] News Articles or Broadcasts.
(4) [§27] Evidence Inadvertently Given to Jury.
(5) [§28] Biblical References.
(c) Unauthorized Communications With Nonjurors.
(2) [§30] With Judge.
(3) [§31] With Bailiff.
(4) [§32] With Others.
(d) [§33] Premature Discussion Among Jurors.
(e) [§34] Improper Discussion Among Jurors.
(f) [§35] Consumption of Alcohol.
(g) [§36] Juror Proclamations.
(h) [§37] Other Misconduct.
B. Rendition of Verdict.
1. Disagreement.
(a) [§38] Judge’s Power To Discharge for Jury
Disagreement.
CHAPTER OUTLINES
(b) Retrial After Discharge.

(1) [§39] Retrial Is Proper.
(2) [§40] Right to Free Transcript.
(c) Permissible Urging of Agreement.
2. Improper Coercion.
(a) [§43] Known Minority for Acquittal.
(b) [§44] Allen Instruction Disapproved.
(c) [§45] Suggestion of Guilt or Hint of Leniency.
(d) [§46] Stressing Simplicity of Case.
3. Return.
(a) [§47] Verdict Forms.
(b) [§48] Return and Polling of Jury.
(c) Manner and Place of Rendering Verdict.
(1) [§49] Open Court.
(2) [§50] Presence of Defendant.
(d) [§51] Recording Verdict.
4. Reconsideration of Defective Verdict.

5. Discharge.
(b) [§55] Jury May Not Be Reconvened After Discharge.
(c) Communication With Discharged Jurors.
(1) [§56] Information Conveyed to Jurors.
(2) Right to Juror Identifying Information.
(aa) [§57] Statutory Procedure.
(bb) [§58] Case Law.
6. Form of Verdict.
(a) [§59] General Verdict.
(b) [§60] Special Verdict.
(c) [§61] Distinction: Findings in Trial by Court.
7. Content.
(a) Findings of Special Issues.
(1) [§62] Prior Conviction.
(2) [§63] Armed With Weapon.
(3) Degree.
(aa) [§64] Crimes Divided Into Degrees.
(bb) [§65] Crimes Not Divided Into Degrees.
(4) [§66] Penalty.
(b) [§67] Multiple Defendants.
(c) [§68] Multiple Counts.
(d) Included Offense or Attempt.
(1) [§69] Power and Duty of Jury.
(2) [§70] Existence of Reasonable Doubt.
(3) [§71] Partial Verdict of Acquittal Where Jury Is
Deadlocked.
(4) Test Based on Elements of Crime.
(bb) [§73] Illustrations: Offenses Included.
(cc) [§74] Illustrations: Offenses Not Included.
(5) Test Based on Accusatory Pleading.
(bb) [§76] Extensions to Other Forms of Notice.
(cc) [§77] Test Does Not Apply in Absence of
Notice.
(dd) [§78] Enhancement Allegations Are Not
Considered.
(ee) [§79] Test Does Not Apply to Conviction of
Multiple Charged Offenses.
CHAPTER OUTLINES
8. Informal, Irregular, and Defective Verdicts.

(b) [§81] Surplusage and Clerical Error.
(c) [§82] Uncertainty.
(d) [§83] Failure To Find.
(e) Inconsistent Verdicts on Separate Grounds.
(1) [§84] Former Law: Inconsistent Verdicts Are Not
Valid.
(2) [§85] Current Law: Valid Inconsistent Verdicts.
(3) [§86] Enhancement Allegations.
(4) [§87] Special Rules for Conspiracy.
(f) Inconsistent Verdicts on Joint Defendants.
(1) [§88] Nature of Problem.
(2) [§89] Appeal by Defendant More Severely
Treated.
(3) [§90] Appeal by Defendant More Favorably
Treated.
(g) Unincluded Offense Not Charged.
9. Impeachment of Verdict.
(a) [§93] Former Rule Against Impeachment.
(b) Present Rule and Limitations.
(1) [§94] Statement of Rule.
(2) [§95] Illustrations: Subjective Reasoning.
(3) [§96] Federal Procedure.
10. Proceedings on Verdict.

(a) [§97] Verdict of Acquittal.
(b) [§98] Verdict of Conviction.
(c) [§99] Right to Bail After Conviction.
II. MOTION FOR NEW TRIAL
A. [§100] Nature of New Trial.
B. Grounds.
1. [§101] Statutory List.
2. [§102] Statutory Grounds Are Normally Exclusive.
3. Newly Discovered Evidence.

(b) [§104] Motion Is “Disfavored.”
(c) Competency and Strength.
(1) [§105] Probability of Different Result.
(2) [§106] Cumulative Evidence.
(3) [§107] Impeaching Evidence.
(4) [§108] Recantation.
(d) Discovery and Diligence.
(1) [§109] Newly Discovered.
(2) [§110] Diligence.
(3) [§111] Where Diligence Is Not Required.
4. Insufficiency of Evidence.
(a) [§112] Nature of Ground.
(b) [§113] Judge’s Duty To Weigh Evidence.
(c) Judge’s Power To Modify Judgment.
(1) [§114] Lesser Offense or Degree.
(2) [§115] Lesser Penalty.
5. [§116] Error of Law or Misdirection of Jury.
6. [§117] Improper Conduct of Jury.
7. [§118] Misconduct of Prosecuting Attorney.
8. [§119] Absence of Defendant in Felony Trial.
CHAPTER OUTLINES
9. [§120] Inability To Obtain Transcript.
10. [§121] Incompetence of Counsel.
C. Procedure.
1. Motion by Defendant.
(a) [§122] Necessity and Form.
(b) [§123] Time of Motion.
(c) Renewal of Motion.
(2) [§125] Change in Law.
(d) [§126] Second Motion in Bifurcated Trial.
(e) [§127] No Absolute Right to Free Transcript.
2. Affidavits.
(b) [§129] Newly Discovered Evidence.
(c) [§130] Counter-Showing.
3. Hearing.
(b) [§132] Judge To Hear Motion.
(c) [§133] Juror Testimony.
4. [§134] Order.
5. Review of Order.
(a) [§135] Order Granting.
(b) [§136] Order Denying.
6. [§137] Failure To Determine Motion.
III. JUDGMENT
A. Motion in Arrest of Judgment.
1. [§138] Nature of Motion.
2. [§139] Grounds: Demurrable Defects.
B. Arraignment for Judgment.
1. [§141] Time.
2. [§142] Conditions Suspending Imposition of Judgment.
3. [§143] Motion To Strike Prior Convictions.
4. [§144] Waiver of Formal Arraignment Is Disfavored.
5. Presence of Defendant.
(a) [§145] Requirement of Presence in Felony Case.
(c) [§147] No Requirement in Misdemeanor Case.
6. Right of Allocution.
(b) [§149] Scope of Right.
(c) [§150] Information Considered.
7. [§151] Right to Counsel.
C. Rendition and Entry.
2. [§153] Participation of Victim and Family.
3. [§154] Notification of Appeal Rights.
4. [§155] Failure To Pronounce at Time Set.
D. Determining Degree of Crime.
1. [§156] Function of Trial Court.
2. [§157] Evidence or Admission.
3. [§158] Failure To Determine Degree.
CHAPTER OUTLINES
E. Temporary Detention in Diagnostic Facility.
IV. SENTENCE
B. [§162] Unauthorized Sentence.
C. [§163] Discretion of Judge Generally.
D. Concurrent or Consecutive Sentences.
1. [§164] General Rule: Subsequent Judgment Must Direct

Whether Sentences Are Consecutive.
2. [§165] Multiple Convictions in Single Proceeding.
3. [§166] Prior Conviction and Subsequent Sentence.
4. [§167] Where One Judgment Is Reversed.
5. [§168] Where Consecutive Sentence Is Mandatory or

Permissive.
5A. [§168A] (New) Concurrent Terms of Imprisonment To Be

Served in State Prison.
6. Discretion of Judge.
(a) [§169] Discretion Is Rarely Disturbed.
7. Failure To Direct.
(a) [§171] Correction Within 60 Days.
(b) [§172] Concurrent Terms Where No Timely Direction
Is Made.
8. [§173] Effect of Sentences.
E. Execution of Judgment.
1. [§174] Jail Sentence.
2. [§175] State Prison Sentence.
3. [§176] Fines and Fees.
4. Death Penalty.
(b) [§178] Order of Execution.
(c) [§179] Place and Manner of Execution.
F. Insanity After Judgment.
1. [§180] Sentence Other Than Death.
2. Sentence of Death.
(a) [§181] Determination of Insanity and Recovery.
(b) [§182] Review of Determination.
V. VACATION OR CORRECTION BY COURT
A. [§183] Correction of Clerical Error.
B. No Correction of Judicial Error.
2. [§185] Void Judgment.
C. [§186] Modification of Sentence Before Restraint.
D. [§187] No Modification of Sentence After Commencement.
E. [§188] Vacation To Permit New Trial Motion.
F. [§189] Recall of Sentence.
G. [§190] No Judgment N.O.V.
CHAPTER OUTLINES
VI. MOTION TO VACATE: CORAM NOBIS
A. In General.
1. [§191] Revival of Common Law Writ.
2. [§192] Civil Proceeding.
3. [§193] Grounds for Motion.
4. [§194] Motion by Person No Longer Imprisoned or

Restrained.
B. When Relief Will Be Denied.
1. [§195] No Proper Ground.
2. [§196] Other Remedy Neglected.
3. [§197] Unreasonable Delay.
4. [§198] Prior Determination of Issue.
C. Procedure.
1. [§199] Petition or Motion.
2. [§200] Hearing and Determination.
3. [§201] When Appellate Court Has Jurisdiction.
4. [§202] When Trial Court Has Jurisdiction.
VII. (NEW) MOTION TO VACATE: STATUTORY MOTION
A. [§204] (New) In General.
B. [§205] (New) Time for Filing Motion.
C. [§206] (New) Hearing and Determination.
D. [§207] (New) Appeal.
CHAPTER XVI
CRIMINAL APPEAL
I. IN GENERAL
A. [§1] Appellate Jurisdiction.
B. [§2] Appellate Rules.
C. Extension of Time.
2. [§4] Factors Considered.
D. Right of Appeal.
1. In General.
(a) [§5] Appealability Is Constitutional or Statutory.
(b) [§6] Right of Parties.
(c) [§7] Waiver.
(d) [§8] Distinctions.
2. After Guilty or Nolo Contendere Plea or Probation

Revocation.
(a) Conditions.
(2) Statutory Requirements: Statement and Certificate.
(bb) [§11] Exceptions.
(3) Necessity of Compliance.
(aa) [§12] Criticisms of Relaxed Compliance.
(bb) [§13] Strict Compliance.
(4) Scope of Requirements.

(bb) [§15] Sentencing Error.
(b) Appealable Issues.
(1) [§16] Statutory Grounds Only.
(2) [§17] Reviewable Claims.
(3) Nonreviewable Claims.
(aa) [§18] Contentions Relating to Evidentiary
Matters.
(bb) [§19] Contentions Relating to Other
Matters.
(c) Exceptions to Statutory Conditions.
(2) Exceptions Where Appeal Does Not Challenge
Validity of Plea.
(bb) [§22] Sentence or Sentencing Procedure.
(cc) [§23] Denial of Motion To Set Aside
Judgment.
(3) [§24] Exceptions Even Though Appeal
Challenges Validity of Plea.
(d) Probable Cause.
(1) [§25] Function of Trial Judge.
(2) [§26] Review of Trial Judge’s Refusal.
(e) Procedure.
(2) [§28] Filing Notice of Appeal and Request for
Certificate.
(3) [§29] Right to Counsel.
E. Effect of Taking Appeal.
1. Jurisdiction Lost by Trial Court.

CHAPTER OUTLINES
(b) [§31] Attempt or Agreement To Dismiss Appeal.
2. Jurisdiction Retained by Trial Court.

(b) [§33] Habeas Corpus.
(b-1) [§33A] (New) Jurisdiction Retained by Statute.
F. Counsel on Appeal.
1. In General.
(a) [§34] Former Law and Practice.
(b) [§35] Constitutional Right to Counsel (Douglas Rule).
(c) [§36] Nature of Rule.
(d) [§37] Scope of Rule.
(e) [§38] No Right to Self-Representation.
2. Public Defender or Private Counsel.

(a) [§39] Appointment.
(b) [§40] Selection and Compensation.
3. [§41] Duties of Trial Attorney.
4. [§42] Requirement of Brief (Anders Rule).
5. Competency of Appellate Counsel.

(b) [§44] Duty To Raise Arguable Issue.
6. Appellate Review of Record (Wende Rule).

(a) Where Counsel Finds No Arguable Issue.
(2) [§46] Criticism of Rule.
(3) [§47] Proceedings Where Rule Is Not Applicable.
(4) [§48] Court Must Address Defendant’s
Supplemental Arguments.
(b) [§49] Where Counsel Raises Specific Issue.
7. [§50] Assistance of Experts.
8. [§51] Misdemeanor Appeal.
G. [§52] Incompetency Is Not Ground for Stay of Appeal.
H. [§53] Service of Papers in Death Penalty Cases.
II. APPEALABILITY OF JUDGMENTS AND ORDERS
A. Appeal by Defendant.
1. Final Judgment of Conviction.

(b) [§55] Qualifications.
(c) What Constitutes Final Judgment.
(2) [§57] Sentence and Judgment.
(d) [§58] Where Execution of Sentence Is Suspended.
(e) [§59] Where Sentence Is Suspended.
2. [§60] Order Denying Motion for New Trial.
3. Order After Judgment Affecting Substantial Rights.

(b) Order After Probation Is Granted.
(1) [§62] Order Revoking Probation.
(2) [§63] Other Post-Probation Orders.
(c) [§64] Orders in Sex Offender Proceedings.
4. Order Denying Motion To Vacate.

(a) [§65] General Rule: Not Appealable.
(b) [§66] Exception: Inadequate Record in Appeal From
Judgment.
(c) [§67] Exception: Judgment Void for Jurisdictional
Defect.
(d) [§68] Exception: Statutory Motion To Vacate.
CHAPTER OUTLINES
(e) [§69] Exception: Appeal Considered in Court’s

Discretion.
5. [§70] Appeal After Adjudication of Contempt.
5A. [§70A] (New) Order Denying Petition To Recall Sentence.
6. Miscellaneous Nonappealable Orders.

(a) [§71] Orders Before Judgment.
(b) [§72] Orders After Judgment.
B. Appeal by Prosecution.
1. Appealable Orders.
(b) [§74] Order Recusing District or City Attorney.
(c) Order Setting Aside Accusatory Pleading.
(1) [§75] Right To Appeal.
(2) [§76] Election Between Appeal and New
Pleading.
(d) [§77] Judgment for Defendant on Demurrer.
(e) [§78] Order Granting New Trial.
(f) [§79] Order Arresting Judgment.
(g) Order After Judgment Affecting Substantial Rights.
(1) [§80] Order Reducing Felony-Misdemeanor to
Misdemeanor.
(2) [§81] Miscellaneous Orders.
(h) [§82] Order Reducing Verdict or Finding.
(i) Orders Dismissing Proceeding.
(1) [§83] Dismissal of Felony.
(2) [§84] Dismissal of Misdemeanor or Infraction.
(j) [§85] Order Denying Reinstatement of Dismissed
Complaint.
(k) [§86] Order Imposing Unlawful Sentence.
2. Nonappealable Orders.
(a) [§87] Order Granting Probation.
(b) [§88] Miscellaneous Orders.
C. [§89] Appeal Involving Bail Forfeiture.
III. NOTICE OF APPEAL
A. In General.
1. [§90] Written or Printed Notice Must Be Filed.
2. [§91] Notification by Clerk.
B. Form and Liberal Construction.
2. [§93] Specification of Wrong Order.
3. [§94] Specification of Sentence or Verdict.
4. [§95] No Specification of Any Order.
C. Time of Filing.
1. [§96] Normal Time.
2. [§97] Special Proceedings.
3. Time Is Jurisdictional.
(b) [§99] Exception: Constructive Filing.
(c) [§100] Distinction: Where Delay Is Not Excusable.
4. Relief From Late Filing.

(a) [§101] Communicated Desire To Appeal.
(b) [§102] Changes in Rules.
(c) [§103] Relief Reaffirmed: Diligent Defendant.
5. [§104] Premature Filing Is Excusable.
CHAPTER OUTLINES
6. [§105] Conditional Notice Attached to Motion.
IV. STAY AND BAIL PENDING APPEAL
A. Stay of Execution.
1. Death Penalty Cases.

(a) [§106] Pending Review by California Supreme Court.
(b) [§107] Pending Review by United States Supreme
Court.
2. Other Cases.
(a) [§108] Power and Procedure.
(b) [§109] Discretion To Grant or Deny.
(c) [§110] Stay of Probation Order.
B. Bail Pending Appeal.
1. [§111] As Matter of Right.
2. In Discretion of Lower Court.

(a) [§112] Power and Discretion.
(b) [§113] Judicial Criteria for Release.
(c) [§114] Statutory Criteria for Release.
(d) [§115] Statement of Reasons.
(e) [§116] Procedure.
3. In Discretion of Appellate Court.

(a) [§117] Power and Condition.
(c) [§119] Matters To Be Considered.
(d) [§120] Illustrations: Bail Granted.
(e) [§121] Illustrations: Bail Denied.
V. RECORD ON APPEAL
A. Defendant’s Right to Free Transcript.
1. [§122] Felony.
2. Misdemeanor.
(a) [§123] Constitutional Right.
(b) [§124] Statutory Right.
3. [§125] Quasi-Criminal Proceedings.
4. [§126] Test of Indigency.
5. [§127] Vexatious Litigant.
B. Form and Content of Record.
2. [§129] Normal Record.
3. [§130] Additional Record.
4. [§131] Confidential Material.
5. [§132] Complete Record in Capital Case.
6. Limited Record in Other Cases.

(b) [§134] Appeal After Probation Is Revoked.
7. [§135] Short Record.
8. [§136] Augmenting or Correcting Record by Trial Court.
9. [§137] Juror Identifying Information.
C. Preparation and Certification.
2. [§139] Preparation of Record.
3. [§140] Time Requirements in Felony Cases.
CHAPTER OUTLINES
4. [§141] Special Requirements in Death Penalty Cases.
D. Where Transcript Is Wholly or Partially Unavailable.
1. Settled Statement.
(b) [§143] Sufficiency.
2. New Trial.
(a) [§144] No Absolute Right.
(b) [§145] Right Where Sufficient Record Is Not
Available.
E. [§146] Correction of Defective Record.
F. Record in Appellate Court.
1. Transmission.
(b) [§148] Exhibits.
2. Augmentation by Order of Appellate Court.

(a) [§149] Procedure.
(b) [§150] Showing Required.
3. [§151] Correction by Order of Appellate Court.
4. [§152] Conflict Between Clerk’s and Reporter’s Transcripts.
VI. BRIEFS AND ARGUMENT
A. Briefs.
1. [§153] Requirement.
2. [§154] Content, Form, and Style.
3. [§155] Length.
4. [§156] Service and Filing.
5. [§157] Action on Defective Briefs.
B. Oral Argument.
2. [§159] Waiver.
VII. NATURE AND SCOPE OF REVIEW
A. In General.
1. [§160] Function of Appellate Court.
2. [§161] Standard of Review in Decision Affecting

Constitutional Rights.
3. [§162] Correction of Presentence Credit Calculations.
B. [§163] New Matter on Appeal.
C. Matters Not Reviewable.
1. [§164] Matters Outside Record.
2. [§165] Reasons for Trial Court’s Decision.
3. [§166] Issues Not Raised in Prior Appeal.
4. [§167] Law of the Case.
5. [§168] Other Matters.
D. Sufficiency of Evidence.
1. Constitutional Standard.
(b) [§170] Multiple Theories.
2. Presumption in Favor of Judgment.

(b) [§172] Testimonial and Circumstantial Evidence.
3. [§173] Impeachment and Inherent Improbability.
CHAPTER OUTLINES
4. Evidence Unsubstantial.
(a) [§174] Test of Unsubstantial Evidence.
(c) [§176] Denial of Due Process.
5. [§177] Appeal by Prosecution From New Trial Order.
E. [§178] Rulings Against Prosecution in Defendant’s Appeal.
VIII. DETERMINATION OF APPEAL
B. [§180] Voluntary Abandonment or Dismissal.
C. Involuntary Dismissal.
1. [§181] Death of Appellant.
2. Fugitive Disentitlement Doctrine.

(a) [§182] Escape of Defendant.
(b) [§183] Consideration of Defendant’s Request To
Dismiss Case.
3. Frivolous Appeal.
(a) [§184] Policy Against Dismissal.
(b) [§185] Postconviction Orders.
(c) [§186] Dismissal After Examination of Record.
4. [§187] Moot Case.
D. [§188] Affirmance.
E. Reversal.
1. [§189] General Reversal.
2. Reversal With Directions.

(b) [§191] Error in Sentence.
3. [§192] Partial Reversal.
4. [§193] Reversal Without Order for New Trial.
F. Modification.
1. [§194] Change in Judgment.
2. [§195] Reduction in Punishment.
G. [§196] Finality of Decision.
IX. PROCEEDINGS SUBSEQUENT TO APPELLATE DECISION
A. Rehearing and Review.
1. [§197] Rehearing in Court Rendering Decision.
2. [§198] Review in Supreme Court.
3. [§199] Hearing After Appeal in Misdemeanor Case.
B. Recall of Remittitur.
2. [§201] Mistake or Inadvertence.
3. [§202] No Remedy for Judicial Error.
4. [§203] Denial of Constitutional Right.
C. Further Review in United States Supreme Court.
1. [§204] Review of Federal Questions.
X. APPEALS IN MISDEMEANOR AND INFRACTION CASES
B. [§207] Judicial Council Forms.
C. [§208] Notice of Appeal.
CHAPTER OUTLINES
D. [§209] Normal Record on Appeal.
E. [§210] Transcripts.
F. Settled Statement.
3. [§213] Trial Judge’s Duty.
F-1. [§213A] (New) Failure To Procure Record.
G. [§214] Relief From Default.
H. [§215] Abandonment and Dismissal.
I. [§216] Reversal for Prosecutorial or Judicial Delay.
J. Hearing and Decision in Appellate Division.
2. [§218] Decision.
K. [§219] Remittitur.
CHAPTER XVII
REVERSIBLE ERROR
I. IN GENERAL
A. [§1] Theory and Scope of Doctrine.
B. [§2] Admission and Exclusion of Evidence.
C. [§3] Unfairness Without Error.
D. [§4] Analysis of Reversible Error Problem.
E. [§5] Illustrations.
II. TESTS OF REVERSIBLE ERROR
A. [§6] Former Test of Possible Prejudice.
B. Present Test of Probable Prejudice.
3. [§9] When Probability Test Applies.
C. [§10] Penalty Phase Error: Test of Reasonable Possibility of

Prejudice.
D. Constitutional Error.
1. Development of Law.
(a) [§11] Reasonable Possibility Standard (Fahy).
(b) [§12] Harmless Beyond Reasonable Doubt Standard
(Chapman).
2. Confessions and Admissions.

(a) [§13] Federal Rule: Chapman Standard.
(b) [§14] California Rule: Chapman Standard.
3. Instructional Error.
(a) [§15] Former California Per Se Rule and Exceptions.
(b) [§16] Federal Rule: Chapman Standard.
(c) California Rule: Chapman Standard.
(1) [§17] Error Harmless Beyond Reasonable Doubt.
(2) [§18] Error Not Harmless Beyond Reasonable
Doubt.
(d) [§19] Continued Validity of Per Se Rule in California.
(e) [§20] Reasonable Likelihood Test.
4. [§21] Comment on Defendant’s Failure To Testify.
5. [§22] Other Errors.
III. REVERSIBLE ERROR PER SE
A. In General.
1. [§23] Development of Concept.
2. [§24] Limitation of Concept.
B. Denial or Impairment of Specific Rights.
2. [§26] Jury Trial.
3. [§27] Public or Speedy Trial.
4. [§28] Physical Presence or Mental Competence.
5. [§29] Presentation of Evidence.
6. [§30] Other Examples.
IV. SUBSTANTIALITY OF ERROR
CHAPTER OUTLINES
B. Rule That Unsubstantial Error Is Not Reversible.
1. [§32] Rule Applied.
2. Departures From Rule.

(a) [§33] Defendant Charged With Death of Victim.
(b) [§34] Defendant Not Charged With Death of Victim.
C. Substantial Error Not Reversible Under Circumstances.
1. Error Invited: Estoppel.

(a) [§35] Nature of Doctrine.
(b) Illustrations.
(1) [§36] Error in Giving, or Failing To Give,
Instruction.
(2) [§37] Other Errors.
(c) [§38] Tactical Decision Based on Misunderstanding of
Law.
(d) [§39] Doctrine Is Not Applicable Where Trial Judge
Has Duty To Instruct.
(e) [§40] Effect of Defense Counsel’s Misconduct.
2. Error Forfeited by Failure To Object.

(b) [§42] Defendant Appearing in Pro. Per.
(c) [§43] Where Objection May Not Be Necessary.
(d) [§44] Where Objection Has Additional Legal
Consequences.
(e) Forfeiture Doctrine Applied.
(1) [§45] Objections Involving Evidence.
(2) [§46] Objections Involving Jury.
(3) [§47] Objections Involving Sentencing.
(4) [§48] Objections Involving Absence of Court
Ruling.
(5) [§49] Other Objections.
(f) Misconduct: Request for Admonition Is Required.

(1) [§50] Misconduct of Prosecutor.
(2) [§51] Misconduct of Judge.
(3) [§52] Exception: Where Request Would Be
Futile.
3. Error Cured by Trial Judge.

(a) [§53] Forms of Corrective Action.
(b) [§54] Exception: Error Incurable or Cure Inadequate.
4. [§55] Where Defendant’s Guilt Is Clear.
5. [§56] Where Defendant Is Given Fair Trial.
D. Substantial Error Reversible Under Circumstances.
1. [§57] Close Case.
2. [§58] Numerous Errors With Cumulative Effect.
3. Error Intentional or in Bad Faith.

(a) [§59] Bad Faith as Factor.
(b) [§60] Bad Faith Alone Insufficient.
CHAPTER XVIII
CRIMINAL WRITS
I. IN GENERAL
A. [§1] Nature and Kinds of Extraordinary Writs.
B. Optional and Dual Uses of Writs.
1. [§2] Mistaken Choice.
2. [§3] Different Writs for Same Purpose.
3. [§4] Two Writs for Complete Relief.
C. Principal Uses in Criminal Cases.
1. [§5] By Defendant.
2. By Prosecution.
(a) [§6] Writ Is Not Available To Challenge Dismissal.
(b) [§7] Act in Excess of Jurisdiction.
(c) [§8] Act Not in Excess of Jurisdiction.
3. [§9] Mandatory Time for Trial or Hearing.
II. HABEAS CORPUS
A. In General: Historical Usage.
2. [§11] Courts With Original Jurisdiction.
3. Scope of Jurisdiction.
(b) [§13] Territorial Jurisdiction Is Unlimited.
(c) [§14] Proper Court To Determine Petition.
4. [§15] Habeas Corpus in Civil Proceedings.
5. [§16] Traditional Condition: Actual or Constructive Custody.
6. Federal Practice.
(b) [§18] Scope of Review.
B. Modern Extension: Declaration of Rights.
1. [§19] Writ Granted and Rights Declared.
2. [§20] Writ Denied but Rights Declared.
3. [§21] Advisory Opinion.
4. [§22] Habeas Corpus Ad Prosequendum.
5. [§23] Coram Nobis and Coram Vobis.
C. Policy Limitations on Remedy.
1. [§24] Failure To Seek Relief in Lower Court.
2. Failure To Exhaust Other Remedy.

(a) [§25] General Rule and Illustrations.
(b) [§26] Applicability.
(c) Exceptions.
(2) [§28] Exercise of Discretion.
(3) [§29] Unusual Circumstances.
(4) [§30] Other Exceptions.
(d) Federal Habeas Corpus.
(1) Need To Exhaust State Remedies.
(aa) [§31] Requirement of Exhaustion.
(cc) [§33] Effect of Guilty Plea.
CHAPTER OUTLINES
(2) Exception: Cause and Actual Prejudice.

(aa) [§34] General Rule.
(bb) [§35] Meaning of “Cause and Prejudice.”
(cc) [§36] Where Petitioner Has Deliberately
Bypassed State Procedures or
Forfeited Right To Appeal.
(dd) [§37] Where Violation “Probably” Resulted
in Conviction of Innocent Person.
(3) [§38] Other Limitations on Federal Remedy.
(4) [§39] State Conformity to Federal Rule.
(5) [§40] Third-Party Application.
(6) [§41] Federal Remedy Criticized.
3. Successive Applications.
(a) [§42] Prior Application on Same Ground.
(b) [§43] Special Rules for Federal Habeas Corpus.
4. [§44] Duty To Extradite.
D. Grounds.
1. In General.
(a) [§45] Distinction Between “Jurisdictional” and
“Procedural” Error.
(b) [§46] Nature of Procedural Error.
(c) [§47] Second Appeal.
(d) [§48] Evidence of Battered Women’s Syndrome.
2. Unlawful Restraint.
(b) [§50] Lack of Subject Matter Jurisdiction.
(c) Denial of Fundamental Rights.
(2) [§52] Denial or Impairment of Right to Counsel.
(d) Misuse of Evidence.
(1) [§53] Knowing Use of Perjury.
(2) [§54] Improper Admission of Evidence.

(3) [§55] Newly Discovered Evidence.
(4) [§56] Other Examples.
(e) [§57] Defects in Judgment or Sentence.
(f) [§58] Error in Death Penalty Trial.
3. Lawful Restraint Under Unlawful Conditions.

(a) [§59] Detention by Wrong Authority.
(b) [§60] Denial of Fundamental Rights.
(c) Excessive Sentence.
(2) [§62] Erroneous Determination of Habitual
Criminality.
(d) Refusal To Consider Conditions of Release.
(2) [§64] Parole.
(e) Orders Affecting Conditions of Release.
(2) [§66] Parole.
E. Procedure.
1. [§67] Overview.
1A. Special Procedures in Capital Cases.

(a) [§67A] (New) In General.
(b) [§67B] (New) Constitutionality.
(c) [§67C] (New) Rules and Forms.
2. Petition.
(b) [§69] Format in Reviewing Court.
(c) [§70] Required Averments.
(d) Prior Application and Delay.
CHAPTER OUTLINES
(2) [§72] Repetitious, Piecemeal, or Delayed Claims.

(3) [§73] Capital Cases.
(e) [§74] Service of Petition.
(f) [§75] Informal Response and Determination of
Petition.
3. Issuance of Writ or Order To Show Cause.

(b) [§77] Necessity of Issuing Writ or Order.
(c) [§78] Warrant in Lieu of Writ.
(d) [§79] Improper Investigation.
(e) [§80] Sanctions for Refusal To Obey.
4. [§81] Bail Pending Hearing.
5. [§82] Free Transcript.
6. [§83] Appointed Counsel.
7. Pleadings.
(b) [§85] Petition as Answer.
(c) [§86] Effect of Limited Information.
8. Production and Return.

(a) [§87] Production of Person.
(b) [§88] Form of Return.
(c) [§89] Failure To File Return.
(d) [§90] Where Return Is Filed in Reviewing Court.
9. Hearing.
(a) [§91] Nature.
(b) [§92] Failure To Offer Evidence.
(c) [§93] Scope of Review.
(d) [§94] Reference.
(e) [§95] Where Return Is Filed in Superior Court.
10. Decision.
(a) [§96] Party Entitled to Discharge.
(b) Party Not Entitled to Discharge.
(c) [§99] Finality and Further Proceedings in Reviewing
Court.
11. Appeal.
(a) [§100] Discharge or Other Relief After Conviction.
(b) [§101] Appeal and Petition for Review.
III. OTHER WRITS
A. [§102] Certiorari.
B. Prohibition.
1. [§103] Nature of Writ.
2. Grounds: Lack of or Excess of Jurisdiction.

(a) [§104] Jurisdictional Issues.
(b) [§105] Nonjurisdictional Issues.
3. Conditions for Issuance.

(a) [§106] Objection Was Raised in Lower Court.
(b) [§107] Remedy by Appeal Is Inadequate.
(c) [§108] Distinction: Remedy by Habeas Corpus.
4. Procedure.
(b) [§110] Time To Apply.
(c) [§111] Contents of Petition and Return.
CHAPTER OUTLINES
C. Mandamus.
1. Nature of Writ.
(b) [§113] Mandamus To Compel Trial Court To Dismiss
Action in Interest of Justice.
2. [§114] Performance of Mandatory Duty.
3. Setting Aside Invalid Judgment or Order.

(b) [§116] Enforcement of Discovery.
(c) [§117] Attack on Prior Conviction.
4. [§118] Conditions for Issuance.
D. [§120] Coram Vobis in Appellate Court.

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WITKIN CALIFORNIA CRIMINAL LAW

I. NATURE OF CRIMINAL LAW

C. [§3] Scope of Treatment.

D. [§4] Nature of Crime.

E. [§5] Necessity of Punishment.

F. [§6] Criminal, Civil, and Quasi-Criminal Proceedings.

H. [§8] No Common Law Crimes.

II. CRIMINAL STATUTES

B. [§10] Penal Code and Uniform Laws.

C. Ex Post Facto Laws.

1. [§11] Nature of Protection.

2. What Constitutes Ex Post Facto Law.

(d) [§15] Changes Involving Parole and Probation.

3. Valid Changes in Evidence and Procedure.

4. [§20] Ameliorative Changes.

5. [§21] Recidivist Statutes.

7. [§25] Other Valid Statutes.

8. Distinction: Retroactive Judicial Decision.

D. Rules of Statutory Construction.

2. [§30] Rule of Strict Construction Is Abolished.

3. Legislative Purpose Controls.

5. [§35] Rule of Ejusdem Generis.

6. [§36] Rule of Expressio Unius Est Exclusio Alterius.

7. Construction Favorable to Defendant.

8. [§40] Statute Is Considered as a Whole.

9. [§41] Construction Favoring Validity.

10. [§42] Title of Law.

11. [§43] Legislative History.

12. [§44] Amendment or Reenactment.

13. [§45] Particular Terms.

14. [§46] Other Rules.

1. [§47] General Rule.

2. Amendment Changing Procedure or Punishment.

F. Constitutional Requirement of Certainty.

G. Conflicting and Duplicating Statutes.

1. Municipal Ordinance and State Law.

2. Duplicating State Laws.

3. State and Federal Laws.

H. Repeal and Amendment.

1. Repeal and Saving Clause.

III. CLASSIFICATION OF CRIMES

B. [§87] Where Statute Is Not Express.

2. [§89] Where Court Fails To Enter Judgment.

1. [§91] Felony or Misdemeanor.

2. [§92] Misdemeanor or Infraction.

IV. PARTIES TO CRIME

A. Principals and Accessories.

2. Aiding and Abetting.

B. Crime Committed by Agent.

V. REFORM OF CRIMINAL LAW

A. [§119] Agencies and Projects of Reform.

B. [§120] Attitudes Toward Criminal Justice.

C. Compensation of Private Citizens.

1. [§121] Victims of Crime.

2. [§122] Other Persons.

D. [§123] Compensation of Persons Erroneously Convicted.

E. Victims’ Bill of Rights (Proposition 8).

1. [§124] Constitutional Provisions and Statutes.

2. [§125] Declaration of Intent.

3. [§126] Enumerated Rights.

4. [§127] Constitutional Challenges.

F. Crime Victims Justice Reform Act (Proposition 115).

1. [§129] Constitutional Provisions and Statutes.