§ 654 (a) An act or omission that is punishable in different ways by …
§ 654.1 It shall be unlawful for any person, acting individually or as an …
§ 654.2 The provisions of Section 654.1 of the Penal Code shall not apply to …
§ 654.3 Violation of Section 654.1 shall be a misdemeanor, and upon first …
§ 655 An act or omission declared punishable by this Code is not less so …
§ 656 Whenever on the trial of an accused person it appears that upon a …
§ 656.5 Any person convicted of a crime based upon an act or omission for …
§ 656.6 No international treaties or laws shall be violated to secure the …
§ 657 A criminal act is not the less punishable as a crime because it is …
§ 658 When it appears, at the time of passing sentence upon a person …
§ 659 Whenever an act is declared a misdemeanor, and no punishment for …
§ 660 In the various cases in which the sending of a letter is made …
§ 661 In addition to the penalty affixed by express terms, to every neglect …
§ 662 No person is punishable for an omission to perform an act, where such …
§ 663 Any person may be convicted of an attempt to commit a crime, although …
§ 664 Every person who attempts to commit any crime, but fails, or is …
§ 665 Sections 663 and 664 do not protect a person who, in attempting …
§ 666 (a) Notwithstanding Section 490, any person described in …
§ 666.5 (a) Every person who, having been previously convicted of a …
§ 667 (a) (1) A person convicted of a serious felony who …
§ 667.1 (a) Notwithstanding subdivision (h) of Section 667, for all …
§ 667.2 (a) The Legislature finds and declares that assisting offenders …
§ 667.5 Enhancement of prison terms for new offenses because of prior prison …
§ 667.51 (a) A person who is convicted of violating Section 288 or 288.5 …
§ 667.6 (a) A person who is convicted of an offense specified in …
§ 667.61 (a) Except as provided in subdivision (j), (l), or (m), a person …
§ 667.7 (a) Any person convicted of a felony in which the person …
§ 667.70 v2 Any person who is convicted of murder, which was committed prior to …
§ 667.71 (a) For the purpose of this section, a habitual sexual offender …
§ 667.75 Any person convicted of a violation of Section 11353, 11353.5, 11361, …
§ 667.8 (a) Except as provided in subdivision (b), a person convicted of …
§ 667.85 Any person convicted of a violation of Section 207 or 209, who …
§ 667.9 (a) A person who commits one or more of the crimes specified in …
§ 667.95 In sentencing a person convicted of a violent felony listed in …
§ 667.10 v2 (a) Any person who has a prior conviction of the offense set …
§ 667.15 Any adult who, prior to or during the commission or attempted …
§ 667.16 (a) Any person convicted of a felony violation of Section 470, …
§ 667.17 Any person who violates the provisions of Section 538d during the …
§ 668 Every person who has been convicted in any other state, government, …
§ 668.5 An offense specified as a prior felony conviction by reference to a …
§ 669 (a) When a person is convicted of two or more crimes, whether in …
§ 670 (a) Any person who violates Section 7158 or 7159 of, or …
§ 672 Upon a conviction for any crime punishable by imprisonment in any …
§ 673 It shall be unlawful to use in the reformatories, institutions, …
§ 674 (a) Any person who is a primary care provider in a day care …
§ 675 (a) Any person suffering a felony conviction for a violation of …
§ 678 Whenever in this code the character or grade of an offense, or its …

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Terms Used In California Codes > Penal Code > Part 1 > Title 16 - GENERAL PROVISIONS

  • Acquittal:
    1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
    2. A verdict of "not guilty."
     
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affinity: signifies the connection existing in consequence of marriage, between each of the married persons and the blood relatives of the other when applied to the marriage relation. See California Code of Civil Procedure 17
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Allegation: something that someone says happened.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • City: includes "city and county" and "incorporated town" but does not include "unincorporated town" or "village. See California Government Code 20
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • county: includes "city and county". See California Penal Code 7
  • County: includes city and county. See California Government Code 19
  • County: includes "city and county. See California Code of Civil Procedure 17
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Ex officio: Literally, by virtue of one's office.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • legislative body: means board of trustees, city council, or other governing body of a city. See California Government Code 34000
  • Lineal descendant: Direct descendant of the same ancestors.
  • mandatory supervision: shall mean the portion of a defendant's sentenced term during which time he or she is supervised by the county probation officer pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170. See California Penal Code 19.9
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Oath: A promise to tell the truth.
  • Oath: includes affirmation. See California Government Code 15
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • peace officer: signify any one of the officers mentioned in Chapter 4. See California Penal Code 7
  • Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
  • person: includes a corporation as well as a natural person. See California Penal Code 7
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Process: signifies a writ or summons issued in the course of a judicial proceeding. See California Code of Civil Procedure 17
  • Property: includes both personal and real property. See California Code of Civil Procedure 17
  • property: includes both real and personal property. See California Penal Code 7
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Quorum: The number of legislators that must be present to do business.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Service of process: The service of writs or summonses to the appropriate party.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sheriff: includes marshal. See California Code of Civil Procedure 17
  • Spouse: includes "registered domestic partner" as required by §. See California Code of Civil Procedure 17
  • State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
  • state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the district and territories. See California Penal Code 7
  • Subpoena: A command to a witness to appear and give testimony.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Trustor: The person who makes or creates a trust. Also known as the grantor or settlor.
  • vessel: means a vessel as defined in subdivision (c) of §. See California Penal Code 7
  • Will: includes codicil. See California Code of Civil Procedure 17
  • will: includes codicil. See California Penal Code 7
  • willfully: when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. See California Penal Code 7
  • Writing: includes printing and typewriting. See California Code of Civil Procedure 17