California Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail

California does not group felonies into lettered classes; each statute sets its own term, usually as a 'triad' of lower, middle and upper terms. The default rule: "Except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a felony is punishable by imprisonment for 16 months, or two or three years in the state prison unless the offense is punishable pursuant to subdivision (h) of Section 1170" (in which case the term is served in county jail). Many offenses are 'wobblers' that can be charged as either a felony or a misdemeanor.

California has no misdemeanor classes. A misdemeanor is, by default, a crime punishable, at the discretion of the court, by imprisonment in a county jail for a period of no longer than 6 months or by a fine not exceeding $1,000 or by both; individual statutes may set other penalties. An infraction is a violation of a law not punishable by imprisonment but by a fine generally not exceeding $100 for violations of the Vehicle Code or $250 for violations of other codes.

Grand theft is committed where the value of the property taken exceeds $950; grand theft is a 'wobbler' that can be punished as either a felony or a misdemeanor. If the value exceeds $950 over multiple acts of theft, the values may be aggregated to charge a single count of grand theft (Penal Code § 490.3). Under Proposition 47 (Penal Code § 490.2), obtaining property by theft where the value does not exceed nine hundred fifty dollars ($950) shall be considered petty theft and shall be punished as a misdemeanor; petty theft is punishable by up to six months in county jail. With the passage of Proposition 36 in November 2024, prosecutors may charge repeat theft offenders with a felony instead of a misdemeanor (Penal Code § 666.1).

Stand your ground (case law and the standard jury instruction). California's pattern self-defense instruction tells jurors: "A defendant is not required to retreat. He or she is entitled to stand his or her ground and defend himself or herself and, if reasonably necessary, to pursue an assailant until the danger of (death/bodily injury/<insert crime>) has passed."

"Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred." Great bodily injury means a significant or substantial physical injury. Separately, Penal Code § 197 makes homicide justifiable when committed in defense of habitation, property, or person against one who manifestly intends or endeavors, by violence or surprise, to commit certain crimes.

There is no time limit for crimes punishable by death or life in prison (or life without parole) and for embezzlement of public money; certain serious sex offenses also have no limit. Crimes punishable by 8 years or more in prison must be charged within 6 years; other crimes punishable by state prison (or county jail under Section 1170(h)) within 3 years; and misdemeanors generally within one year, with longer periods for some listed misdemeanors.

Each county superior court adopts a bail schedule under Penal Code § 1269b; it fixes the amount on which a person arrested without a warrant may be released before appearing in court. After the first court appearance, the amount of bail is within the judge's discretion and may be higher or lower than the schedule, subject to Penal Code § 1275 and controlling case law, including In re Humphrey (2021) 11 Cal.5th 135. Persons not entitled to bail are those charged with capital crimes when the facts are evident or the presumption great; felonies involving acts of violence when the facts are evident or the presumption great and the court finds by clear and convincing evidence a substantial likelihood that release would result in great bodily harm to others; and felonies when the facts are evident or the presumption great and the court finds by clear and convincing evidence that the person threatened another with great bodily harm and would likely carry out the threat. For serious and violent felonies and certain domestic-violence and stalking offenses, release on bail in an amount other than the schedule requires a hearing in open court. At arraignment the judge may release a defendant on his or her own recognizance, release under supervision, set bail, or not set bail; typically, someone charged only with misdemeanors will be released on their own recognizance.

At the arraignment, if the defendant cannot afford a lawyer, the judge will appoint one, typically a public defender, free of charge. If the public defender cannot take the case or there is no public defender in the area, the court will usually appoint another lawyer.

18. Penal Code § 261.5 makes sexual intercourse with a minor (a person under 18) who is not the perpetrator's spouse a crime. If the minor is not more than three years younger than the perpetrator, it is a misdemeanor (§ 261.5(b)); if the minor is more than three years younger, it is a separate offense under § 261.5(c); unlawful intercourse with a minor under age 18 by a person over age 21 is covered by § 261.5(d).

Legal for adults (Proposition 64, Adult Use of Marijuana Act). People age 21 and older can possess, process, transport, purchase, obtain, or give away to other adults age 21 and older up to 28.5 grams of nonconcentrated cannabis or eight grams of concentrated cannabis, and grow six living plants. People with a physician's recommendation or approval can use and cultivate cannabis for personal medicinal purposes. For people under 21, Proposition 64 does not decriminalize marijuana offenses, but most become infractions with sanctions limited to drug education or counseling and community service (for a first-time possession under 28.5 grams, four hours of drug education and up to 10 hours of community service). Local ordinances may add rules.

Simple assault in California is an unlawful attempt, coupled with a present ability, to commit a violent injury on another person; no one needs to be touched or injured. Simple assault is a misdemeanor punishable by up to 6 months in county jail and/or a fine of up to $1,000 (higher fines apply when the victim is a peace officer, firefighter, emergency medical worker or other listed worker on duty). Assault with a deadly weapon other than a firearm, or by means of force likely to produce great bodily injury, can be charged as a misdemeanor or felony: 2, 3 or 4 years in state prison, or up to 1 year in county jail, and/or a fine of up to $10,000. Assault with a firearm can be charged as a misdemeanor or felony: 2, 3 or 4 years in state prison, or 6 months to 1 year in county jail, plus a fine of up to $10,000. Assault with a semiautomatic firearm is a felony carrying 3, 6 or 9 years in state prison.

California has a separate battery crime: any willful and unlawful use of force or violence on another person. The slightest touching can be enough if done in a rude or angry way, including indirectly through an object, and no pain or injury is required. Simple battery is a misdemeanor punishable by up to 6 months in county jail and/or a fine of up to $2,000. Battery that causes serious bodily injury can be charged as a misdemeanor or felony: up to 1 year in county jail, or 2, 3 or 4 years under Penal Code § 1170(h).

California has separate domestic violence crimes. Battery against a spouse or former spouse, cohabitant, fiancé(e), dating or engagement partner (current or former), or the other parent of the defendant's child is domestic battery, a misdemeanor punishable by up to 1 year in county jail and/or a fine of up to $2,000; any harmful or offensive touching is enough. Willfully inflicting a corporal injury on such a person that results in a 'traumatic condition' (a wound or other external or internal injury, minor or serious, including injury from strangulation or suffocation, caused by physical force) can be charged as a misdemeanor or felony: 2, 3 or 4 years in state prison, or up to 1 year in county jail, and/or a fine of up to $6,000. With a prior conviction within 7 years for this crime or certain assaults or batteries, the range is up to 1 year in county jail or 2, 4 or 5 years in state prison, and/or a fine of up to $10,000; with a prior domestic battery conviction within 7 years, 2, 3 or 4 years or up to 1 year in county jail, and/or a fine of up to $10,000. Stalking a person after a felony conviction for corporal injury, violating a protective order or criminal threats can be charged as a misdemeanor or as a felony of 2, 3 or 5 years.

Obtaining property by theft worth $950 or less is petty theft, a misdemeanor punishable by up to six months in county jail and/or a fine of up to $1,000. Entering a commercial establishment during business hours intending to steal property worth $950 or less is the separate crime of shoplifting, a misdemeanor (up to 6 months in county jail and/or a $1,000 fine); a person with a prior conviction for certain very serious offenses or who must register as a sex offender can instead be sentenced to 16 months, 2 or 3 years under Penal Code § 1170(h). Since Proposition 36 took effect December 18, 2024, petty theft or shoplifting by a person with two or more prior theft-related convictions (no matter how old) can be charged under Penal Code section 666.1 as a misdemeanor or felony (up to 1 year in county jail or 16 months, 2 or 3 years; a later § 666.1 conviction can bring state prison), and the values of multiple thefts can be added together to reach the $950 grand-theft threshold.

Burglary is entering a house, room, shop, store, other building, locked vehicle or other listed structure with intent to commit theft or a felony; the crime is complete on entry even if nothing is taken. Burglary of an inhabited dwelling (or the inhabited part of another building, or an inhabited vessel, floating home or trailer coach) is first degree burglary and carries 2, 4 or 6 years in state prison. All other burglary is second degree and can be charged as a misdemeanor or felony: up to 1 year in county jail, or 16 months, 2 or 3 years under Penal Code § 1170(h). Robbery is taking property from another person or their immediate presence, against their will, by force or fear. First degree robbery (including robbery in an inhabited dwelling, of a bus or taxi driver or passenger, or of a person using an ATM) carries 3, 4 or 6 years, and second degree robbery carries 2, 3 or 5 years; first degree robbery in an inhabited dwelling committed with two or more others carries 3, 6 or 9 years.

Vandalism is maliciously defacing with graffiti or other inscribed material, damaging, or destroying someone else's real or personal property. If the damage is less than $400, it is a misdemeanor punishable by up to 1 year in county jail and/or a fine of up to $1,000 (up to $5,000 with a prior vandalism or graffiti conviction). If the damage is $400 or more, it can be charged as a misdemeanor or felony: up to 1 year in county jail or 16 months, 2 or 3 years under Penal Code § 1170(h), and/or a fine of up to $10,000 (up to $50,000 if the damage is $10,000 or more).

California's trespass statute lists many specific forms of trespass, most of them misdemeanors punishable by up to 6 months in county jail and/or a fine of up to $1,000. For example, entering someone else's land to injure property or to interfere with a lawful business carried on there is trespass, as is entering and occupying someone else's property without consent. Entering or remaining in someone else's home without consent is a separate misdemeanor; if a resident or other authorized person is present, it is aggravated trespass, punishable by up to 1 year in county jail and/or a fine of up to $1,000.

Simple possession of a controlled substance (knowingly possessing a usable amount of a drug, knowing its nature) is generally a misdemeanor punishable by up to 1 year in county jail; a person with a prior conviction for certain very serious offenses or who must register as a sex offender is instead sentenced under Penal Code § 1170(h) (16 months, 2 or 3 years). Penal Code section 1000 drug diversion may be available. Since Proposition 36 (effective December 18, 2024), possessing a 'hard drug' (generally a Schedule I or II drug, including methamphetamine) by a person with two or more prior drug convictions of listed kinds is a 'treatment-mandated felony' under Health and Safety Code section 11395: a first conviction is punishable by up to 1 year in county jail or 16 months, 2 or 3 years under § 1170(h), and a later conviction by up to 1 year in county jail or state prison. The defendant may choose treatment instead, and the charge is dismissed after successful completion; jail or prison can be imposed only if the court finds the person not eligible or suitable for treatment or another listed circumstance applies.

A driver involved in a crash that injures or kills someone must immediately stop, give reasonable assistance to anyone injured, and give their name, current address, vehicle registration number and the owner's name and address to the person struck (or the other driver or occupants) and to any officer at the scene. Leaving the scene of an injury crash can be charged as a misdemeanor or felony: up to 1 year in county jail or 16 months, 2 or 3 years in state prison, and/or a fine of $1,000 to $10,000. If the crash caused death or permanent, serious injury, the range is 90 days to 1 year in county jail or 2, 3 or 4 years in state prison, and/or a fine of $1,000 to $10,000. A driver in a crash that damages only property must stop and either give their name and address to the owner or leave a note and notify the police or CHP; failing to do so is a misdemeanor punishable by up to 6 months in county jail and/or a fine of up to $1,000.

Reckless driving is driving a vehicle on a highway or in an off-street parking facility with willful or wanton disregard for the safety of persons or property; speeding alone does not prove it. It is a misdemeanor punishable by 5 to 90 days in county jail and/or a fine of $145 to $1,000. Reckless driving that causes bodily injury to someone else carries 30 days to 6 months in county jail and/or a fine of $220 to $1,000. If it causes certain serious injuries (such as loss of consciousness, a concussion, a broken bone or serious disfigurement), or causes great bodily injury by a driver with a prior reckless driving or DUI conviction, it can be charged as a misdemeanor or felony (16 months, 2 or 3 years under Penal Code § 1170(h)).

Stalking is willfully and maliciously harassing, or willfully, maliciously and repeatedly following, another person and making a credible threat intended to put that person in reasonable fear for their safety or their immediate family's safety; the threat can be oral, written, electronic or implied by conduct. Stalking can be charged as a misdemeanor (up to 1 year in county jail and/or a fine of up to $1,000) or as a felony (16 months, 2 or 3 years in state prison). Stalking in violation of a restraining order or other court order is a felony carrying 2, 3 or 4 years. Stalking by someone with a prior felony conviction for domestic corporal injury, violating a protective order or criminal threats can be charged as a misdemeanor or as a felony of 2, 3 or 5 years, and stalking by someone with a prior felony stalking conviction carries 2, 3 or 5 years.

Willfully resisting, obstructing or delaying a peace officer, public officer or emergency medical technician who is lawfully performing their duties, when the person knows or should know the officer is doing so, is a misdemeanor punishable by up to 1 year in county jail and/or a fine of up to $1,000. Willfully resisting a peace officer in a way that causes the officer's death or serious bodily injury can be charged as a misdemeanor or felony (2, 3 or 4 years under Penal Code § 1170(h), and/or a fine of $1,000 to $10,000). Willfully fleeing a pursuing police vehicle showing a lighted red lamp and sounding a siren is a misdemeanor punishable by up to 1 year in county jail. Evading while driving with willful or wanton disregard for safety (including causing property damage or committing three or more point-count traffic violations) can be charged as a misdemeanor or felony: 6 months to 1 year in county jail or 16 months, 2 or 3 years in state prison, and/or a fine of $1,000 to $10,000. Evading that causes serious bodily injury can be charged as a misdemeanor or as a felony of 3, 5 or 7 years, and evading that causes a death is a felony of 4, 6 or 10 years.

Missing court after being released can be a separate crime in California. A person released on their own recognizance (O.R.) on a felony charge who willfully fails to appear in order to evade the court (Pen. Code § 1320(b)), or a person released on bail on a felony charge who does so (§ 1320.5), can be charged with a misdemeanor or felony: up to 1 year in county jail or 16 months, 2 or 3 years under Penal Code § 1170(h), and/or a fine of up to $5,000 (O.R.) or $10,000 (bail). Failing to appear within 14 days of the assigned date is presumed (O.R.) or may be found (bail) to show intent to evade the court. Willfully failing to appear after O.R. release on a misdemeanor charge is itself a misdemeanor (§ 1320(a)), punishable by up to 6 months in county jail and/or a fine of up to $1,000.

If a probation, parole or peace officer has probable cause to believe a person on probation, mandatory supervision or postrelease community supervision is violating a condition, the officer may rearrest the person without a warrant, or the court may issue a warrant. The court (on its own motion), the probation officer, the district attorney or the supervised person can ask the court to modify, revoke or terminate supervision, and a supervising agency can use the Judicial Council's Petition for Revocation (form CR-300); the court in the county where the person is supervised hears it. The court may revoke supervision if the interests of justice require and it has reason to believe the person violated a condition or committed new offenses, but supervision may not be revoked solely for failing to pay restitution, fines or fees unless the person willfully failed to pay and was able to. On a violation the judge may make any disposition authorized by statute and, in deciding whether to permanently revoke, may consider the nature of the violation and the person's past performance on supervision. If supervision is revoked and the judge sends the person to prison or county jail, a previously suspended imposition of sentence is decided based on circumstances when supervision was granted, and a previously suspended execution of sentence is ordered into effect.

Willfully resisting, obstructing or delaying a peace officer, public officer or emergency medical technician who is lawfully performing their duties, knowing (or when you reasonably should know) who they are, is a misdemeanor under Penal Code § 148(a), punishable by up to 1 year in county jail and/or a fine of up to $1,000. Knowingly and maliciously trying to prevent or discourage a witness or crime victim from testifying, reporting a crime, helping a prosecution or causing an arrest ('dissuading' or intimidating a witness, § 136.1(a)-(b)) can be charged as a misdemeanor (up to 1 year in county jail) or a felony (16 months, 2 or 3 years in state prison); it is a felony of 2, 3 or 4 years when done knowingly and maliciously by force or threat of force, for money or other consideration, as part of a conspiracy, or by someone with a prior conviction for this crime (§ 136.1(c)).

Perjury is willfully stating as true something you know is false, on a material matter, while under oath or under penalty of perjury (including in a signed declaration). It is a felony punishable by 2, 3 or 4 years.

Being drunk or high in public is a crime in California, charged as disorderly conduct, a misdemeanor, under Penal Code § 647(f), punishable by up to 6 months in county jail and/or a fine of up to $1,000. It requires that the person was willfully under the influence of alcohol, a drug or a controlled substance in a public place and either could not care for their own (or others') safety or, because of the intoxication, blocked or interfered with the free use of a street, sidewalk or other public way. A public place is one open and accessible to anyone who wants to go there. When reasonably able, a peace officer must instead place the person in civil protective custody at a designated facility for 72-hour treatment and evaluation (with exceptions, such as for people under the influence of drugs); a person placed in civil protective custody cannot later be prosecuted for the same facts.

California's 'disturbing the peace' offense (Penal Code § 415) covers unlawfully fighting or challenging someone to fight in a public place, maliciously and willfully disturbing another person with loud and unreasonable noise, and using offensive words in a public place that are inherently likely to provoke an immediate violent reaction; for noise, there must be a clear and present danger of immediate violence or the noise must be used to disrupt lawful activities rather than to communicate. It is punishable by up to 90 days in county jail and/or a fine of up to $400. Separate 'disorderly conduct' misdemeanors in Penal Code § 647 include being drunk or high in public and prostitution.

Indecent exposure is willfully exposing one's genitals in the presence of someone who might be offended or annoyed, lewdly intending to direct attention to them to sexually arouse or gratify oneself or another, or to sexually offend; no one has to actually see the genitals. A first offense is a misdemeanor (generally up to 6 months in jail and a $1,000 fine). With a prior conviction it can be punished as a felony of 16 months, 2 or 3 years.

Prostitution in California (Penal Code § 647(b)) covers engaging in sexual intercourse or a lewd act with someone in exchange for money or other compensation, agreeing to do so, and soliciting someone to do so; both the prostitute and the customer are engaged in prostitution. It is disorderly conduct, a misdemeanor, generally punishable by up to 6 months in county jail and/or a fine of up to $1,000. An adult who solicits a minor (knowing or when they should have known the person was a minor) faces 2 days to 1 year in county jail and/or a fine of up to $10,000; if the minor was under 16, was a trafficking victim, or was more than 3 years younger than the adult, it can also be punished as a felony of 16 months, 2 or 3 years, and a repeat violation of that kind is a felony. Minors themselves are not prosecuted for prostitution. Pimping and pandering are felonies (3, 4 or 6 years when the person is an adult or a minor 16 or older).

Bookmaking or pool selling (taking even a single bet on an uncertain future event, such as a sporting contest) is a crime in California. A first offense can be charged as a misdemeanor or felony: up to 1 year in county jail or 16 months, 2 or 3 years in state prison, and/or a fine of up to $5,000. Repeat offenses carry minimum fines starting at $1,000.

Embezzlement is the fraudulent appropriation of property by a person to whom it was entrusted, and it is punished as theft in California: an owner entrusted property to the defendant because they trusted them, and the defendant fraudulently converted or used it for their own benefit, intending to deprive the owner of it (even temporarily). A good-faith belief in authority to use the property is a defense. It is punished like theft of property of the same value: grand theft when the value exceeds $950, which can be charged as a misdemeanor or felony (up to 1 year in county jail or 16 months, 2 or 3 years under Penal Code § 1170(h)), and petty theft at $950 or less, a misdemeanor punishable by up to 6 months in county jail and/or a fine of up to $1,000. Embezzlement of public funds is a felony punishable by state prison, and the person can never again hold public office in California.

Identity theft (Penal Code § 530.5(a)) is willfully obtaining someone else's personal identifying information and using it for an unlawful purpose (such as obtaining credit, goods, services, real property or medical information) without their consent; no one has to actually lose money. It can be charged as a misdemeanor or felony: up to 1 year in county jail and/or a fine, or 16 months, 2 or 3 years under Penal Code § 1170(h). Acquiring or keeping someone's identifying information with intent to defraud is a misdemeanor (up to 1 year in county jail and/or a fine), but it can be charged as a felony (16 months, 2 or 3 years) after a prior conviction under this section or when the information of 10 or more people is involved. Selling or transferring someone's identifying information with intent to defraud can also be charged either way. Misuse of access (credit) cards is covered by Penal Code §§ 484e-484g.

Forgery (Penal Code § 470) includes signing someone else's or a false name without authority, or falsely making or altering a document, with intent to defraud; no one has to actually lose anything. Passing or possessing a fictitious or altered check with intent to defraud is also forgery (§ 476). Forgery can be charged as a misdemeanor or felony: up to 1 year in county jail or 16 months, 2 or 3 years under Penal Code § 1170(h). Forgery of a check, bond, bank bill, note, cashier's check, traveler's check or money order worth $950 or less is a misdemeanor punishable by up to 1 year in county jail, unless the person has a prior conviction for certain very serious offenses or must register as a sex offender, or is also convicted of identity theft (§ 473(b)). Writing a check with intent to defraud knowing there are not enough funds is a separate crime (§ 476a) that can be charged either way; if the checks total $950 or less, it is generally punishable only by up to 1 year in county jail, unless the person has specified prior convictions (including three or more prior forgery or bad-check convictions).

Blackmail is extortion in California: using force, or threatening to unlawfully injure a person or property, accuse someone (or their relative) of a crime, or expose a secret or disgrace, to get someone's consent to hand over money, property or anything of value (including sexual conduct or intimate images) or to do an official act. Extortion is a felony punishable by 2, 3 or 4 years.

Murder is the unlawful killing of a human being, or a fetus, with malice aforethought. First-degree murder includes killings by explosive or destructive device, poison, lying in wait, torture or any other willful, deliberate and premeditated killing, killings during listed felonies such as arson, rape, carjacking, robbery, burglary, mayhem or kidnapping (felony murder, limited to actual killers, intent-to-kill aiders, and major participants acting with reckless indifference), and drive-by shootings; all other murders are second degree. First-degree murder is punished by death, life without parole, or 25 years to life. Second-degree murder carries 15 years to life, 25 to life when an on-duty peace officer is killed, and life without parole for some peace officer killings.

Manslaughter is an unlawful killing without malice. Voluntary manslaughter (sudden quarrel or heat of passion) carries 3, 6 or 11 years in state prison; involuntary manslaughter (an unlawful act not amounting to a felony, or a lawful act done without due caution, not involving driving) carries 2, 3 or 4 years under Penal Code 1170(h). Vehicular manslaughter with gross negligence is punishable by up to 1 year in county jail or 2, 4 or 6 years in prison; without gross negligence by up to 1 year in jail; and a staged crash for insurance money that kills someone by 4, 6 or 10 years. Gross vehicular manslaughter while intoxicated carries 4, 6 or 10 years (15 years to life with listed prior convictions), and vehicular manslaughter while intoxicated without gross negligence carries up to 1 year in jail or 16 months, 2 or 4 years.

Willfully causing or permitting a child to suffer, inflicting unjustifiable physical pain or mental suffering, or, as a caregiver, allowing a child to be injured or placed where the child's health is endangered, under circumstances likely to produce great bodily harm or death, is a 'wobbler' punishable by up to 1 year in county jail or 2, 4 or 6 years in state prison. The same conduct under other circumstances is a misdemeanor. Anyone granted probation must serve at least 48 months of probation and complete at least one year of a child abuser's treatment program, among other conditions. Contributing to the delinquency of a minor (acts or omissions that cause or encourage a child under 18 to become a dependent or ward of the juvenile court) is a misdemeanor punishable by up to $2,500 and/or 1 year in county jail, or up to 5 years' probation.

Arson is willfully and maliciously setting fire to or burning (or helping to burn) any structure, forest land or property. Arson causing great bodily injury carries 5, 7 or 9 years in state prison; arson causing an inhabited structure or inhabited property to burn carries 3, 5 or 8 years; arson of a structure or forest land carries 2, 4 or 6 years; and arson of other property carries 16 months, 2 or 3 years (burning your own personal property is not arson unless meant to defraud or it injures someone or their property). Recklessly causing a fire ('unlawfully causing a fire') is a lesser offense, ranging from a felony or jail term when it causes great bodily injury or burns an inhabited structure down to a misdemeanor for burning property.

Maliciously and intentionally maiming, mutilating, torturing, wounding or killing an animal, and overworking, tormenting, cruelly beating, depriving an animal of food, water or shelter, or otherwise subjecting an animal in one's care to needless suffering, are 'wobblers': punishable as a felony under Penal Code 1170(h) (16 months, 2 or 3 years in county jail) and/or a fine up to $20,000, or as a misdemeanor with up to 1 year in county jail and/or a fine up to $20,000. After a misdemeanor cruelty conviction a person may not own, possess, care for or live with any animal for 5 years, and after a felony conviction for 10 years, punishable by a $1,000 fine (with limited exceptions such as livestock owners).

Under Penal Code 647(j)(4), it is disorderly conduct, a misdemeanor, to intentionally distribute an image of another identifiable person's intimate body parts or sexual acts when the distributor knows or should know it will cause serious emotional distress, the person suffers that distress, and the image was meant to stay private, was obtained without authorization where there was an expectation of privacy, or was taken by exceeding authorized access to the person's accounts or files; creating and distributing a realistic fake (computer-generated) intimate image under the same conditions is also covered, except by people under 18. The default misdemeanor penalty is up to 6 months in jail and/or $1,000; a second offense, or one against a minor victim, is punishable by up to 1 year and/or $2,000. Victims may also sue under Civil Code 1708.85 when someone intentionally distributes private intimate images without consent.

California's Penal Code 653.2 makes it a misdemeanor (up to 1 year in county jail and/or $1,000) to electronically post or send another person's personal identifying information, image or harassing messages, without consent, intending to place them in reasonable fear for their safety and to get third parties to contact, injure or harass them. For schools, the Education Code makes 'bullying,' including severe or pervasive acts by electronic means and 'cyber sexual bullying,' grounds for suspending or expelling a pupil; that school-discipline law does not carry a criminal penalty.

The Education Code treats 'cyber sexual bullying' (a pupil sending or urging others to send a nude, semi-nude or sexually explicit photo or video of an identifiable minor to another pupil or school staff, causing the harms listed in the bullying definition) as grounds for school suspension or expulsion. The Penal Code's ban on distributing realistic fake intimate images (Penal Code 647(j)(4)(A)(ii)) expressly does not apply to a person who was under 18 at the time.

Money laundering is conducting transactions through financial institutions involving monetary instruments worth more than $5,000 within 7 days, or more than $25,000 within 30 days, either to promote criminal activity or knowing the money comes from criminal activity. It is punishable by up to 1 year in county jail or a felony term under Penal Code 1170(h) (16 months, 2 or 3 years), plus a fine up to $250,000 or twice the value laundered, whichever is greater (up to $500,000 or five times the value for a repeat conviction). For felony sentences, extra consecutive terms are added by amount: 1 year for more than $50,000, 2 years for more than $150,000, 3 years for more than $1 million, and 4 years for more than $2.5 million.

Depriving or violating someone's personal liberty to obtain forced labor or services is human trafficking, punished by 5, 8 or 12 years in state prison and a fine up to $500,000. Doing so to commit sex offenses such as pimping, pandering, child pornography or extortion carries 8, 14 or 20 years and up to $500,000. Causing, inducing or persuading a minor to engage in a commercial sex act carries 5, 8 or 12 years, or 15 years to life when force, fear, fraud, coercion, violence or threats are involved; a minor's consent and mistake about the minor's age are not defenses.

Drivers must yield to pedestrians in marked crosswalks and unmarked crosswalks at intersections, and pedestrians may not suddenly step into the path of a close vehicle or needlessly delay traffic in a crosswalk. A pedestrian outside a crosswalk must yield to vehicles so near as to be an immediate hazard, and between adjacent intersections controlled by signals or police, pedestrians may cross only in a crosswalk. Since January 1, 2023 (the 'Freedom to Walk' changes), a peace officer may not stop a pedestrian for these crossing violations unless a reasonably careful person would realize there was an immediate danger of a collision. Pedestrian violations of the Vehicle Code are infractions with a fine of up to $50.

Drivers and passengers may not drink alcohol in a vehicle on a highway, and neither the driver nor any passenger may possess an opened bottle, can or other container of alcohol (including one with a broken seal or partly emptied) while in a vehicle on a highway. The registered owner (or the driver if the owner is absent) must keep any open container in the trunk, or in vehicles without a trunk in an area not normally occupied by the driver or passengers (a glove or utility compartment does not count). Passengers in a for-hire bus, taxi, limousine or pedicab and people in the living quarters of a housecar or camper are exempt. These violations are infractions (fine up to $100 for a first offense, $200 and $250 for repeats within a year).

A person under 21 who buys alcohol, or drinks alcohol in a bar or other on-sale premises, or possesses alcohol on a street, highway or any public place, commits a misdemeanor punished by a $250 fine or 24 to 32 hours of community service (up to $500 or 36 to 48 hours for a repeat). Presenting a false or borrowed ID to buy alcohol, or possessing a fake ID, by a person under 21 carries the same penalties. These offenses may also be charged as infractions. A driver under 21 may not knowingly carry alcohol in a vehicle, and a passenger under 21 may not possess it, unless accompanied by a parent, guardian or designated adult or working for a licensee; this is a misdemeanor (up to 6 months and/or $1,000), and the vehicle may be impounded for up to 30 days. For listed alcohol and drug offenses committed at ages 13 to 20, the court must suspend the driving privilege for one year (or delay a first license by one year).

Knowingly driving while your license is suspended or revoked for reckless or negligent driving or for being unfit to drive is a misdemeanor: 5 days to 6 months in county jail plus a $300 to $1,000 fine for a first conviction, and 10 days to 1 year plus $500 to $2,000 for a repeat within 5 years. When the suspension is for any other reason, a first conviction brings up to 6 months in jail and/or a $300 to $1,000 fine, and a repeat within 5 years brings 5 days to 1 year plus $500 to $2,000; that lesser offense may also be charged as an infraction. When the suspension or revocation was for DUI or a related reason, a first conviction requires 10 days to 6 months in jail and a $300 to $1,000 fine, and a repeat within 5 years 30 days to 1 year, with extra penalties for habitual traffic offenders. Knowledge is presumed once the DMV has mailed notice.

No one may drive a motor vehicle on a highway without holding a valid California driver's license, unless expressly exempted; the offense may be charged as a misdemeanor or, at the prosecutor's or court's option, as an infraction. A licensed driver must have the license in immediate possession while driving; that charge must be dismissed if the driver shows the court a license that was valid at the time (the court has discretion on a third or later charge), and refusing to show a license to an officer on demand is a misdemeanor.

Carrying a switchblade knife (including spring-blade and gravity knives) with a blade 2 inches or longer on the person, keeping one in the passenger or driver area of a vehicle in a public place, or selling or giving one away is a misdemeanor; one-hand opening knives with a thumb stud and a detent are not switchblades. Carrying a concealed dirk or dagger (a knife capable of ready use as a stabbing weapon; a folding knife counts only when open and locked) is a 'wobbler' punishable by up to 1 year in county jail or a felony term. Making, selling or possessing ballistic knives and disguised knives such as air gauge knives is likewise punishable by up to 1 year or a felony term. Bringing a dirk, dagger, ice pick, any knife with a blade longer than 2.5 inches, a locking folding knife or an unguarded razor onto K-12 school grounds is punishable by up to 1 year in county jail or a felony term.

Only State Fire Marshal-approved 'safe and sane' fireworks may be sold to the public, and only by licensed retailers from noon June 28 through noon July 6. Retailers may not sell safe and sane fireworks to anyone under 16, no one may give dangerous fireworks to anyone under 18, and possessing dangerous fireworks without a permit is unlawful. Violations are misdemeanors with a $1,000 to $2,000 fine and/or up to 1 year in county jail; possessing larger amounts of dangerous fireworks brings fines of $2,000 to $10,000 (25-100 lbs), $10,000 to $20,000 (100-5,000 lbs) and $20,000 to $100,000 (over 5,000 lbs), with possible felony terms over 100 lbs. Fire protection districts may prohibit or regulate the sale and use of fireworks by ordinance, and a city or county fireworks ordinance prevails over the district's within that city or county.

Kidnapping (moving someone by force or fear into another place) is a felony punished by 3, 5 or 8 years in state prison, or 5, 8 or 11 years if the victim is under 14. Kidnapping for ransom, reward or extortion is punished by life without parole if the victim dies, suffers bodily harm or is exposed to a substantial likelihood of death, and otherwise by life with the possibility of parole; kidnapping to commit robbery, rape or certain other sex crimes is life with the possibility of parole. Holding someone against their will without moving them is false imprisonment: up to 1 year in county jail and/or a $1,000 fine, but if done by violence, menace, fraud or deceit it is punishable as a felony under Pen. Code 1170(h) (16 months, 2 or 3 years in county jail).

Threatening to kill or seriously injure someone is the crime of 'criminal threats.' It applies when a person willfully threatens a crime that would cause death or great bodily injury, intends the statement (spoken, written or electronic) to be taken as a threat, and the threat is so clear and immediate that it puts the victim in reasonable, sustained fear for their own or their immediate family's safety, even if the person never meant to carry it out. It is punishable by up to 1 year in county jail or by state prison, so it can be charged as a misdemeanor or felony; a felony with no stated term is 16 months, 2 or 3 years. Threatening a state constitutional officer, legislator or judge may be treated as an aggravating factor.

Taking or driving someone else's vehicle without consent, intending to deprive the owner of it even temporarily ('joyriding' or unlawful taking), is punishable by up to 1 year in county jail or a felony term under Pen. Code 1170(h), and/or a fine up to $5,000, so it can be charged as a misdemeanor or felony. It is a felony of 2, 3 or 4 years (fine up to $10,000) if the vehicle is an ambulance or marked police or fire vehicle on an emergency call, or a vehicle modified for a disabled person. Stealing an automobile is also grand theft regardless of value, punishable by up to 1 year in county jail or under Pen. Code 1170(h). A person with a prior felony vehicle-theft conviction faces 2, 3 or 4 years and/or a $10,000 fine.

Buying, receiving, hiding or selling property while knowing it was stolen or obtained by theft or extortion is 'receiving stolen property.' If the property is worth more than $950, it is punishable by up to 1 year in county jail or a felony term under Pen. Code 1170(h) (16 months, 2 or 3 years), so it can be charged as a misdemeanor or felony. If the property is worth $950 or less, it is a misdemeanor punishable by up to 1 year in county jail, unless the person has a prior conviction for certain serious or violent offenses or a registrable sex offense. A person cannot be convicted of both stealing and receiving the same property.

California has a specific organized retail theft crime. It covers acting with others to steal merchandise from stores or online marketplaces to resell or return it, acting with two or more others to receive or possess such stolen merchandise, stealing as an agent of a group as part of an organized plan, and recruiting, organizing, directing or financing others to do so. If the theft or receiving happens on two or more occasions within 12 months and the merchandise totals more than $950, it is punishable by up to 1 year in county jail or a felony term under Pen. Code 1170(h), so it can be charged as a misdemeanor or felony; other theft or receiving violations are misdemeanors up to 1 year in county jail, while organizing or financing can be charged as a misdemeanor or felony regardless of value. Since December 18, 2024 (Proposition 36), the values of multiple thefts may be added together in one count to set the degree of theft.

Possessing drugs for sale or selling, transporting or giving them away are felonies served under Pen. Code 1170(h). Possessing narcotics such as heroin or cocaine for sale is 2, 3 or 4 years, and selling or transporting them is 3, 4 or 5 years; possessing other controlled substances such as methamphetamine for sale is 16 months, 2 or 3 years, and selling or transporting them is 2, 3 or 4 years. Manufacturing a controlled substance is 3, 5 or 7 years and a fine up to $50,000. Large quantities add extra prison terms: for heroin or cocaine, 3 years over 1 kilogram rising to 25 years over 80 kilograms; for methamphetamine, amphetamine or PCP, 3 years over 1 kilogram rising to 15 years over 20 kilograms; and for fentanyl, starting at 3 years over 28.35 grams (one ounce). There is no mandatory minimum sentence in these sections apart from the added weight terms.

It is illegal to get, or try to get, controlled substances or a prescription for them by fraud, deceit, misrepresentation or hiding a material fact (which covers 'doctor shopping'), to make false statements in a prescription or required record, or to pose as a doctor, pharmacist or other authorized person to get drugs. Knowingly doing so with Schedule II or certain other narcotic drugs is punishable under Pen. Code 1170(h) or by up to 1 year in county jail, so it can be charged as a misdemeanor or felony. Forging or altering a prescription for a narcotic drug, or getting or possessing a narcotic drug with a forged prescription, is punishable by 6 months to 1 year in county jail or by state prison.

California does not use the name 'vehicular assault'; injuring someone while driving under the influence is 'DUI causing injury.' It applies when a driver who is under the influence or at 0.08% BAC or more (0.04% in a commercial vehicle) breaks a traffic law or neglects a duty and that causes bodily injury to someone else. A first offense is punishable by state prison, or 90 days to 1 year in county jail, and a fine of $390 to $1,000, with a license suspension, so it can be charged as a misdemeanor or felony; a repeat within 10 years carries 120 days to 1 year in jail or state prison and $390 to $5,000. Reckless driving that causes listed injuries such as a concussion, broken bone or paralysis is punishable as a 1170(h) felony or by 30 days to 6 months in county jail.

Racing another car or a clock on a highway or in a parking facility (a 'speed contest') is a misdemeanor: 24 hours to 90 days in county jail and/or a $355 to $1,000 fine, plus 40 hours of community service, and the court may suspend the license for 90 days to 6 months. If the race injures someone else, it is 30 days to 6 months and/or $500 to $1,000; if it causes serious injuries such as a concussion or broken bone, it can also be punished as a felony under Pen. Code 1170(h). A second race within 5 years is 4 days to 6 months and $500 to $1,000. Exhibitions of speed, aiding a race, or blocking a road for one are misdemeanors up to 90 days and/or $500, and an officer may arrest the driver and impound the car for up to 30 days.

It is illegal to operate a boat, or water skis or a similar device, while under the influence of alcohol or drugs, with a blood alcohol level of 0.08% or more in a recreational vessel, or 0.04% or more in any other (for example commercial) vessel. A first offense is a misdemeanor punishable by up to 6 months in county jail and/or a $1,000 fine, and the court may order an alcohol or drug program. A second offense within 7 years of a prior boating or driving DUI conviction is up to 1 year in jail and/or $1,000. Boating under the influence that causes injury to another person is punishable by a 1170(h) felony term or 90 days to 1 year in county jail, plus a $250 to $5,000 fine.

Knowingly filing a false or fraudulent insurance claim, filing multiple claims for the same loss, or staging a car accident to make a claim is a felony punishable by 2, 3 or 5 years under Pen. Code 1170(h) and a fine up to $50,000 or double the amount of the fraud, whichever is greater. Other listed acts, such as certain false health-care claims and false statements supporting a claim, can be charged as a misdemeanor or felony when the amount is over $950 (2, 3 or 5 years and the same fines, or up to 1 year in jail and $10,000); at $950 or less they are misdemeanors (up to 6 months and/or $1,000) unless the claims add up to more than $950 within 12 months. Restitution must be ordered.

Lying or hiding facts to get public aid (such as CalWORKs and CalFresh) is a misdemeanor up to 6 months and $500. If the aid wrongly obtained totals more than $950, or the person files multiple applications or uses a fictitious person or false identity, it can be charged as a misdemeanor or felony (16 months, 2 or 3 years under Pen. Code 1170(h) and up to $5,000, or up to 1 year in jail and $1,000). Medi-Cal fraud by applicants or providers is punishable by county jail or 2, 3 or 5 years in state prison and a fine up to three times the fraud. Willful false statements to get unemployment benefits are punishable by up to 1 year in county jail or state prison and/or a fine up to $20,000.

Offering a bribe to a state executive officer, or to a member of a city council, board of supervisors or similar local body, is a felony of 2, 3 or 4 years in state prison and bars the person from holding office; a local member who accepts a bribe forfeits office. A state or local officer or employee who asks for or accepts a bribe faces 2, 3 or 4 years plus a restitution fine. Bribing a lower-level public employee is a misdemeanor if the thing offered is worth petty-theft value and a 1170(h) felony if it is worth grand-theft value. Commercial bribery (an employee taking money to secretly favor someone over the employer, or the person paying it) applies above $250: up to 1 year in county jail up to $1,000, and above $1,000 up to 1 year in jail or 16 months, 2 or 3 years in state prison.

Willfully failing to file a state income tax return, or filing a false return, with intent to evade tax is punishable by up to 1 year in county jail or state prison and/or a fine up to $20,000 plus prosecution costs, so it can be charged as a misdemeanor or felony. Willfully signing a false return under penalty of perjury, or helping prepare a fraudulent one, is a felony punishable by a fine up to $50,000 and/or imprisonment under Pen. Code 1170(h). For sales and use tax, filing a false return to evade tax is a misdemeanor ($1,000 to $5,000 fine and/or up to 1 year in jail), and evasion is a felony when unreported tax totals $25,000 or more in 12 months ($5,000 to $20,000 fine and/or 16 months, 2 or 3 years).

Rape (sexual intercourse without legal consent, including by force, violence, duress, menace or fear, or with a person unable to consent) is punished by 3, 6 or 8 years in state prison; rape by force of a child under 14 is 9, 11 or 13 years, and of a minor 14 or older is 7, 9 or 11 years. Forcible sexual penetration with a foreign object of an adult is a separate crime punishable by 3, 6 or 8 years (Pen. Code 289); forcible sodomy and oral copulation are also separate crimes (Pen. Code 286, 287). Sexual battery (touching an intimate part against someone's will while they are restrained, for sexual purposes) can be charged as a misdemeanor or felony: up to 1 year in county jail and $2,000, or 2, 3 or 4 years and $10,000; the misdemeanor form without restraint is up to 6 months and $2,000. Sex with a minor that is not forcible (unlawful sexual intercourse) is covered on the age-of-consent page.

A lewd or lascivious act with a child under 14 for sexual purposes is a felony of 3, 6 or 8 years in state prison, or 5, 8 or 10 years if done by force, violence, duress, menace or fear. With a child of 14 or 15 by someone at least 10 years older, it is 1, 2 or 3 years in state prison or up to 1 year in county jail, so it can be charged as a misdemeanor or felony. Continuous sexual abuse (three or more acts over at least three months by someone living with or having recurring access to a child under 14) is 6, 12 or 16 years. An adult who has intercourse or sodomy with a child 10 or younger faces 25 years to life, and for oral copulation or sexual penetration, 15 years to life. Annoying or molesting a child under 18 is a misdemeanor up to 1 year in county jail and/or a $5,000 fine.

Knowingly possessing or controlling images or video of a person under 18 engaged in sexual conduct, including digitally altered or AI-generated material, is punishable by state prison or up to 1 year in county jail and/or a $2,500 fine, so it can be charged as a misdemeanor or felony; with a prior conviction for this or a registrable sex offense it is a felony of 2, 4 or 6 years. Making, copying or distributing such material for commercial purposes is a felony of 2, 3 or 6 years or a fine up to $100,000; distributing it non-commercially to adults can be charged as a misdemeanor or felony, and distributing it to a minor is a felony. Using or persuading a minor to pose or model for such material for commercial purposes is a felony of 3, 6 or 8 years, and doing so without a commercial purpose is also a felony.

Contacting or communicating with a minor, in person or by phone, computer, text or any other means, knowing or having reason to know the person is a minor, with intent to commit kidnapping, rape, lewd acts, child sexual abuse material offenses or other listed sex crimes, is punished by the state prison term for an attempt to commit the intended crime; a repeat conviction adds a consecutive 5 years. Arranging a meeting with a minor, or someone believed to be a minor, for lewd purposes is a misdemeanor up to 1 year in county jail and/or a $5,000 fine (state prison with a prior registrable sex conviction). Actually going to the arranged meeting is a felony of 2, 3 or 4 years in state prison.

People convicted of listed sex offenses (including rape, sexual battery, lewd acts with a child, child sexual abuse material and online luring offenses) must register with the local police or sheriff within five working days of moving into or within a city or county, and keep registering while they live, work or attend school in California. Registration is tiered: tier one (most misdemeanors and non-serious, non-violent felonies) for at least 10 years, tier two (serious or violent felonies and some others) for at least 20 years, and tier three for life (for example sexually violent predators, people convicted of certain child offenses such as continuous abuse, and high-risk offenders); the duty can end only through the termination process. Willfully failing to register is a misdemeanor up to 1 year in county jail when the registration is based on a misdemeanor; when based on a felony, or after a prior failure-to-register conviction, it is a felony of 16 months, 2 or 3 years in state prison, with at least 90 days in jail if probation is granted.

Anyone convicted of a felony under any state, federal or foreign law, anyone addicted to narcotics, anyone convicted of certain listed firearm-related offenses, and anyone with a known outstanding felony warrant who owns, buys, receives or possesses a firearm is guilty of a felony; because the section sets no term, the default felony term of 16 months, 2 or 3 years applies. The ban also covers felony convictions from a juvenile case transferred to adult court. Separately, people convicted of many listed misdemeanors, such as assault, battery, domestic violence, criminal threats and protective-order violations, may not have a firearm for 10 years.

California's computer crime law covers knowingly accessing and altering, damaging, deleting or using data or computer systems without permission to defraud or wrongfully get money or property, taking or copying data, disrupting computer services, and introducing a computer virus or other contaminant. The main hacking and fraud offenses can be charged as a misdemeanor or felony: up to 1 year in county jail and/or $5,000, or 16 months, 2 or 3 years under Pen. Code 1170(h) and up to $10,000. Using computer services without permission is a misdemeanor for a first violation of $950 or less without injury, and can be charged as a felony above that or when the victim's loss exceeds $5,000; some lesser access offenses start as infractions up to $1,000. Introducing ransomware to extort property is punished as extortion.

California is an all-party consent state. Intentionally recording or eavesdropping on a confidential communication, in person or by phone, without the consent of all parties is punishable by a fine up to $2,500 per violation and/or up to 1 year in county jail or state prison, so it can be charged as a misdemeanor or felony; with a prior conviction the fine rises to $10,000. Intercepting and intentionally recording a call involving a cell phone or cordless phone without all parties' consent carries the same penalties. A 'confidential communication' is one where a party reasonably expects it is not being overheard or recorded.

Knowingly making a false report to police or prosecutors that a crime was committed is a misdemeanor (up to 6 months and/or $1,000 under the default misdemeanor penalty). Knowingly falsely reporting an 'emergency' to a government agency, such as a fake call that brings an emergency response or forces an evacuation, is a misdemeanor up to 1 year in county jail and/or a $1,000 fine. If the false emergency report is one the caller knows is likely to cause death or great bodily injury (the 'swatting' scenario) and someone is seriously injured or killed, it is a felony punishable under Pen. Code 1170(h) and/or a fine up to $10,000.

Yes. California defines a hate crime as a criminal act committed in whole or in part because of the victim's actual or perceived disability, gender, nationality, race or ethnicity, religion, sexual orientation, or association with a person or group with those characteristics. Using force or threats to interfere with someone's civil rights because of those characteristics, or damaging their property to do so, can be charged as a misdemeanor or felony (up to 1 year and/or $5,000, or under Pen. Code 1170(h)) plus up to 400 hours of community service. A misdemeanor hate crime with specified aggravating circumstances can be charged as a felony with a fine up to $10,000. A felony committed as a hate crime adds 1, 2 or 3 years in state prison, or 2, 3 or 4 years if done in concert with others, and 1 more year for each prior hate-crime felony.

California still has parole, but since 2013 most people leaving prison go on county 'postrelease community supervision' instead; state parole covers those released after serious or violent felonies, third-strike terms, high-risk sex offenses or mental-health treatment conditions. If a parole agent or officer has probable cause to believe a parolee violated a condition, the parolee may be arrested; the parole agency can add conditions, treatment or 'flash incarceration' of 1 to 10 days in jail. If those sanctions are not appropriate, the agency petitions the superior court to revoke parole. After finding a violation, the judge may return the person to parole with modified conditions (possibly including jail time), revoke parole and order up to 180 days in county jail, or refer the person to a reentry court; people on life parole are returned to prison and the Board of Parole Hearings.

Intentionally and knowingly violating a domestic violence or other listed protective or restraining order is a misdemeanor up to 1 year in county jail and/or a $1,000 fine. If the violation causes physical injury, it is 30 days to 1 year in jail and/or up to $2,000. A repeat conviction within 7 years that involves violence or a credible threat of violence can be charged as a misdemeanor or felony (up to 1 year in jail or under Pen. Code 1170(h)). A repeat conviction within 1 year of a prior one that caused physical injury carries 6 months to 1 year in jail and/or up to $2,000, or a 1170(h) felony term.

Cases against minors start in juvenile court, and adult prosecution requires a transfer. The prosecutor may move to transfer a minor who was 16 or older at the time of any felony, or who was 14 or 15 at the time of a listed serious offense but was not caught until after juvenile court jurisdiction ended. The probation department prepares a report, and the juvenile court may transfer the case only if it finds by clear and convincing evidence that the minor is not amenable to rehabilitation under juvenile court jurisdiction, considering the factors listed in the statute, and must state its reasons.

The death penalty remains in California law, but executions are on hold under a governor's moratorium. On March 13, 2019, Governor Gavin Newsom signed an executive order instituting a moratorium in the form of a reprieve for everyone sentenced to death; the order also called for repealing the lethal injection protocol and immediately closing the execution chamber at San Quentin State Prison, and it does not release anyone or change any conviction or sentence. People sentenced to death are held in state prison; under Proposition 66 (2016) they may be housed at any state prison with sufficient security.

In California, a person cannot register or vote only while serving a state or federal prison term for a felony (including a state prison sentence served in a local jail under a CDCR contract, or while awaiting transfer to prison after a felony conviction). People on parole, probation or post-release community supervision, people serving a felony jail sentence or jail as a condition of probation, and anyone with a misdemeanor can register and vote. Once the prison term is finished the right to vote is restored, but the person must register or re-register.

Voting rights return automatically when a California prison term ends, though the person must register again; the Secretary of State says the county sends a notice confirming the person can register. For broader relief, a person convicted of a felony who served time in state or local prison can petition the superior court for a Certificate of Rehabilitation after a period of rehabilitation (generally at least 7 years, including 5 years of California residence) once off parole or supervision; felony probationers must first get the case dismissed. A certificate does not erase the conviction or restore gun rights, but it is automatically forwarded to the Governor as an application for a pardon; people who cannot get a certificate can apply to the Governor for a pardon directly.

California's Three Strikes law applies when a person convicted of a felony has prior convictions for 'serious' or 'violent' felonies (listed in Penal Code 1192.7(c) and 667.5(c)) that are pled and proved. With one prior strike, the prison term for the new felony is doubled. With two or more prior strikes, the sentence is an indeterminate term of life imprisonment with a minimum term of the greatest of three times the normal term, 25 years, or the term the court would otherwise impose with enhancements. If the new felony is not itself serious or violent, a third-strike defendant gets the doubled 'second strike' term instead of 25-to-life unless the prosecution proves a listed exception (for example certain drug-weight allegations, felony sex offenses requiring registration, or use of or arming with a firearm). Separately, each prior serious felony adds a five-year enhancement when the new conviction is also a serious felony.

California treats intoxicating hemp products as cannabis. Under AB 8 (Chapter 248, Statutes of 2025, signed October 2, 2025; most provisions effective January 1, 2026), hemp extract used in foods, beverages, dietary supplements and pet food may not contain any THC or synthetic cannabinoids, and hemp flower, hemp pre-rolls and inhalable products containing hemp-derived THC may not be sold in California. Emergency regulations in effect since September 23, 2024 require no detectable total THC in hemp foods and beverages, set a minimum age of 21 to buy hemp final-form products intended for human consumption, and limit packages to five servings. Selling intoxicating hemp products in violation of the law can bring the same civil and criminal penalties as cannabis violations.

Psilocybin and psilocyn are Schedule I hallucinogenic controlled substances in California. Possessing them without a prescription is a misdemeanor punishable by up to one year in county jail (and a fine of up to $70), although a person with certain prior convictions (such as a 'super strike' or an offense requiring sex offender registration) may instead be sentenced to county jail as a felony. Selling, transporting for sale, furnishing or giving them away is punishable by two, three or four years under Penal Code 1170(h). California state law has no licensed psilocybin program or statewide decriminalization in the Health and Safety Code sections read.

The California Department of Public Health considers kratom and 7-hydroxymitragynine (7-OH) products unlawful to sell or market for consumption in any form. In a January 9, 2026 letter to food registrants and licensees, CDPH said these products are not approved food additives, are adulterated, and are illegal to sell to anyone of any age for consumption under Health and Safety Code § 110555, and that CDPH may embargo, seize and impound them. Sellers who do not comply may face legal action and enforcement.

Hemp CBD is allowed in California foods, beverages and dietary supplements made by manufacturers holding an Industrial Hemp Enrollment and Oversight authorization from the Department of Public Health. Since January 1, 2026 (AB 8), hemp extract used in these products may not contain any THC or synthetic cannabinoids and must be CBD or CBN isolate with purity above 99%, confirmed by a certificate of analysis from an independent lab. Hemp cosmetics may contain up to 0.3% total THC only if applied topically. The emergency regulations set a minimum age of 21 to buy hemp final-form products intended for human consumption and a limit of five servings per package.

The minimum age to buy tobacco products in California is 21, and 'tobacco product' includes electronic cigarettes and other devices that deliver nicotine or vaporized liquids. Selling, giving or furnishing tobacco, tobacco products or smoking paraphernalia to someone under 21 is a misdemeanor or civil violation with fines of $200, $500 and $1,000 for an individual's first, second and third offenses, and $500, $1,000 and $5,000 for a business; enforcing agencies may also assess civil penalties from $1,000 up to at least $20,000 for repeat violations at a location. Active-duty military personnel 18 or older are exempt. Tobacco and nicotine use, including e-cigarettes, is banned on school district property and in school vehicles.

California's elder and dependent adult abuse crime covers willfully causing or permitting an elder or dependent adult to suffer, or inflicting unjustifiable physical pain or mental suffering, or (for a caregiver) letting them be injured or endangered. Under circumstances likely to produce great bodily harm or death it can be a misdemeanor (up to one year in county jail and/or a $6,000 fine) or a felony (2, 3 or 4 years in state prison), with an added 3 years for great bodily injury (5 if the victim is 70 or older) and 5 years if the victim dies (7 if 70 or older); in other circumstances it is a misdemeanor (up to six months and/or $1,000). Theft, embezzlement, forgery, fraud or identity theft against an elder or dependent adult is a misdemeanor (up to one year and/or $1,000) for $950 or less, and above $950 can be a misdemeanor (up to one year and/or $2,500) or a felony (2, 3 or 4 years in county jail and/or $10,000).

California's peeping and voyeurism crimes are forms of disorderly conduct under Penal Code 647(j): looking into a bedroom, bathroom, changing room, tanning booth or other place where people expect privacy, with any device (including a camera, phone or drone), intending to invade the occupant's privacy; secretly recording under or through someone's clothing for sexual purposes; secretly recording a person who may be undressed in such a private place; and distributing intimate images of an identifiable person without consent in listed circumstances ('revenge porn'). A first violation is a misdemeanor (up to 6 months in county jail and/or a $1,000 fine). A second or later violation, or a violation against a minor, is punishable by up to one year in county jail and/or a $2,000 fine; a repeat secret recording of an undressed minor can be a felony served under Penal Code 1170(h).

California punishes simple assault and battery more heavily when the victim is a peace officer or other listed worker on duty and the offender knows or should know it. Simple assault is normally up to 6 months in jail and/or a $1,000 fine; assault on an on-duty peace officer, firefighter, EMT, lifeguard, process server, traffic officer, code enforcement or animal control officer, search and rescue member, or emergency medical worker is up to 1 year in county jail and/or a $2,000 fine. Simple battery is normally up to 6 months and/or $2,000; battery on those workers (and custodial officers, security officers and others) is up to 1 year and/or $2,000. If the battery causes injury, it is a 'wobbler': up to 1 year in jail or 16 months, 2 or 3 years under Penal Code 1170(h), with a fine of up to $2,000, or up to $10,000 when the victim is a peace officer.