TITLE 3 – OF OFFENSES AGAINST THE SOVEREIGNTY OF THE STATE

 In Criminal Defense

2022 California Code

Penal Code – PEN

PART 1 – OF CRIMES AND PUNISHMENTS

TITLE 3 – OF OFFENSES AGAINST THE SOVEREIGNTY OF THE STATE

Section 37.

Universal Citation: CA Penal Code § 37 (2022)

  1. (a) Treason against this state consists only in levying war against it, adhering to its enemies, or giving them aid and comfort, and can be committed only by persons owing allegiance to the state. The punishment of treason shall be death or life imprisonment without possibility of parole. The penalty shall be determined pursuant to Sections 190.3 and 190.4.

(b) Upon a trial for treason, the defendant cannot be convicted unless upon the testimony of two witnesses to the same overt act, or upon confession in open court; nor, except as provided in Sections 190.3 and 190.4, can evidence be admitted of an overt act not expressly charged in the indictment or information; nor can the defendant be convicted unless one or more overt acts be expressly alleged therein.

(Amended by Stats. 1989, Ch. 897, Sec. 12.)

2022 California Code

Penal Code – PEN

PART 1 – OF CRIMES AND PUNISHMENTS

TITLE 5 – OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE

Section 67.5.

Universal Citation: CA Penal Code § 67.5 (2022)

67.5. (a) Every person who gives or offers as a bribe to any ministerial officer, employee, or appointee of the State of California, county or city therein, or political subdivision thereof, any thing the theft of which would be petty theft is guilty of a misdemeanor.

2022 California Code

Penal Code – PEN

PART 1 – OF CRIMES AND PUNISHMENTS

TITLE 5 – OF CRIMES BY AND AGAINST THE EXECUTIVE POWER OF THE STATE

Section 68.

Universal Citation: CA Penal Code § 68 (2022)

  1. (a) Every executive or ministerial officer, employee, or appointee of the State of California, a county or city therein, or a political subdivision thereof, who asks, receives, or agrees to receive, any bribe, upon any agreement or understanding that his or her vote, opinion, or action upon any matter then pending, or that may be brought before him or her in his or her official capacity, shall be influenced thereby, is punishable by imprisonment in the state prison for two, three, or four years and, in cases in which no bribe has been actually received, by a restitution fine of not less than two thousand dollars ($2,000) or not more than ten thousand dollars ($10,000) or, in cases in which a bribe was actually received, by a restitution fine of at least the actual amount of the bribe received or two thousand dollars ($2,000), whichever is greater, or any larger amount of not more than double the amount of any bribe received or ten thousand dollars ($10,000), whichever is greater, and, in addition thereto, forfeits his or her office, employment, or appointment, and is forever disqualified from holding any office, employment, or appointment, in this state.

(Amended by Stats. 2002, Ch. 664, Sec. 169. Effective January 1, 2003.)

  1. (a) Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon the officer by law, or who knowingly resists, by the use of force or violence, the officer, in the performance of his or her duty, is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment pursuant to subdivision (h) of Section 1170, or in a county jail not exceeding one year, or by both such fine and imprisonment.

(Amended by Stats. 2015, Ch. 177, Sec. 1. (SB 411) Effective January 1, 2016.)

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