AB 2633, as introduced, Hadley. Crimes: capacity.
Existing law provides that all persons are capable of committing crimes except those belonging to specified classes, including, among others, persons who are mentally incapacitated or who committed the act charged without being conscious thereof.
This bill would make technical, nonsubstantive changes to those provisions.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 26 of the Penal Code is amended to read:
All persons are capable of committing crimes except those
3belonging to the following classes:
4One-- Children
end delete
5begin insert(a)end insertbegin insert end insertbegin insertChildrenend insert underbegin delete the age of 14,end deletebegin insert
14 years of age,end insert in the absence
6of clear proof that at the time of committing the act charged against
7them, they knew its wrongfulness.
8Two-- Persons
end delete9begin insert(end insertbegin insertb)end insertbegin insert end insertbegin insertPersonsend insert who are mentally incapacitated.
10Three-- Persons
end delete
P2 1begin insert(end insertbegin insertc)end insertbegin insert end insertbegin insertPersonsend insert who committed the act or made the omission
2charged under an ignorance or mistake of fact, which disproves
3any criminal intent.
4Four-- Persons
end delete
5begin insert(end insertbegin insertd)end insertbegin insert end insertbegin insertPersonsend insert who committed the act charged without being
6conscious thereof.
7Five-- Persons
end delete
8begin insert(end insertbegin inserte)end insertbegin insert end insertbegin insertPersonsend insert who committed the act or made the omission
9charged through misfortune or by accident, when it appears that
10there was no evil design, intention,
or culpable negligence.
11Six-- Persons (unless the crime be punishable with death) who
end delete
12begin insert(f)end insertbegin insert end insertbegin insertUnless the crime is punishable with death, persons whoend insert
13
committed the act or made the omission charged under threats or
14menaces sufficient to show that they had reasonable cause to and
15did believe their lives would be endangered if they refused.
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