17. A felony is a crime which is punishable with death or by imprisonment in the state prison. Every other crime is a misdemeanor. When a crime, punishable by imprisonment in the state prison, is also punishable by fine or imprisonment in a county jail, in the discretion of the court, it shall be deemed a misdemeanor for all purposes after a judgment imposing a punishment other than imprisonment in the state prison. 1873-455.

18. Except in cases where a different punishment is prescribed by this code, every offense declared to be a felony is punishable by imprisonment in the state prison, not exceeding five years.

18a Except in cases where a different minimum punishment is prescribed by law, for every offense declared to be a felony and punishable by imprisonment in the state prison, the minimum punishment shall be imprisonment in the state prison for not less than six months. 1919-7.

19. Except in cases where a different punishment is prescribed by this code, every offense declared to be a misdemeanor is punishable by imprisonment in a county jail not exceeding six months, or by a fine not exceeding five hundred dollars, or by both.

20. In every crime or public offense there must exist a union, or joint operation of act and intent, or criminal negligence.

21. The intent or intention is manifested by the circumstances connected with the offense, and the sound mind and discretion of the accused. All person are of sound mind who are neither idiots nor lunatics, nor affected with insanity.

22. No act committed by a person while in a state of voluntary intoxication is less criminal by reason of his having been in such condition. But whenever the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time, in determining the purpose, motive, or intent with which he committed the act.

23. Nothing in this code affects any of the provisions of the following statutes, but such statutes are recognized as continuing in force, notwithstanding the provisions of the codes, except so far as they have been repealed or affected by subsequent laws:

1. All acts incorporating or chartering municipal corporations, and acts amending or supplementing such acts.

2. All acts consolidating cities and counties, and acts amending or supplementing such acts.

3. All acts for funding the state debt, or any part thereof, and for issuing state bonds, and acts amending or supplementing such. acts.

4. All acts regulating and in relation to rhodeos.

5. All acts in relation to judges of the plains.

6. All acts creating or regulating boards of water commissioners and overseers in the several townships or counties of the state.

7. All acts in relation to a branch state prison.

8.

An act for the more effectual prevention of cruelty to animals, approved March thirtieth, eighteen hundred and sixty-eight. 9. An act for the suppression of Chinese houses of ill-fame, approved March thirty-first, eighteen hundred and sixty-six.

10. An act relating to the Home of the Inebriate of San Francisco, and to prescribe the powers and duties of the board of managers and the officers thereof, approved April first, eighteen hundred and seventy.

11. An act concerning marks and brands in the county of Siskiyou, approved March twentieth, eighteen hundred and sixty-six. 12. An act to prevent the distruction of fish in the waters of Bolinas Bay, in Marin County, approved March thirty-first, eighteen hundred and sixty-six.

13. An act concerning trout in Siskiyou County, approved April second, eighteen hundred sixty-six.

14. An act to prevent the destruction of fish in Napa River and Sonoma Creek, approved January twenty-ninth, eighteen hundred and sixty-eight.

15. An act to prevent the destruction of fish and game in, upon, and around the waters of Lake Merritt or Peralto, in the county of Alameda, approved March eighteenth, eighteen hundred and seventy.

16. An act to regulate salmon fisheries in Eel River, in Humboldt County, approved April eighteenth, eighteen hundred and fifty-nine.

17. An act for the better protection of stock-raisers in the counties of Fresno, Tulare, Monterey, and Mariposa, approved March twentieth, eighteen hundred and sixty-six.

18. An act concerning oysters, approved April twenty-eighth, eighteen hundred and fifty-one.

19. An act concerning oyster-beds, approved April second, eighteen hundred and sixty-six.

20. An act concerning gas companies, approved April fourth, eighteen hundred and seventy.

24. This act, whenever cited, enumerated, referred to, or amended, may be designated simply as the Penal Code, adding, when necessary the number of the section.

PART I.

Of Crimes and Punisments.

TITLE I.

Of Persons Liable to Punishment for Crime,

26. Who are capable of com- 27. Who are liable to punishmitting crimes.

ment.

26. All persons are capable of committing crimes except those belonging to the following classes:

One-Children under the age of fourteen, in the absence of clear proof that at the time of committing the act charged against them, they knew its wrongfulness.

Two-Idiots.

Three-Lunatics and insane persons.

Four-Persons who committed the act or made the omission charged under an igorance or mistake of fact, which disproves any criminal intent.

Five-Persons who committed the act charged without being conscious thereof.

Six-Persons who committed the act or made the omission charged through misfortune or by accident, when it appears that there was no evil design, intention, or culpable negligence.

Seven--Married women (except for felonies) acting under the threats, command, or coercion of their husbands.

Eight-Persons (unless the crime be punishable with death) who committed the act or made the omission charged under threats or menaces sufficient to show that they had reasonable cause to and did believe their lives would be endangered if they refused. 1874-422.

27. The following persons are liable to punishment under the laws of this state:

1. All persons who commit, in whole or in part, any crime within this state;

2. All who commit any offense without this state which, if committed within this state, would be larceny, robbery, or embezzlement under the laws of this state, and bring the property stolen

or embezzled, or any part of it, or are found with it, or any part of it, within this state;

3. All who, being without this state, cause or aid, advise or encourage, another person to commit a crime within this state, and are afterwards found therein. 1905-638.

TITLE II.

Of Parties to Crimes.

30. Classification of parties to 32. Who are accessories.

crimes.

31. Who are principals.

33. Punishment of accessories.

30. The parties to crimes are classified as:

1. Principals; and,

2.

Accessories.

31. All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission, and all persons counseling, advising, or encouraging children under the age of fourteen years, lunatics or idiots, to commit any crime, or who, by fraud, contrivance, or force, occasion the drunkenness of another for the purpose of causing him to commit any crime, or who, by threats, menaces, command, or coercion, compel another to commit any crime, are principals in any crime so committed.

32. All persons who, after full knowledge that a felony has been committed, conceal it from the magistrate, or harbor and protect the person charged with or convicted thereof, are accessories.

33. Except in cases where a different punishment is prescribed, an accessory is punishable by imprisonment in the state prison not exceeding five years, or in the county jail not exceeding two years, or by fine not exceeding five thousand dollars.

TITLE III.

Of Offenses Against the Sovereignty of the State.

37. Treason, who can commit.

38. Misprison of Treason,

37. Treason against this state consists only in levying war against it, adhering to its enemies, or giving them aid and com

fort, and can be committed only by persons owing allegiance to the state. The punishment of treason shall be death.

38. Misprison of treason is the knowledge and concealment of treason, without otherwise assenting to or participating in the crime. It is punishable by imprisonment in the state prison for a term not exceeding five years.

40. Any person who acts as an election officer at any election, without first having been appointed and qualified as such, and any person who, not being an election officer, performs or discharges any of the duties of an election officer, in regard to the handling or counting or canvassing of any ballots cast at any election, shall be guilty of a felony, and on conviction be punished by imprisonment in the state prison for not less than two nor more than seven years. 1905-74.

41. Every person charged with the performance of any duty, under the provision of any law of this state relating to elections,