California Penal Code Statutory History

Penal Code: The current Penal statutes of California originated with the 1872 Penal Code drafted by California Code Commissioners: Creed Haymond, John Burch, and John McKune. This early Code consisted of a systematic classification of public wrongs or offenses against the State, and the laws for their prevention or for the punishment of those public wrongs or offenses. The 1872 Code was based on California’s earlier laws, such as the 1851 Criminal Practice Act and common law; it was also inspired by criminal code statutes enacted already by other states, such as Kansas, Louisiana, and New Jersey.

Legislative Research: Each section listed below is a link to a PDF document that sets forth the enactment history for that section. The history cited for each section below is intended to be used for information purposes only and should not be relied upon without confirmation. For questions or sections not listed, Contact Us.

Penal Code Sections

Section 27: Originally contained in Field’s Draft New York Penal Code § 15; New York Penal Code § 16.

Section 136.1: Derived from former Penal Code § 136, enacted in 1872.

Section 169: Added and amended in 1970.

Section 172j: Added in 1973 and never amended.

Section 186.11: Derived from former Penal Code § 186.11, enacted in 1995.

Section 186.22: Derived from former Penal Code § 186.22, enacted in 1988.

Section 186.22a: Added in 1988 and amended seven times thereafter.

Section 288: Added in 1901.

Section 290.5: Derived from former Penal Code § 290.5, enacted in 1961.

Section 308: Derived from former Penal Code § 308a, added in 1949.

Section 320.5: Added in 2000 and amended in 2001 and 2009.

Section 330: Derived from former uncodified § 1, enacted in 1860.

Section 330b: Enacted in 1950 First Extraordinary Session.

Section 330.11: Enacted in 2000.

Section 337a: Enacted in 1909.

Section 337j: Derived from former Business and Professions Code § 19817, enacted in 1983.

Section 368: Added in 1983 and amended numerous times thereafter.

Section 381b: Enacted in 1983.

Section 387: Enacted in 1990.

Section 396: Added in the 1993-94 First Extraordinary Session.

Section 484: Derived from former uncodified §§ 60 and 61 of the 1850 Crimes and Punishment Act.

Section 490.5: Enacted in 1976.

Section 496: Derived from former uncodified § 63 of 1850 Crimes and Punishment Act.

Section 502: Derived from former Penal Code § 502, enacted in 1979.

Section 506: Added in 1872.

Sections 518 and 519: Based on Field’s Draft New York Penal Code §§ 613 and 614; New York Penal Code §§ 552 and 553, enacted in 1872.

Section 524: Added in 1872.

Section 530.5: Enacted in 1997.

Section 597: Derived from former uncodified § 6, enacted in 1873-74.

Section 597e: Derived from former uncodified § 12, enacted in 1873-74.

Section 597f: Derived from former uncodified § 13, enacted in 1873-74.

Section 597.1: Enacted in 1991.

Section 626.9: Enacted in 1970.

Sections 630 through 638: Derived from former uncodified §§ 1, 5 and 6, enacted in 1862.

Section 631: Derived from former uncodified § 6 of the Act for the Regulation of the Telegraph, enacted in 1862.

Section 632: Derived from former Penal Code § 653h, enacted in 1941.

Section 632.7: Enacted in 1992.

Section 633.5: Added in 1967.

Section 637.2: Enacted in 1967.

Section 637.5: Enacted in 1982.

Section 641.3: Enacted in 1989.

Section 645: Derived from former Penal Code § 645, enacted in 1923.

Section 647: Derived from former Penal Code § 647, enacted in 1872.

Section 667.61: Derived from former Penal Code § 667.61, added in 1994.

Section 778a: Originally enacted in 1905.

Section 781: Derived from former uncodified § 87, enacted in 1851.

Section 801.5: Enacted in 1986.

Section 803: Derived from former uncodified § 100 of the California Criminal Practice Act, enacted in 1850.

Section 832.4: Added in 1973.

Section 832.5: Enacted in 1974.

Section 832.7: Added in 1978.

Section 836.5: Enacted in 1969.

Section 849: Enacted in 1872.

Section 851.6: Enacted in 1969.

Section 859b: Added in 1963 and amended eight more times thereafter.

Section 919: Derived from former uncodified § 214, enacted in 1851.

Section 987.2: Derived from former Penal Code § 987.2, added in 1941.

Section 1000.7: Enacted in 2016.

Sections 1001.60 through 1001.67:  Enacted in 1985.

Section 1202.4: Derived from former Penal Code § 1202.4, enacted in 1983.

Section 1202.46: Added in 1999 and amended in 2016.

Section 1203.4: Derived from former Penal Code § 1203, subd 4, enacted in 1935.

Section 1203.41: Added in 2013.

Section 1203.42: Added in 2017 and amended in 2022.

Section 1214: Derived from former Penal Code § 464, enacted in 1851.

Section 1237: Derived from former uncodified § 514, added in 1850.

Section 1269b. Derived from former Penal Code § 1276, enacted in 1957.

Section 1305: Derived from former uncodified §§ 567 and 568, enacted in 1850.

Section 1328d: Added in 1983.

Section 1464: Derived from former Vehicle Code § 42050, enacted in 1959.

Section 1473.7: Added in 2016.

Section 1543: Added in 1980 and amended in 2004.

Section 2684: Derived from former Penal Code § 1587, enacted in 1907.

Section 3456: Enacted in 2011.

Section 4011.6: Added in 1963.

Section 4025: Derived from former Political Code § 4041.21, enacted in 1929.

Section 11105: Derived from former uncodified § 4 of 1905.

Section 11125: Added in 1980 and amended in 1992.

Section 11165.7: Derived from former Penal Code § 11165, enacted in 1980.

Section 11166: Derived from former Penal Code § 11161.5, enacted in 1963.

Section 11167.5(a): Enacted in 1983.

Section 12029: Derived from former uncodified § 4, enacted in 1917.

Section 12031: Derived from former Penal Code § 12031.5, enacted in 1970.

Section 12050: Derived from former uncodified § 6, enacted in 1917.

Section 12072: Derived from former uncodified § 10, enacted in 1923.

Section 12076: Derived from former uncodified § 7, enacted in 1971.

Section 12076.5: Enacted in 2001.

Section 12805: Enacted in 2001.

Section 12088.9: Enacted in 1999.

Section 16150: Derived from former Penal Code § 12316, enacted in 1994.

Section 17030: Derived from former Penal Code § 12031, enacted in 1967.

Section 17170: Derived from former uncodified § 1, enacted in 1917.

Section 25400: Derived in part from former uncodified § 3, enacted in 1917.

Section 25850: Derived from former Penal Code § 12031, enacted in 1967.

Section 26350: Added in 2011.

Section 26400: Added in 2012 and amended in 2017.

Section 29180: Added in 2016.