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Cal. Penal Code § 1112 (2026)

✓ current as of May 2026
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Notwithstanding the provisions of subdivision (d) of Section 28 of Article I of the California Constitution, the trial court shall not order any prosecuting witness, complaining witness, or any other witness, or victim in any sexual assault prosecution to submit to a psychiatric or psychological examination for the purpose of assessing his or her credibility.

Notes of Decisions
Cited in 12 cases (1 in the last 5 years), 1982–2021 · leading case: People v. Haskett, 640 P.2d 776 (Cal. 1982).
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People v. Haskett, 640 P.2d 776 (Cal. 1982). · cites it 2× “(Pen. Code, § 1112, added by Stats. 1980, ch.”
State v. Eighth Jud. Dist. Court of the State of Nevada, 97 P.3d 594 (Nev. 2004). · cites it 3× “Jerousek, while still the law in Arizona, relied heavily on Ballard, 16 which has since been superseded by California Penal Code § 1112. 17 The Ballard court had articulated antiquated beliefs that women falsely accuse men of sex crimes “as a result of a mental condition that…”
State v. Buch, 926 P.2d 599 (Haw. 1996). · cites it 2× “Cal.Penal Code § 1112 (1984). [1] It is somewhat ironic — not to mention unfortunate — that the majority reaches the issue at all.”
Mary M. v. City of Los Angeles, 814 P.2d 1341 (Cal. 1991). “63; Pen. Code, § 1112; see People v. Barnes (1986) 42 Cal.”
State v. McIntosh, 58 P.3d 716 (Kan. 2002). “Such necessity would generally arise only if little or no corroboration supported the charge and if the defense raised the issue of the effect of the complaining witness’ mental or emotional condition upon her veracity.”
Vinson v. Superior Court, 740 P.2d 404 (Cal. 1987). “(Pen. Code, § 1112; see also Note, Psychiatric Examinations of Sexual Assault Victims: A Reevaluation (1982) 15 U.”
People v. Taylor, 180 Cal. App. 3d 622 (Cal. Ct. App. 1986). “7 Penal Code section 1112 provides in relevant part: “[T]he trial court shall not order any prosecuting witness, complaining witness, or any other witness, or victim in any sexual assault prosecution to submit to a psychiatrict or psychological examination for the purpose of…”
People v. Fleming, 140 Cal. App. 3d 540 (Cal. Ct. App. 1983). “) For the same reasons, Penal Code section 1112 is not constitutionally infirm.”
People v. Castro, 94 Cal. Daily Op. Serv. 8901 (Cal. Ct. App. 1994). “63; Pen. Code, § 1112.) Even without consideration of the privilege, Russel itself contemplated that evidence of a sexual assault victim’s mental condition would be admissible only in the discretion of the trial court.”
(HC) DeAnda v. Koenig (E.D. Cal. 2021). “27 In fact, California Penal Code section 1112 prohibits a trial court from ordering “any prosecuting 28 witness, complaining witness, or any other witness, or victim in any sexual assault prosecution to 23 Case 2:18-cv-01029-WBS-KJN Document 26 Filed 08/30/21 Page 24 of 36 1…”
In re Mirasol F. CA2/2 (Cal. Ct. App. 2013). “(Pen. Code, § 1112.) 14 justice.” (Evid. Code, § 354; Cal.”
Weigel v. Robert A., 177 Cal. App. 3d 195 (Cal. Ct. App. 1986). “The trial court found that this so-called Ballard motion was precluded by Penal Code section 1112, which the court found to be inapplicable to dependency proceedings brought under Welfare and Institutions Code section 300.”
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