Cal. Codes » Penal Code / PRELIMINARY PROVISIONS
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Cal. Penal Code § 2 (2026)

Preliminary Provisions

✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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This Code takes effect at twelve o'clock, noon, on the first day of January, eighteen hundred and seventy-three.

Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 1985–2024 · leading case: People v. Padilla, 509 P.3d 975 (Cal. 2022).
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People v. Padilla, 509 P.3d 975 (Cal. 2022). “When our Penal Code was enacted in 1872, it provided that it would take effect on January 1, 1873 (Pen. Code, § 2) and that “[n]o part of it is retroactive, unless expressly so declared.”
Brown v. State, 339 S.E.2d 332 (Ga. Ct. App. 1985). “The 1910 code, Penal Code § 2, had defined it as including real and personal property.”
Rene Maldonado v. L. Martinez, No. 2:23-cv-00188 (C.D. Cal. Feb. 5, 2024). “1 Accordingly, the failure to appoint counsel as provided in Cal. Penal Code § 2 1170.95 is “‘state law error only.”
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