California Codes
Cal. Penal Code § 793 (2026)
Of the Local Jurisdiction of Public Offenses
✓ current as of May 2026
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When an act charged as a public offense is within the jurisdiction of the United States, or of another state or territory of the United States, as well as of this state, a conviction or acquittal thereof in that other jurisdiction is a bar to the prosecution or indictment in this state.
Notes of Decisions
Cited in 3
cases, 1957–2009 · leading case: Smith Et Al. v. United States Et Al., 423 U.S. 1303 (1975).
Smith Et Al. v. United States Et Al., 423 U.S. 1303 (1975). “Finally, there is a serious question whether applicants can be prosecuted at all under California law. California Penal Code § 656 (1970) forbids prosecution for “act[s] or omission [s]” for which the accused has already stood trial under the laws of “another State, Government,…”
Gubbels v. Del Guercio, 152 F. Supp. 277 (S.D. Cal. 1957). “270 ), most states have adopted statutes similar to California Penal Code, § 793, which provides: “When an act charged as a public offense is within the jurisdiction of another State or country, as well as of this State, a conviction or acquittal thereof in the former is a bar…”
State v. Madden, 216 P.3d 644 (Idaho Ct. App. 2009). “California Penal Code section 793 directs that “[w]hen an act charged as a public offense is within the jurisdiction of the United States, or of another state or territory of the United States, as well as of this state, a conviction or acquittal thereof in that other…”
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