California · Penal Code

PEN §26: All persons are capable of committing crimes except those belonging to the following classes: One—Children under the age of 14, in the absence of clear proof that at the time of committing the act cha

Civil

What this law says, in plain English

This statute defines criminal responsibility by listing six classes of persons exempted from criminal liability, including children under 14 without proof of knowledge of wrongfulness, mentally incapacitated persons, and those acting under duress, accident, or mistake of fact.

Read the full statutory text

All persons are capable of committing crimes except those belonging to the following classes: One—Children under the age of 14, in the absence of clear proof that at the time of committing the act charged against them, they knew its wrongfulness. Two—Persons who are mentally incapacitated. Three—Persons who committed the act or made the omission charged under an ignorance or mistake of fact, which disproves any criminal intent. Four—Persons who committed the act charged without being conscious thereof. Five—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. Six—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.

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This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.