California · Penal Code

PEN §805: For the purpose of determining the applicable limitation of time pursuant to this chapter: (a) An offense is deemed punishable by the maximum punishment prescribed by statute for the offense, regardle

Civil

What this law says, in plain English

This statute establishes rules for calculating criminal statute of limitations periods. It requires using the maximum statutory punishment for an offense (excluding enhancements) and applies the lesser offense's limitations period to necessarily included offenses.

Read the full statutory text

For the purpose of determining the applicable limitation of time pursuant to this chapter: (a) An offense is deemed punishable by the maximum punishment prescribed by statute for the offense, regardless of the punishment actually sought or imposed. Any enhancement of punishment prescribed by statute shall be disregarded in determining the maximum punishment prescribed by statute for an offense. (b) The limitation of time applicable to an offense that is necessarily included within a greater offense is the limitation of time applicable to the lesser included offense, regardless of the limitation of time applicable to the greater offense.

Verify at the official source: California legislative text

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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.