California · Penal Code

PEN §859.1: (a) In any criminal proceeding in which the defendant is charged with any offense specified in Section 868.

Civil

What this law says, in plain English

This statute establishes a procedural rule allowing courts to close testimony to the public in criminal cases involving offenses against minors or cognitively impaired persons, based on specified factors.

Read the full statutory text
(a) In any criminal proceeding in which the defendant is charged with any offense specified in Section 868.8 on a minor under the age of 16 years, or a dependent person with a substantial cognitive impairment, as defined in paragraph (3) of subdivision (f) of Section 288, the court shall, upon motion of the prosecuting attorney, conduct a hearing to determine whether the testimony of, and testimony relating to, a minor or dependent person shall be closed to the public in order to protect the minor’s or the dependent person’s reputation. (b) In making this determination, the court shall consider all of the following: (1) The nature and seriousness of the offense. (2) The age of the minor, or the level of cognitive development of the dependent person. (3) The extent to which the size of the community would preclude the anonymity of the victim. (4) The likelihood of public opprobrium due to the status of the victim. (5) Whether there is an overriding public interest in having an open hearing. (6) Whether the prosecution has demonstrated a substantial probability that the identity of the witness would otherwise be disclosed to the public during that proceeding, and demonstrated a substantial probability that the disclosure of his or her identity would cause serious harm to the witness. (7) Whether the witness has disclosed information concerning the case to the public through press conferences, public meetings, or other means. (8) Other factors the court may deem necessary to protect the interests of justice.

Verify at the official source: California legislative text

Facing this? Know exactly what happens next.

MOFRD turns this code section into your situation: the deadlines that apply to you, the forms your county uses, and the resolution paths people in your position actually take. Free for 3 days — no card required.

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.