Pen. Code, § 802 · Chapter 2. Time of Commencing Criminal Actions
Pen. Code, § 802
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Except as provided in subdivision (b), (c), (d), or (e), prosecution for an offense not punishable by death or imprisonment in the state prison or pursuant to subdivision (h) of Section 1170 shall be commenced within one year after commission of the offense.
(b) Prosecution for a misdemeanor violation of Section 647.6 or former Section 647a committed with or upon a minor under 14 years of age shall be commenced within three years after commission of the offense.
(c) Prosecution of a misdemeanor violation of Section 729 of the Business and Professions Code shall be commenced within two years after commission of the offense.
(d) Prosecution of a misdemeanor violation of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code shall be commenced as follows:
(1) With respect to Sections 7028.17, 7068.5, and 7068.7 of the Business and Professions Code, within one year of the commission of the offense.
(2) With respect to Sections 7027.1, 7028.1, 7028.15, 7118.4, 7118.5, 7118.6, 7126, 7153, 7156, 7157, 7158, 7159.5 (licensee only), 7159.14 (licensee only), 7161, and 7189 of the Business and Professions Code, within two years of the commission of the offense.
(3) With respect to Sections 7027.3 and 7028.16 of the Business and Professions Code, within three years of the commission of the offense.
(4) With respect to Sections 7028, 7159.5 (nonlicensee only), and 7159.14 (nonlicensee only) of the Business and Professions Code, within four years of the commission of the offense.
(e) (1) Prosecution for a misdemeanor violation of Section 6126, 10085.6, 10139, or 10147.6 of the Business and Professions Code or Section 2944.6 or 2944.7 of the Civil Code shall be commenced within three years after discovery of the commission of the offense, or within three years after completion of the offense, whichever is later.
(2) Prosecution for a misdemeanor violation of subdivisions (b) and (e) of Section 119 of the Business and Professions Code, by parties licensed or subject to licensure pursuant to Chapter 9 (commencing with Section 7000) of Division 3 of that code, within three years after discovery of the commission of the offense, or within three years after completion of the offense, whichever is later.
Notes and commentary — not statutory text
History
Amended by Stats. 2023, Ch. 403, Sec. 2. (SB 601) Effective January 1, 2024.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=802.
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Business and Professions Code
- Bus. & Prof. Code, § 119Printed as Section 119 of the Business and Professions Code
- Bus. & Prof. Code, § 729Printed as Section 729 of the Business and Professions Code
- Bus. & Prof. Code, § 6126Printed as Section 6126, 10085.6, 10139, or 10147.6 of the Business and Professions Code
- Bus. & Prof. Code, div. 3, ch. 9ContractorsPrinted as Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code
- Bus. & Prof. Code, § 7027.3Printed as Sections 7027.3 and 7028.16 of the Business and Professions Code
- Bus. & Prof. Code, § 7028.16Printed as Sections 7027.3 and 7028.16 of the Business and Professions Code
- Bus. & Prof. Code, § 7028.17Printed as Sections 7028.17, 7068.5, and 7068.7 of the Business and Professions Code
- Bus. & Prof. Code, § 7068.5Printed as Sections 7028.17, 7068.5, and 7068.7 of the Business and Professions Code
- Bus. & Prof. Code, § 7068.7Printed as Sections 7028.17, 7068.5, and 7068.7 of the Business and Professions Code
- Bus. & Prof. Code, § 10085.6Printed as Section 6126, 10085.6, 10139, or 10147.6 of the Business and Professions Code
- Bus. & Prof. Code, § 10139Printed as Section 6126, 10085.6, 10139, or 10147.6 of the Business and Professions Code
- Bus. & Prof. Code, § 10147.6Printed as Section 6126, 10085.6, 10139, or 10147.6 of the Business and Professions Code
Civil Code
Cited by 14 provisions
Provisions in this library whose text cites Pen. Code, § 802. Each shows the citation as that text prints it.
Business and Professions Code
Fish and Game Code
Government Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.