Pen. Code, § 804 · Chapter 2. Time of Commencing Criminal Actions
Pen. Code, § 804
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
Except as otherwise provided in this chapter, for the purpose of this chapter, prosecution for an offense is commenced when any of the following occurs:
(a) An indictment or information is filed.
(b) A complaint is filed charging a misdemeanor or infraction.
(c) The defendant is arraigned on a complaint that charges the defendant with a felony.
(d) An arrest warrant or bench warrant is issued, provided the warrant names or describes the defendant with the same degree of particularity required for an indictment, information, or complaint.
Notes and commentary — not statutory text
History
Amended by Stats. 2008, Ch. 110, Sec. 1. Effective January 1, 2009.
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=804.
- Text hash
- sha256 860abe098d20be7621be50ae4336c74bd1ee168af631a966416f2392056e5210
- Composed by
- 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
Cited by 1 provision
Provisions in this library whose text cites Pen. Code, § 804. Each shows the citation as that text prints it.
Penal 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.