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California Penal Code Section 26

Legal Research Home > California Lawyer > Penal Code > California Penal Code Section 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 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.

Last modified: January 12, 2009