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California Penal Code Section 802

Legal Research Home > California Laws > Penal Code > California Penal Code Section 802

802.  (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 the age of
14 years 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) 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.
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Last modified: March 17, 2014