Words used in this code in the present tense include the future as well as the present; words used in the masculine gender include the feminine and neuter; the singular number includes the plural, and the plural the singular; the word “person” includes a corporation as well as a natural person; the word “county” includes “city and county”; writing includes printing and typewriting; oath includes affirmation or declaration; and every mode of oral statement, under oath or affirmation, is embraced by the term “testify,” and every written one in the term “depose”; signature or subscription includes mark, when the person cannot write, his or her name being written near it, by a person who writes his or her own name as a witness; provided, that when a signature is made by mark it must, in order that the same may be acknowledged or serve as the signature to any sworn statement, be witnessed by two persons who must subscribe their own names as witnesses thereto.
The following words have in this code the signification attached to them in this section, unless otherwise apparent from the context:
Terms Used In California Penal Code 7
- Arrest: Taking physical custody of a person by lawful authority.
- Codicil: An addition, change, or supplement to a will executed with the same formalities required for the will itself.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- month: means a calendar month, unless otherwise expressed. See California Penal Code 7
- Oath: A promise to tell the truth.
- person: includes a corporation as well as a natural person. See California Penal Code 7
- seal: includes an impression of such seal upon the paper alone, or upon any substance attached to the paper capable of receiving a visible impression. See California Penal Code 7
- Statute: A law passed by a legislature.
- Summons: Another word for subpoena used by the criminal justice system.
- vessel: means a vessel as defined in subdivision (c) of Section 651 of the Harbors and Navigation Code. See California Penal Code 7
(1) The word “willfully,” when applied to the intent with which an act is done or omitted, implies simply a purpose or willingness to commit the act, or make the omission referred to. It does not require any intent to violate law, or to injure another, or to acquire any advantage.
(2) The words “neglect,” “negligence,” “negligent,” and “negligently” import a want of such attention to the nature or probable consequences of the act or omission as a prudent man ordinarily bestows in acting in his own concerns.
(3) The word “corruptly” imports a wrongful design to acquire or cause some pecuniary or other advantage to the person guilty of the act or omission referred to, or to some other person.
(4) The words “malice” and “maliciously” import a wish to vex, annoy, or injure another person, or an intent to do a wrongful act, established either by proof or presumption of law.
(5) The word “knowingly” imports only a knowledge that the facts exist which bring the act or omission within the provisions of this code. It does not require any knowledge of the unlawfulness of such act or omission.
(6) The word “bribe” signifies anything of value or advantage, present or prospective, or any promise or undertaking to give any, asked, given, or accepted, with a corrupt intent to influence, unlawfully, the person to whom it is given, in his or her action, vote, or opinion, in any public or official capacity.
(7) The word “vessel,” when used with reference to shipping, includes ships of all kinds, steamboats, canalboats, barges, and every structure adapted to be navigated from place to place for the transportation of merchandise or persons, except that, as used in Sections 192.5 and 193.5, the word “vessel” means a vessel as defined in subdivision (c) of Section 651 of the Harbors and Navigation Code.
(8) The words “peace officer” signify any one of the officers mentioned in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2.
(9) The word “magistrate” signifies any one of the officers mentioned in Section 808.
(10) The word “property” includes both real and personal property.
(11) The words “real property” are coextensive with lands, tenements, and hereditaments.
(12) The words “personal property” include money, goods, chattels, things in action, and evidences of debt.
(13) The word “month” means a calendar month, unless otherwise expressed; the word “daytime” means the period between sunrise and sunset, and the word “nighttime” means the period between sunset and sunrise.
(14) The word “will” includes codicil.
(15) The word “writ” signifies an order or precept in writing, issued in the name of the people, or of a court or judicial officer, and the word “process” a writ or summons issued in the course of judicial proceedings.
(16) Words and phrases must be construed according to the context and the approved usage of the language; but technical words and phrases, and such others as may have acquired a peculiar and appropriate meaning in law, must be construed according to such peculiar and appropriate meaning.
(17) Words giving a joint authority to three or more public officers or other persons, are construed as giving such authority to a majority of them, unless it is otherwise expressed in the act giving the authority.
(18) When the seal of a court or public officer is required by law to be affixed to any paper, the word “seal” includes an impression of such seal upon the paper alone, or upon any substance attached to the paper capable of receiving a visible impression. The seal of a private person may be made in like manner, or by the scroll of a pen, or by writing the word “seal” against his or her name.
(19) The word “state,” when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words “United States” may include the district and territories.
(20) The word “section,” whenever hereinafter employed, refers to a section of this code, unless some other code or statute is expressly mentioned.
(21) To “book” signifies the recordation of an arrest in official police records, and the taking by the police of fingerprints and photographs of the person arrested, or any of these acts following an arrest.
(22) The word “spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code.
(Amended by Stats. 2016, Ch. 50, Sec. 65. (SB 1005) Effective January 1, 2017.)