Penal Code section 805

For the purpose of determining the applicable limitation of time pursuant to this chapter:

(a)

An offense is deemed punishable by the maximum punishment prescribed by statute for the offense, regardless of the punishment actually sought or imposed. Any enhancement of punishment prescribed by statute shall be disregarded in determining the maximum punishment prescribed by statute for an offense.

(b)

The limitation of time applicable to an offense that is necessarily included within a greater offense is the limitation of time applicable to the lesser included offense, regardless of the limitation of time applicable to the greater offense.

Source: Section 805, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=PEN§ionNum=805.­ (accessed Jun. 2, 2025).

Last Updated

May 12, 2025

§ 805’s source at ca​.gov