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The State Laws of California

The State Laws of California


Due to the fact that individual state laws are constantly subject to change, individuals are encouraged to consult an attorney prior to engaging in any activity, action, or event in which the expressed legality may come into question. Furthermore, individuals interested in attaining information with regard to individual state legislature are also encouraged to perform independent research in order to substantiate the relevancy and current state(s) of specific legislation.

California Abortion Laws

Within the state of California, Abortion is defined as the purposeful termination of a pregnancy through procedural means. Subsequent to the decision of Roe v. Wade, abortion became legal within the United States – however, California state legislation expresses a variety of stipulations with regard to a legal abortion process:

•    The statutory definition of an illegal abortion in California is the termination of a fetus performed by an unauthorized person.

•    The statutory definition of a legal abortion is any medical treatment intended to induce the termination of a pregnancy except for the purpose of producing a live birth

•    In case of an unlawful abortion the penalty is a fine up to $1,000 and/or imprisonment in county jail up to 30 days.

California Marijuana Laws

•    Possession: Possession of any concentrated marijuana: prison in county jail up to 1 yr. or fine up to $500; Up to 28.5 grams: misdemeanor and fine of up to $100; Over 28.5 grams: prison up to 6 months or fine up to $500 or both.

•    Possession for sale: Imprisonment in state prison 2-4 years for transporting, selling etc. If under 28.5 grams: misdemeanor and fine up to $100. 

California DWI and DUI Laws

Driving while intoxicated (DWI) and driving while under the influence (DUI) charges exist in the event that an individual ingests illegal drugs, alcohol, or controlled-substances, which may impair their respective ability to safely operate a motor vehicle; the following DUI and DWI laws exist within the state of California:

•    Zero tolerance laws exist in the event that an individual below the legal age permissible to consume alcohol is suspected to be unlawfully operating a motor vehicle; within the state of California, the Zero Tolerance Blood Alcohol Content Level (BAC) cannot exceed .02%

•    The BAC limit for individuals operating motor vehicles may not reach .08%; this can constitute a DUI or DWI offense

•    In California, there currently exist no supplementary penalties incurred due to BAC levels exceeding the expressed, legal limit

•    Implied consent is a legal instrument that is employed within the realm of a DUI Arrest that entails a verbal or written contract resulting from the willing participation in a regulated activity, such as the operation of a motor vehicle; within California, law enforcement agents are permitted to act in accordance with implied consent laws

•    Upon a DUI or DWI conviction, and individuals is subject to undergo the loss of driving privileges for a period of no less than 90 days’ time;  penalties can range upwards of 1 year in addition to the installation of an ignition interlock device

California Gun Laws

•    A waiting period of 10 days is instituted for the purchase of all guns in California. 

•    Illegal firearms include: any firearm not immediately recognized as such; short-barreled shotguns or rifles, i.e. barrel of less than 18 inches for shotgun, less than 16 inches for rifle; any bullet with explosive agents; multi-burst trigger activator.

•    Individuals under the age of 21 may not conceal their weapons; any individual under the age of 18 may not own a weapon. Convicted felons, drug addicts, and persons convicted of certain misdemeanors may not own firearms.

California Adoption Laws

•    Any unmarried minor at least 10 years younger than the prospective adoptive parent may be adopted.

•    Age that child’s consent needed: 12 years and older

•    Any adult 10 years older than the child may adopt

•    The State department of social services handles all adoptions in California

California Death Penalty Laws 

Within the state of California, Capital Punishment – or the Death Penalty – is legal; however, additional stipulations exist with regard to this procedure:

•    In the event of mental instability authorized by a court or pregnancy, capital punishment is disallowed

•    Lethal gas or lethal injection is the method of execution.

•    Homicide and treason are the crimes that may warrant a capital punishment in California.

•    The minimum age permissible for a capital punishment sentence is 16

•    Within the state of California, homicide is considered to be the only crime punishable by death

•    The accepted means of lethal injection is lethal injection

California Gambling Laws

Within the state of California, Gambling is defined as the purposeful risking of any or all assets, property or monies with the intention of gain; a primary stipulation exists that expressed that the individual retains no control of peripheral outcome(s) with regard to any wagers set forth:

•    Horse racing wagering is legal

•    Dog racing wagering is not specified

•    Indian reservation casinos allowed, otherwise permitted

California Child Laws

Within the state of California, the following stipulations with regard to child laws and child custody are recognized:

•    Joint custody is permitted

•    The rights implied within grandparental visitation are recognized

•    The wishes of any or all children involves are taken into consideration with regard to a custody decision