1.3: Definition of a Crime

Let’s begin at the beginning by defining a crime. As defined by California Penal Code (PC) Section 15 (2024) a crime is defined as a “public offense is an act committed or omitted in violation of a law forbidding or commanding it, and to which is annexed, upon conviction, either of the following punishments:

1. Death;
2. Imprisonment;
3. Fine;
4. Removal from office; or,
5. Disqualification to hold and enjoy any office of honor, trust, or profit in this State.

You will learn about criminal acts and omissions in Chapter 4 “The Elements of a Crime”. For now, it is important to understand that a criminal act or omission to act, and criminal intent are elements or parts of every crime. Illegality is also an element of every crime. Generally, the government must enact a criminal law specifying a crime and its elements before it can punish an individual for criminal behavior. Criminal laws are the primary focus of this book. As you slowly start to build your knowledge and understanding of criminal law, you will notice some unique characteristics of the legal system.

Laws differ significantly from state to state. Throughout the United States, each state and the federal government criminalize different behaviors. Although this plethora of laws makes American legal studies more complicated for teachers and students, the size, cultural makeup, and geographic variety of our country demand this type of legal system.

Laws in a democratic society, unlike laws of nature, are created by people and are founded in religious, cultural, and historical value systems. People from varying backgrounds live in different regions of this country. Thus you will see that different people enact distinct laws that best suit their needs. This book focuses on California law however we often refer to the Model Penal Code which informs law in all states. However, the bulk of any criminal law overview is an examination of different crimes and their elements. This current textbook was revised in summer 2025 and includes laws that were enacted before then.  Always check the most current version of your state’s laws because it may vary from the law presented in this book.

Laws are not static. As society changes, so do the laws that govern behavior. Evolving value systems naturally lead to new laws and regulations supporting modern beliefs. For example, prior to 2016 recreational use of marijuana was illegal in California and still is in many other states. Although a certain stability is essential to the enforcement of rules, occasionally the rules must change. Try to maintain an open mind when reviewing the different and often contradictory laws set forth in this book. Law is not exact, like science or math. Also try to become comfortable with the gray area, rather than viewing situations as black or white. Criminal Law and Criminal Procedure

This book focuses on criminal law, but it occasionally touches on issues of criminal procedure, so it is important to differentiate between the two. Criminal law generally defines the rights and obligations of individuals in society. Some common issues in criminal law are the elements of specific crimes and the elements of various criminal defenses. Criminal procedure generally concerns the enforcement of individuals’ rights during the criminal process. Examples of procedural issues are individuals’ rights during law enforcement investigation, arrest, filing of charges, trial, and appeal.

Example of Criminal Law Issues

Linda needs a new cell phone but cannot afford one. She convinces her friend Carla to go to the Apple store with her to “just take a look.”  Unbeknownst to Carla, Linda has the intent to steal a phone. Moments after they enter the store, Linda places a new iPhone worth $1,200 in her purse. Clara watches, horrified, but does not say anything, even though a security guard is standing nearby. Linda leaves the store without paying for the phone. This example illustrates two issues of criminal law: (1) Which crime did Linda commit when she stole the phone? (2) Did Clara commit a crime when she failed to alert the security guard to Linda’s shoplifting? You learn the answer to these issues later in Chapter 10 “Crimes against Property,” Chapter 4 “The Elements of a Crime,” and Chapter 8 “Parties to Crime”.

Example of Criminal Procedure Issues

Using the previous example, Linda walks out of the store with the stolen goods. Jamal, a police officer, just happens to be parked out front and is notified by store security that Linda has just stolen an iPhone from the store.  Jamal arrests her (laws of arrest are covered in Chapter 3) and transports her to the police station. Jamal begins questioning Linda about the crime and she immediately requests an attorney. Jamal ignores this request and continues to question Linda. Whether Jamal properly arrested and interrogated Linda are criminal procedure issues discussed in Chapter 3, Laws of Arrest and Constitutional Protections.

 

---