Legal Question in Criminal Law in California
In the penal code, what does mean when they say "except as authorized by law" before it states what the law is?
Asked on 3/17/12, 8:54 pm
3 Answers from Attorneys
Joe Dane
Law Office of Joe Dane
That indicates there is an exemption and the act is not completely illegal, but only under certain conditions.
I those conditions are not met, then the act is illegal.
Answered on 3/17/12, 9:26 pm
Anthony Roach
Law Office of Anthony A. Roach
It means that if there is another section that authorizes that behavior, then the behavior described in that section is not illegal. For example, if it says "Except as authorized by law, you cannot carry a gun on school property" and another section says a peace officer can carry a gun on school property in performance of his official duties, then a peace officer is not barred from carrying his gun on school grounds, if it is part of his official duties.
Answered on 3/18/12, 11:39 am
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