§ 13 Court Determines Crime Punishment

Penal Code·California

AI SummaryVerified

This law says that when the punishment for a crime isn't set to one specific penalty, the judge gets to decide the exact punishment within the given range.

Key Takeaways

•Judges decide the exact punishment when the law gives a range.
•The punishment must stay within the limits set by the law.
•This applies to crimes where the penalty isn't fixed to one specific punishment.

Example

Someone is convicted of theft, and the law says the punishment can be between 1 and 5 years in jail.

The judge will decide if the person goes to jail for 1 year, 5 years, or somewhere in between, based on the details of the crime.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source

View on CA.gov

§ 13 Court Determines Crime Punishment

PENAL CODE - PEN PRELIMINARY PROVISIONS ( Preliminary Provisions enacted 1872. ) 13. Whenever in this Code the punishment for a crime is left undetermined between certain limits, the punishment to be inflicted in a particular case must be determined by the Court authorized to pass sentence, within such limits as may be prescribed by this Code. (Enacted 1872.)

Last verified: January 9, 2026

Key Terms

punishment crime limits Court authorized to pass sentence

References

Official text at leginfo.legislature.ca.gov
California Legislature. Penal Code. Section 13.

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Key Takeaways

Example

Key Terms

Related Statutes

References