California Penal Code 37 PC defines treason as warring against the state or adhering to its enemies. This felony offense carries the death penalty or life in prison without the possibility of parole.

For most people, treason is considered primarily a crime against the United States under federal law. However, the State of California has its definition and punishment for treason committed against the state.

Penal Code PC 37 PC defines treason as warring against the state or, adhering to its enemies.

Treason is one of the most serious offenses under California law, carrying the gravest of penalties upon conviction.

In fact, because of the severity of the crime and its potential penalties, the burden of proof for prosecutors is higher than that of most other crimes.

If found guilty of committing treason against California, the minimum sentence you face is life imprisonment with no possibility of parole or potentially the death penalty.

The full text of Penal Code 37 PC says, "(a) Treason against this state consists only in levying war against it, adhering to its enemies, or giving them aid and comfort, and can be committed only by persons owing allegiance to the state.

The punishment for treason is death or life imprisonment without the possibility of parole. The penalty shall be determined pursuant to Sections 190.3 and 190.4.

(b) Upon a trial for treason, the defendant cannot be convicted unless upon the testimony of two witnesses to the same overt act or upon confession in open court; nor, except as provided in Sections 190.3 and 190.4, can evidence be admitted of an overt act not expressly charged in the indictment or information; nor can the defendant be convicted unless one or more overt acts be expressly alleged therein."

Related California Penal Code 38 PC says, "Misprision of treason is the knowledge and concealment of treason, without otherwise assenting to or participating in the crime. It is punishable by imprisonment pursuant to subdivision (h) of Section 1170."

What Is Treason Under California Law?

Under PC 37, treason is defined as an act of betrayal against the state. Specifically, treason can occur in one of two ways:

1. Levying war against the state of California: This involves any action that could be construed as making war against the state or attempting to overthrow the government through force or violence.
2. Adhering to the state's enemies, giving them aid and comfort: This includes providing support to any entity or group considered an enemy of the state, thereby assisting them in their efforts against California.

We should note that the crime of treason can only be committed by individuals who owe allegiance to California. This term broadly encompasses California residents and anyone under the jurisdiction of California law.

Under federal law, 18 U.S. Code 2381 Treason says, "Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States."

What Must Be Proven to Convict?

For the state to secure a conviction for treason under Penal Code 37 PC, prosecutors must prove several specific elements of the crime beyond a reasonable doubt.

These factors ensure that only those who have genuinely committed this serious crime are convicted, and they serve as safeguards against wrongful convictions.

To convict you of treason, prosecutors must prove:

• You Committed an Overt Act: The prosecution must prove that you committed an overt act that constitutes treason. Simply harboring treasonous thoughts or intentions is not sufficient; there must be a concrete action taken that clearly demonstrates an attempt either to levy war against the state or to aid its enemies.
• You Did So with Intent: You acted with the specific intent to betray the state. In other words, your actions were not incidental. You must have acted with the purpose of aiding the state's enemies or attempting to overthrow the government.
• Confirmation by Two Witnesses or Your Confession: California law, mirroring the U.S. Constitution, requires that the overt act of treason be proven by the testimony of two witnesses who can independently confirm the act. Alternatively, a conviction can be secured if you confess to the crime in open court. This additional layer of proof is designed to ensure guilt so a severe penalty is not imposed on the innocent.

What are the Penalties for Treason?

The penalties for treason in California are among the most severe in the state's legal system. Upon conviction, you face only two potential outcomes, which will be determined after weighing the aggravating and mitigating circumstances behind the offense:

1. Life Imprisonment Without the Possibility of Parole: If convicted, barring a successful appeal, you will, at the very least, spend the remainder of your life in prison, with no chance of release.
2. Death: The death penalty remains a legal option for those convicted of treason in California. That said, there has been a statewide moratorium on implementing the death penalty in California since 2019, so the death penalty is currently less likely. However, you should be aware of its possibility.

Because these penalties are so severe, the legal system imposes an exceptionally high burden of proof on the prosecution.

The requirement for two witnesses or a confession is part of this elevated standard, ensuring that only those who are truly guilty of treason are punished.

What are the Common Defenses Against Treason Charges?

For those accused of treason against California, a skilled California criminal defense attorney can employ several defenses to contest the charges, including:

• Lack of Intent: Demonstrating that your actions were incidental and carried no intention to betray the state.
• Absence of an Overt Act: The prosecution must show that you committed a clear, overt act of treason. Your attorney can argue that no such act occurred or that the actions in question do not meet the legal definition of an overt act.
• Challenging Witness Credibility: Given the requirement for two witnesses or a confession, the defense can focus on undermining the credibility of the witnesses, highlighting inconsistencies in their testimonies, or showing that the evidence presented does not meet the legal standards for conviction.
• Duress: If you can demonstrate that you were forced to commit the acts in question under threat of harm or death, you may be able to argue that you acted under duress and should not be held accountable for treason.

Contact our criminal defense law firm for additional information. Eisner Gorin LLP is in Los Angeles, CA.

Related Content:

• California Penal Code 37 PC
• California Penal Code 38 PC