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California legal term

Underlying offense in California Criminal Law

Current through 2026 California legislative session

In California criminal law, “Underlying offense” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the California criminal code.

What does “Underlying offense” mean in California criminal law?

“Underlying offense” means an offense enumerated in subdivision (a) for which the defendant is being prosecuted. (Cal. Penal Code § 186.2)

Statutes defining or using this term

Related terms in the same statutes

This reference is informational and is not legal advice.