California statute
Cal. Penal Code § 29
Current through 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12)
Part of Title 1: Of Persons Liable to Punishment for Crime, California Penal Code.
Full text of Cal. Penal Code § 29
Statutory text current through the 2025–2026 Regular Session (leginfo weekly dump, 2026-07-12). This publication reproduces the official statutory text; it is not the official statutes of the State of California.
In the guilt phase of a criminal action, any expert testifying about a defendant’s mental illness, mental disorder, or mental defect shall not testify as to whether the defendant had or did not have the required mental states, which include, but are not limited to, purpose, intent, knowledge, or malice aforethought, for the crimes charged. The question as to whether the defendant had or did not have the required mental states shall be decided by the trier of fact.
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