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Penal Code 152 PC | Concealing an Accidental Death
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Penal Code 152 PC – Concealing an Accidental Death
What’s up! This article will explain California’s law against concealing an accidental death under Penal Code 152 PC. We’ll break it down in simple terms, looking at what’s illegal, penalties, defenses, and more. No fancy legal talk here!
What Does the Law Say About Concealing Deaths?
California law makes it illegal to conceal or try to conceal someone’s accidental death. Let’s break down what’s required [1]:
- Someone died in an accidental or unexplained way
- You actively concealed or tried to conceal the death
- You knew about the death when you concealed it
So if you hide your friend’s body after they overdose, you could face charges under PC 152. Even just not reporting the death to prevent discovery is illegal.
How is This Different From Murder?
This crime is about concealing accidental deaths, not causing them. Differences from murder include:
- The death was accidental – you didn’t intend to kill
- You concealed the death only after it happened
- Charges and penalties are much less severe
But concealing any type of death is still treated as a serious crime.
What Are the Penalties?
Concealing an accidental death is a felony under California law. Potential penalties include [6]:
- 16 months, 2 or 3 years in state prison
- Up to $10,000 in fines
- Felony probation
Lower terms may be available if the judge determines unusual circumstances warrant probation instead of incarceration.
Legal Defenses
Here are some examples of defenses that could fight the charges [2]:
- No criminal intent – You didn’t intend to conceal the death.
- False accusations – You weren’t involved in concealing the death.
- Duress – You were threatened or coerced into concealing the death.
An attorney may be able to get charges reduced or dismissed by raising one of these defenses.
You may also face charges like:
- Destruction of evidence – PC 135
- Accessory after the fact – PC 32
- Improper disposal of human remains – HSC 7054
An experienced criminal defense lawyer can help fight multiple charges.
Recent Case Examples
Let’s look at some real case examples [5]:
- People v. Clark – Clark helped hide the body of his friend who overdosed at a party. He was convicted of violating PC 152.
- People v. Miller – Miller was acquitted of concealing her husband’s death, since she could not afford proper burial and did not act criminally.
What to Do If Charged with PC 152
If accused of concealing a death, here are some steps to take:
- Remain silent and only speak to your criminal defense lawyer.
- Hire an experienced criminal defense attorney.
- Follow your lawyer’s advice about plea bargains or going to trial.
- Work closely with your lawyer to build the strongest defense.
Never try to represent yourself on felony charges. An experienced California criminal defense lawyer can often negotiate reduced charges or even get charges dismissed. Don’t take chances with your future!