Cal. PEN § 1004
This is the official text of Cal. PEN § 1004, part of California’s Penal Code — defines crimes and sets criminal procedure in California.
Not legal advice. This page reproduces the official text of a government statute for reference only. Laws change, and how a statute applies depends on your specific facts. For advice about your situation, consult a licensed attorney in your state.
Official statutory text
The defendant may demur to the accusatory pleading at any time prior to the entry of a plea, when it appears upon the face thereof either:
(a) If an indictment, that the grand jury by which it was found had no legal authority to inquire into the offense charged, or, if any information or complaint that the court has no jurisdiction of the offense charged therein.
(b) That it does not substantially conform to the provisions of Sections 950 and 952, and also Section 951 in case of an indictment or information.
(c) That more than one offense is charged, except as provided in Section 954.
(d) That the facts stated do not constitute a public offense.
(e) That it contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other legal bar to the prosecution.
(f) That the statutory provision alleged in the accusatory pleading is constitutionally invalid.
(a) If an indictment, that the grand jury by which it was found had no legal authority to inquire into the offense charged, or, if any information or complaint that the court has no jurisdiction of the offense charged therein.
(b) That it does not substantially conform to the provisions of Sections 950 and 952, and also Section 951 in case of an indictment or information.
(c) That more than one offense is charged, except as provided in Section 954.
(d) That the facts stated do not constitute a public offense.
(e) That it contains matter which, if true, would constitute a legal justification or excuse of the offense charged, or other legal bar to the prosecution.
(f) That the statutory provision alleged in the accusatory pleading is constitutionally invalid.
Status: in_force · Read it on the official government site
Dealing with a criminal defense matter in California?
See all California Criminal Defense lawyers
About this page: Statute text is reproduced from official government publishers via the
Open US Law dataset
(Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine
(Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.