What constitutes the crime of mayhem?

California, United States of America


The following excerpt is from People v. Martinez, D062309 (Cal. App. 2013):

The crime of mayhem is codified in section 203, which "provides: 'Every person who unlawfully and maliciously deprives a human being of a member of his body, or disables, disfigures, or renders it useless, or cuts or disables the tongue, or puts out an eye, or slits the nose, ear, or lip, is guilty of mayhem.' [Citations.] Section 203 generally prohibits six injurious acts against a person, three that specify a particular body part and three that do not: (1) dismembering or depriving a part of someone's body; (2) disabling or rendering useless a part of someone's body; (3) disfiguring someone; (4) cutting or disabling the tongue; (5) putting out an eye; and (6) slitting the nose, ear or lip. [Citation.]" (People v. Santana (2013) 56 Cal.4th 999, 1003.) The rationale for the crime is " ' "the preservation of the natural completeness and normal appearance of the human face and body." ' " (Id. at p. 1004.)

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