PC 152: Concealing an Accidental Death

Legal Definition: “Every person who, having knowledge of an accidental death, actively conceals or attempts to conceal that death, shall be guilty of a misdemeanor punishable by imprisonment in a county jail for not more than one year, or by a fine of not less than one thousand dollars ($1,000) nor more than ten thousand dollars ($10,000), or by both that fine and imprisonment.”

To be found guilty under PC 152, the prosecution must prove that you:

1. Knew of the accidental death of another person; and
2. You actively concealed or attempted to conceal the death.

What does this mean?

Under this section, “to actively conceal an accidental death” means any of the following:

(1) To perform an overt act that conceals the body or directly impedes the ability of authorities or family members to discover the body.

(2) To directly destroy or suppress evidence of the actual physical body of the deceased, including, but not limited to, bodily fluids or tissues.

(3) To destroy or suppress the actual physical instrumentality of death.

Common examples of this could mean hiding a body, destroying evidence, or hiding the instruments used in the death from being found. Note, this charge requires you actively trying to conceal the body, not simply not reporting a body. If a person were to see another lying on the side of the road, likely deceased, it is not a violation under PC 152 to simply ignore the body. However, if you were to stop your car, and then move the body toward the woods or lay a tarp over the body, then you could be guilty of trying to conceal the death.

Accidental death is any death that is caused by accidental means. The accident must also include an aspect of unexpectedness that lead to the death. For example, shooting a person in the face with a gun in order to harm them, but not kill them, would not be unexpected if that person were to die from the gunshot wound. Imagine another example where a person is driving down a street and a pedestrian runs across the street and you hit them. If that person were to die, if there’s no crosswalk, that would be unexpected. In that situation, many people somehow believe that they have committed a crime, so they will try to conceal the evidence of the death, but that is where you could be found in violation under PC 152. This crime penalizes not just people who conceal, but also people who attempt to conceal, even if unsuccessful.

Penalties

A violation under PC 152 is a straight misdemeanor offense. A conviction under this section can land you in County Jail for up to 1 year. You would have to serve at least 50% of that time in custody. You could also be subject to fines from $1,000 upwards of $10,000 if convicted.

This is a strike offense under the California Three Strikes law, but it is not a Sex Offense under PC 290. You could also face a loss of your Professional License if convicted, and if you are not a legal resident, you could face Deportation in Immigration Court since this offense involves dishonesty (lying).

Common Defenses

1. Statute of Limitations
2. Violation of Rights
3. Insufficient Evidence
4. Duress
5. Entrapment

You cannot be found guilty of a crime if you acted under Duress. A person acts under duress if, because of a threat or menace, you believed that you or someone else’s life would be in immediate danger if you refused a demand or request to commit the crimes. This defense can apply if you are forced to conceal an accidental death by another, based on their direct threats to you (such as they will kill you) for failing to help them.

If you are able to show, through your attorney, that the death was something you were unaware of, then you would not be found guilty of violating PC 152. Simply being present around a dead body does not make you have any guilt in what happened to that body, or that you tried to conceal or hide evidence of that death. Failing to show your knowledge of the crime, would mean there is insufficient evidence to prove you guilty of this charge.

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The repercussions of a criminal conviction are far-reaching, often transforming a person’s life completely. The situation becomes particularly dire in cases where an accident or a misunderstanding of the law escalates into criminal charges. Accidental death, while tragic, isn’t inherently criminal, but actions taken post-incident, such as attempting to hide the accident, can lead to serious legal consequences under statutes like PC 152.

In such critical and complex scenarios, it is essential to have a knowledgeable and experienced attorney to navigate the intricacies of the law. Our Ontario PC 152 attorney at Inland Empire Defense has a robust track record of defending individuals across the Inland Empire against a variety of charges, including those related to accidental incidents.

We understand the nuances of these specific cases and are committed to providing a vigorous and strategic defense tailored to your unique situation. Every case deserves a comprehensive and aggressive approach to protect your rights and secure the best possible outcome.

If you or someone you know is facing charges under PC 152, don’t delay seeking professional legal assistance. Contact your local Rancho Cucamonga Criminal Defense Attorney at Inland Empire Defense by calling 909-939-7126. Our office, conveniently located in Ontario, CA, is ready to assist you in navigating through this challenging time and working towards a favorable resolution.

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