Mayhem & The Coventry Act of 1670

This is one of my favorite subjects in criminal law. It just has such a rich history, ya know?

Section 203 defines simple mayhem as follows: “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.”

The statute “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.” (People v. Santana (2013) 56 Cal.4th 999, 1003.)

“Mayhem, an older form of the word ‘maim,’ was at common law restricted to injuries that ‘substantially reduced the victim's formidability in combat’ [citation]; the rationale being to preserve the king's right to the military services of his subjects. Gradually, the crime evolved to include injuries that did not affect the victim's fighting ability.

Our current mayhem statute is based upon the Coventry Act of 1670, which first broadened mayhem to include mere disfigurement. That statute imposed a sentence of death on any person who, with malice aforethought, ‘cut out or disable[d] the tongue, put out an eye, slit the nose, cut off a nose or lip, or cut off or disable[d] any limb or member of any other person.’” (People v. Keenan (1991) 227 Cal.App.3d 26, 33–34, fn. omitted.)

“Though section 203 contains ‘verbal vestiges’ of the common law and the Coventry Act of 1670, ‘“the modern rationale of the crime may be said to be the preservation of the natural completeness and normal appearance of the human face and body, and not, as originally, the preservation of the sovereign's right to the effective military assistance of his subjects.”’ [Citations.] In other words, section 203 ‘protects the integrity of the victim's person.’” (People v. Santana, supra, 56 Cal.4th at p. 1004.)

“[S]ection 203 has remained unchanged since 1874, [but] cases have periodically clarified the statutory requirements for mayhem. For instance, with respect to a disabling injury, the victim's disability must be more than ‘slight and temporary.’ [Citation.] Similarly, case law has ‘grafted’ on to section 203 the requirement that a disfiguring injury be permanent [citations]; in that regard, ‘an injury may be considered legally permanent for purposes of mayhem despite the fact that cosmetic repair may be medically feasible’ [citations]. And finally, as used in section 203, the word ‘maliciously’ ‘imports an intent to vex, annoy, or injure another person, or an intent to do a wrongful act.’” (People v. Santana, supra, 56 Cal.4th at p. 1007.)

Isn’t that great?

If you or someone you know is accused of inflicting “an injury that substantially reduces a victim’s formidability in combat”, contact experienced mayhem attorney Davis W. Hewitt to schedule a free 30-minute consultation at his Chico Office.