Types of Definitions Used in California Statutes

There are several ways to define terms in state law and the 29 Codes have numerous examples. Obviously, using definitions in statutes is the process of defining specific words and phrases within a statute to create legal certainty, eliminate ambiguity, and shorten text.

The two main types of definitions used in California statutes are: Exclusive (or “closed scope”) which uses the term “means” after the defined word; or, inclusive (or “open scope”) which uses the term “includes” after the defined word.

Using the words “means” is meant to be a comprehensive definition. Bill drafters use the word “means” when a definition is exhaustive and complete. On the other hand, drafters use the word “includes” to extend a term’s ordinary meaning to cover specific extra items, without being exhaustive.

The most common is exclusive. In all instances, the word or phrase that is defined is set forth in quotation marks. Once a term is defined, it must carry that exact meaning throughout the entire legislative text.

Example of a definition with a closed scope (“means”):

“Operator” means a person who makes a companion chatbot platform available to a user in the state.

Example of a definition with a closed scope, but multiple qualifiers:

“Licensed professional” means any of the following: …

Example of a definition with an open scope (“includes”):

“Discrimination” includes, but is not limited to, harassment.

Second example of a definition with an open scope (“includes, but is not limited to”):

“Sex discrimination” includes, but is not limited to, discrimination based on any of the following actual or perceived characteristics or actions: …

Example of a definition with a negative open scope:

“Persistent conversational memory” does not include the use of information necessary to ensure the child’s safety, identify a user, enable user preferences, including, but not limited to, educational settings, or maintain device configuration.

Example of a cross-reference to a federal law definition:

“Sexually explicit conduct” has the same meaning as defined in Section 2256 of Title 18 of the United States Code.

Example of a cross-reference to a state law definition (same Code):

“Commercial purposes” has the same meaning as defined in Section 12500.

Example of a cross-reference to a state law definition (different Code), with an additional requirement and an exception:

“Reactive chemical storage facility” means a stationary source, as defined in Section 25532 of the Health and Safety Code, that has a process involving a reactive substance, except for facilities exempt from local building ordinances pursuant to subdivision (d) of Section 53091.

Example of what a term does not include:

“Companion chatbot” does not include any of the following: …

Example of a multi-part definition:

“Portable solar generation device” means a photovoltaic energy generation device, or combination of devices, that meets all of the following conditions: …

Example of a unique definition:

“Explosion” shall be construed in accordance with its common and everyday meaning.

There are two important guidelines when drafting definitions:

First, do not include substantive provisions in a definition. In other words, definitions should only define terms and should never grant powers, impose duties, or establish rules of law.

Second, avoid circular logic in definitions. In other words, do not use the defined word inside its own definition.