Of Crimes and PunishmentsGeneral Provisions
Section § 654
If an action can be punished in different ways under different laws, it can only be punished under one law. Once someone is either acquitted or convicted for that action, they can't be tried for that same action again under a different law.
However, if the law applied doesn't allow for probation, probation can't be granted even if the chosen punishment would usually permit it.
Section § 654.1
This law makes it illegal for anyone to sell, offer, or arrange transportation services over California public highways on an individual fare basis unless they are authorized by a valid permit or certificate from the California Public Utilities Commission or the U.S. Interstate Commerce Commission. Essentially, if you're going to offer transportation like a bus or shuttle service, you need official permission to do so.
Section § 654.2
This section explains exceptions to another law about transporting people, specifically when certain conditions are met, meaning that law doesn't apply here.
It doesn't apply if there's no payment for the transportation, or if it's for farm or nonprofit employees traveling to work. It's also not applicable for travel within one city or nearby cities, or for rides in national or state parks combined with other transportation.
Additionally, it excludes ridesharing for work with up to 15 people, as long as it's not for profit beyond the costs of running the van.
Section § 654.3
This law makes it clear that if someone breaks the rules outlined in Section 654.1, they will face increasingly severe punishments with each conviction. For the first time, the person can either be fined up to $500, jailed for up to 90 days, or both. If they're caught again, they have to spend at least 30 days and up to 180 days in jail. By the third time, they must serve between 90 days and a year in jail without the chance of getting probation. This continues to apply if the person has three or more violations.
Section § 655
This law states that if an action or failure to act is considered a crime under this code, it remains a crime even if it's also punishable under the laws of another state or country. The only exception is if it's explicitly stated otherwise in the law.
Section § 656
This law says that if someone is on trial for a crime in California and they have already been found not guilty (acquitted) or guilty (convicted) for the same act or omission under federal law or in another state or territory, that's a strong enough defense to potentially avoid another trial for the same issue.
Section § 656.5
If someone is found guilty of a crime in California that they were already judged for in another country, they can get credit for any time they already spent in jail there. They also get any extra time off they would have earned if they had been jailed in California.
Section § 656.6
This law states that California cannot break international laws or treaties just to bring back someone convicted in a foreign country for a crime they committed in California, in order to prosecute them here.
Section § 657
This means that if something is a crime, it can still be punished as a crime even if it's also considered contempt. Contempt doesn't replace the criminal charge; both can stand separately.
Section § 658
If someone is found guilty and is about to receive their sentence, the court can decide to reduce the punishment if the person has already been fined or jailed for the same act due to a contempt order.
Section § 659
This law states that if a certain action is considered a misdemeanor and there is no specific punishment mentioned for advising or helping someone to commit that action, then anyone who advises or helps is also guilty of a misdemeanor.
Section § 660
This law states that if you commit a crime by sending a letter, the crime is officially committed as soon as you drop the letter in a post office or give it to someone to send.
Section § 661
This law states that if a public official fails to perform their job properly, or breaks the rules of their position, there may be specific penalties. However, if no specific penalty is mentioned, the court can decide to remove them from their job.
Section § 662
This law says that you can't be punished for not doing something if someone else legally did it for you.
Section § 663
If someone tries to commit a crime and actually ends up committing it, they can still be charged with just the attempt, unless the court decides to end the current trial and start a new one for the committed crime instead.
Section § 664
This law addresses the punishment for attempting to commit a crime in California when the attempt doesn't succeed. If the attempted crime would typically result in prison time, the penalty for the attempt is typically half the usual prison term, except for attempts involving premeditated murder, which can lead to a life sentence. If the attempted crime has a life or death penalty, other specific sentencing terms apply. For crimes punishable by jail time or fines, the penalties for attempts are also reduced to half. Special provisions exist when the attempted murder involves peace officers or firefighters, allowing harsher penalties. Attempted murders that are premeditated against these professionals carry a sentence of 15 years to life, with no possibility of early release before 15 years. Attempts punishable by fines result in half the maximum fine usually imposed for the actual crime. Overall, the law aims to issue penalties that reflect the seriousness of the attempted crime, even if it wasn’t fully carried out.
Section § 665
This law says that if someone tries to commit a crime but fails, and in the process ends up committing a different crime, they can still be punished for the crime they actually committed. It doesn't matter if the crime they ended up committing is more or less serious than the one they tried to commit.
Section § 666
This law states that if you've previously been convicted of certain crimes, like theft, burglary, or similar offenses, and served time in prison for those, getting convicted again for petty theft could lead to up to a year in county jail or state prison.
It specifically applies to people who are required to register as sex offenders or those with past violent or serious felony convictions.
Additionally, this law doesn't prevent other possible legal consequences under related statutes for repeat offenders.
Section § 666.1
If someone has two or more past convictions for certain theft-related crimes and gets convicted again for petty theft or shoplifting, they could face up to a year in county jail, or even prison time. This applies to offenses like grand theft, burglary, carjacking, and more. Also, they might be eligible for a program that could include treatment for substance abuse instead of jail.
Before being released after an arrest under this law, a court has to review if releasing them is safe for the public and if they'll appear in court. This can happen even if they're being charged under other laws.
Section § 666.5
If someone has been previously convicted of certain serious vehicle or theft-related felony offenses and is convicted again for a similar offense, they face a prison sentence of two to four years, a fine of up to $10,000, or both. The offenses included are related to vehicles, trailers, special equipment, and vessels.
The court document must clearly state these past offenses, and they must be acknowledged by the accused or proven in court.
Special construction equipment and vessels are considered only if they're motorized under this law.
Section § 667
This law section outlines enhanced sentencing rules for individuals with prior serious or violent felony convictions in California. If you've been convicted of a serious felony and previously convicted of another serious felony, you get an extra five years added to your sentence for each previous conviction. Sentences for these convictions are to run consecutively, meaning end to end, not simultaneously.
There's no limitation on the total length of consecutive sentences. People with prior serious or violent felonies are not eligible for probation or certain rehabilitative programs, and cannot earn early release credits beyond one-fifth of their sentence. If you have one past serious or violent felony, the sentence for a new felony is doubled. If you have two or more such priors, you are likely facing a life sentence.
The law also states that prosecutors must prove prior convictions in court, but they can choose not to pursue such charges if there's insufficient evidence. This section cannot be used in plea bargains to reduce charges or penalties and is intended to ensure lengthy sentences for repeat offenders.
Section § 667.1
This law section explains that for certain criminal offenses, the specific laws referenced in the legal code will be interpreted as they existed on specific past dates. For crimes between November 7, 2012, and December 31, 2023, the laws are referenced as they were on November 7, 2012. For crimes committed on or after January 1, 2024, the statutes are referenced as they are on January 1, 2024.
Section § 667.2
This section discusses helping offenders, released due to Proposition 36 from the 2012 election, reintegrate into society. It states that if funding and space allow, the Department of Corrections and Rehabilitation can offer supportive programs like transitional housing and mental health treatment. These services are available to offenders released under certain sections amended by Proposition 36, provided they aren't under parole or post-release community supervision. Additionally, the Department will establish a process to refer these offenders to available services, and courts will be informed about these options.
Section § 667.5
This law increases prison sentences for new crimes if the person has been in prison before. If the new crime is a violent felony, like murder or rape, a three-year extra sentence is added for each past prison term served for a violent crime. For other felonies, a one-year extra sentence is added if the past prison term was for a sexually violent crime. These extra sentences don't apply if the person has stayed out of prison and hasn't committed a felony for a certain number of years (10 years for violent crimes, 5 years for sexually violent crimes). Specific crimes counted as violent are detailed, such as robbery or kidnapping. The law also covers how prison terms are defined, including periods of mental health commitments or time in federal institutions. Additional penalties must be proven during the new offense case to be applied. If the new crime happens while the person is temporarily out of prison, full sentence enhancements apply.
Section § 667.6
This law sets out extra penalties for certain sexual offenses. If someone is convicted of a serious sexual crime and has similar past convictions, they can get an extra five years added to their sentence for each previous one. If they've served two or more prison terms for such crimes before, an extra ten years can be added for each of those. When these crimes involve the same victim at the same time, full separate sentences can be served consecutively.
Also, if crimes involve different victims or happen on different occasions with the same victim, separate sentences must be served one after another. The duration between crimes doesn't affect whether they are on separate occasions. A fine up to $20,000 might also be imposed, with some funds supporting child abuse prevention and victim support programs.
Section § 667.7
This law deals with what happens to people who have committed serious crimes and have been to prison before. If someone is convicted of a felony involving severe injuries or using great force, and they have already been to prison twice before for certain serious crimes (like murder or rape), they will be considered a repeat offender or "habitual offender."
If they've served two prior prison terms, they must be sentenced to life in prison but can potentially be paroled after 20 years. If they've been to prison three or more times for these serious crimes, they will get life without parole. This section doesn't stop a judge from giving the death penalty or life without parole if the situation requires it. However, the prison terms served more than 10 years ago, during which the person wasn't in trouble, don't count. For these rules to apply, the person's past prison terms have to be clearly stated and either admitted in court or proven by the jury or judge.
Section § 667.8
This law states that if someone is convicted of certain sexual offenses and they kidnapped the victim to commit the crime, they face extra prison time. Generally, there's an additional nine-year sentence for kidnapping the victim unless the victim is under 14 years old, which increases the extra time to 15 years. Also, punishments can add up based on the number of victims or incidents involved, and this additional time can be added to the sentence for either the kidnapping or the sexual offense, but not both.
Section § 667.9
This law adds extra time to the sentences of people who commit certain serious crimes against vulnerable victims. If someone is 65 or older, has a disability like being blind or deaf, or is a child under 14, and the criminal knows about their condition, a one-year sentence enhancement applies. If the offender has a past conviction for the same type of crime, they get an additional two-year enhancement. These specific crimes include mayhem, kidnapping, robbery, carjacking, and various types of sexual assaults and burglaries. The law further defines what 'developmentally disabled' means, focusing on severe, enduring disabilities affecting major life activities.
Section § 667.10
This law increases the punishment for a specific crime if the offender has a prior conviction. If someone has previously committed a crime under Section 289 and then commits that crime against particularly vulnerable people, they will receive an additional two-year prison sentence for each offense. Vulnerable people include those aged 65 or older, under 14, or with disabilities like blindness, deafness, or developmental issues, which the offender knows or reasonably should know.
Additionally, the circumstances that qualify for this increased punishment must be formally stated in legal charges and either admitted by the defendant or determined to be true during a court process.
Section § 667.15
This law states that if an adult shows a minor under 14 any sexual content that involves a minor, with the intent of sexual arousal or seduction, they can face additional penalties if they're also charged with specific crimes against children. If they commit or try to commit a crime under Section 288, they'll get an extra one-year sentence. If it's under Section 288.5, they'll receive an additional two-year sentence. These added penalties are consecutive to other sentences for those crimes.
Section § 667.16
If someone is convicted of certain fraud-related felonies, such as forgery or theft, and these crimes are part of a scheme to defraud property owners (residential or nonresidential) during repairs or improvements due to a natural disaster, they can receive an extra year added to their sentence. This extra term is only applied if it's officially charged and proven in court.
This penalty enhancement applies when a state of emergency is declared by the Governor or the President. However, the court can choose not to apply this additional year if there are specific mitigating circumstances and it provides reasons for this decision.
Section § 667.17
If someone breaks the rules of Section 538d while committing a felony, they will get an extra one-year jail term on top of the punishment for the felony itself. This extra year replaces any penalty that Section 538d would normally give.
Section § 667.51
If someone is convicted of certain serious crimes like child sexual abuse (Sections 288 or 288.5), they can get an extra five years added to their sentence if they've previously been convicted of related offenses, including specific sexual crimes.
If someone has two or more prior convictions for these kinds of crimes and commits another, they face a much harsher sentence ranging from 15 years to life in state prison.
Section § 667.61
This law section establishes severe penalties for certain sexual offenses, emphasizing harsher punishment based on specific circumstances. If someone is convicted of crimes like rape or lewd acts, and certain aggravating factors are present, they can face either 25 years to life or 15 years to life in prison.
Aggravating factors include using a weapon, kidnapping, prior convictions for similar offenses, multiple victims, inflicting bodily harm, or committing the crime during a burglary. These circumstances must be proven in court. If a child under 14 is the victim, offenders may face life in prison without the possibility of parole, depending on their age at the time of the crime.
Probation and sentence suspension for these offenses are not allowed. The law requires consecutive sentences if multiple offenses involve separate victims or are committed on different occasions.
Section § 667.70
If someone was convicted of murder before June 3, 1998, under specific sentencing rules, they can only earn credits that might reduce their time served according to certain guidelines in another section called 2931.
Section § 667.71
This law pertains to individuals considered habitual sexual offenders, meaning they have prior convictions for certain sexual offenses and are again convicted of a similar crime. Such offenders are subject to a sentence of 25 years to life in state prison.
The law lists specific crimes that qualify someone as a habitual offender, including various forms of rape, sexual penetration, lewd acts, child sexual abuse, sodomy, oral copulation, kidnapping with sexual intent, and aggravated sexual assault of a child.
The law also states that no court can dismiss prior convictions and prohibits granting probation or suspending sentences for these offenders.
To apply this section, the offender's status must be formally alleged and either admitted or proven in court.
Section § 667.75
If someone has been convicted of certain drug-related offenses and has already served two or more separate prison terms for similar offenses, they could face life imprisonment without the possibility of parole for at least 17 years or a longer term determined by the court, whichever is greater. However, they can reduce the minimum term under certain prison rules. Previous prison terms can't be counted if over 10 years have passed during which the person has neither been imprisoned nor committed a felony. Prior terms include those spent in the Department of Youth Authority for a felony. To impose this punishment, the prior terms must be officially stated and either admitted by the defendant or proven in court.
Section § 667.85
This law states that if someone is found guilty of kidnapping or carrying away a child under 14 years old to permanently take them away from their parent or guardian, they will face an extra five years in state prison.
Section § 667.95
This law states that if someone is convicted of a violent felony, and they filmed the crime to encourage or help with it, the judge can use that video as a reason to impose a harsher sentence.
Section § 668
If someone has been convicted of a crime in another state or country that is similar to a crime punishable by imprisonment in California, that past conviction can affect how they are punished for any new crime they commit in California. This can include increased penalties or longer prison terms like those used for prior convictions within California.
Section § 668.5
This law says that if a felony conviction is referred to by a specific code section, it should also include any earlier laws that have the same elements as that conviction. This is important for rules that increase penalties or prison time based on previous convictions or prison terms.
Section § 669
This law explains how prison sentences are determined when someone is convicted of multiple crimes. If a person is found guilty of more than one crime, the court decides if the sentences will be served at the same time (concurrently) or back-to-back (consecutively). If there's a life sentence involved, any other fixed-term sentence must be served first and doesn't count towards parole eligibility. If a court doesn't know about a prior conviction at the time of sentencing, or doesn't decide on how the sentences should be served, the new sentence will run concurrently by default, unless the court decides within 60 days. The Department of Corrections and Rehabilitation must inform the court about any previous sentences that have not been fully served. If any crime requires a state prison sentence, all sentences will be served in state prison even if some could have been served in county jail.
Section § 670
This law targets individuals who defraud property owners by scheming to make repairs or improvements on properties damaged by a natural disaster. If someone commits fraud in such cases, especially when there's been a disaster officially recognized by the Governor or President, penalties can be doubled.
If a person has a prior felony conviction for similar fraud, they face an additional year of imprisonment. Additionally, courts must order full restitution to victims, which can affect probation terms, making probation last at least five years or until restitution is paid.
Furthermore, any fines collected can also cover the costs of the investigation and prosecution. This statute ensures that those exploiting disaster situations for financial gain are held accountable with strict penalties and reimbursement requirements.
Section § 672
If someone is convicted of a crime that doesn't have a specific fine already listed, the court can choose to add a fine. The fine can be up to $1,000 for misdemeanors and up to $10,000 for felonies, on top of any jail or prison time.
Section § 673
This law makes it illegal to use cruel, corporal, or unusual punishment in places like jails, hospitals, or any government facility. It prohibits punishments such as the straitjacket, gag, or thumbscrew. It also bans any treatment or neglect that could harm an inmate's health. Violating this law or helping someone else do so is considered a misdemeanor crime.
Section § 674
This law states that if a person caring for children at a day care center commits certain serious crimes, like sexual assault, against a child in their care, they can receive extra prison time. If they worked with someone else to commit the crime, the additional punishment is even longer. These added penalties are on top of any other legal consequences they might face.
Section § 675
If someone is convicted of certain serious crimes, where the crime involved a minor in exchange for money or something of value, they will face an extra year in state prison. This additional punishment can be added on top of any other penalties they might receive.
Section § 678
This law says that when determining the seriousness of a crime or its penalties based on the value of property, the value must be calculated using U.S. dollars.