Prevention of Crimes and Apprehension of CriminalsSentence Enhancements
Section § 12001
This section specifies that the term "firearm" is defined according to a different section, specifically subdivision (a) of Section 16520.
Section § 12003
This law section says that if any part of this title, or any related provisions, is found to be unconstitutional, it won't impact the validity of the rest. The idea is that the legislature intended for the entire title and related provisions to stand, even if some parts are struck down.
Section § 12021.5
This law states that if someone carries a firearm during a gang-related crime, they could face additional prison time. If the firearm is simply loaded or unloaded, the extra time is one, two, or three years, decided by the court. However, if the firearm includes accessories like a detachable magazine or belt-feeding device, the extra prison time increases to two, three, or four years. The court usually chooses the middle sentence unless there are specific reasons to adjust it. The statute also defines terms like 'detachable magazine' and 'belt-feeding device' to clarify what they refer to. This law started being enforced on January 1, 2022.
Section § 12022
This law section outlines extra prison time for crimes involving firearms and deadly weapons. If someone is involved in a felony or attempted felony and is armed with a firearm, they can get an extra year of prison time. If the firearm is an assault weapon or a specific type of gun, the additional punishment is three years. If a person uses a deadly weapon during such crimes, they can also get up to three extra years in prison, depending on the crime. Special rules apply if the crimes involve drug-related offenses, which can lead to an additional three to five years in prison.
Moreover, if a person knows another involved individual is armed but they aren’t personally armed, they might get an extra one to three years. In some exceptional cases, the court can decide that adding extra punishment isn’t necessary if it serves justice better and they explain why. Lastly, when considering extra punishment, all these enhancements count as one, not separately.
Section § 12022.1
If you're out on bail or released on your own recognizance for a felony, that's called a 'primary offense'. If you commit another felony while out, that's a 'secondary offense'.
If you're caught for a secondary offense, you'll face an extra two years in prison, added to what you already owe. This added time must be officially stated during the trial.
If you're sentenced for the secondary offense before the primary one, the extra penalty will be put on hold until after the primary offense's sentencing. If you're found not guilty of the primary offense, the extra penalty is completely canceled.
If you get a state prison sentence for both offenses, they have to run back-to-back. If your primary offense conviction is overturned, the extra penalty is paused, and if retried and convicted, it can be applied again.
Section § 12022.2
If someone commits or tries to commit a felony while having special armor-piercing bullets, they can get an extra prison sentence of three, four, or ten years on top of their usual punishment. The judge usually picks the middle sentence unless there's a strong reason to go higher or lower and must explain why in court.
Also, wearing a bulletproof vest when committing a violent crime can lead to an extra one, two, or five years in prison. The judge will default to the middle sentence unless specific circumstances suggest otherwise and must explain the reasoning.
This law took effect on January 1, 2022.
Section § 12022.3
This law states that if someone commits or tries to commit certain serious sexual offenses, they will face extra time added to their sentence if weapons are involved. If they use a firearm or deadly weapon during the offense, the additional penalty can be 3, 4, or 10 years. If they are simply armed with a weapon, the extra time can be 1, 2, or 5 years.
Section § 12022.4
If someone gives or offers to give a firearm to another person to help commit a felony, they can face extra prison time in addition to the punishment for the felony itself. This can add one to three more years in prison, with the middle term being the default unless special circumstances justify a different sentence length. For this additional charge to be applied, it must be proven during the trial.
This law is effective from January 1, 2022.
Section § 12022.5
If someone personally uses a firearm during a felony or attempted felony, they can face an additional prison term of 3, 4, or 10 years, unless the crime itself involves a firearm. For assault weapons or machineguns, the extra term is 5, 6, or 10 years.
The judge has the discretion to cancel this extra punishment in the interest of justice during sentencing. In cases of assault with a firearm or shooting from a vehicle intending serious harm, the extra punishment still applies.
If the firearm used in the felony is owned by the offender, it is considered a nuisance and must be disposed of legally. Enhancement penalties under this section are treated as a single enhancement for sentencing purposes.
Section § 12022.6
This law states that if someone steals, damages, or destroys property while committing a felony, or commits a felony related to stolen property, the court will add extra time to their sentence based on the value of the property involved. For property losses exceeding $50,000, an additional year is added. Losses over $200,000 get an extra two years, losses over $1,000,000 get three years, and losses over $3,000,000 add four years. For every additional $3,000,000 in losses, another year is tacked on to the sentence.
If multiple crimes are charged, and the total losses come from a related plan and exceed these amounts, the extra time can still apply. The extra years can only be imposed if the crime and amounts are proven in court or acknowledged by the defendant. Additionally, the court can apply another sentencing enhancement alongside this one for the same crime.
Section § 12022.6
This law says that if someone commits a felony and in doing so takes, damages, or destroys property, or commits a crime described in a particular section, they can get extra time added to their prison sentence. The extra time depends on how much the property is worth. The more it’s worth, the more extra time gets added, starting from an additional year for over $50,000 in value up to four years for over $3 million, with even more time for every extra $3 million.
All these extra penalties can be added up if the losses are part of one big plan. However, these penalties only apply if the value amounts are clearly stated in the charges and the defendant agrees or it’s confirmed in court. Even if other laws apply, this can be added to other sentence enhancements. This section will be reviewed for inflation impacts and is set to expire in 2030 unless it gets extended.
Section § 12022.7
This law states that if someone causes serious physical harm, known as "great bodily injury," during a felony or attempted felony, they get extra prison time added to their sentence. If the injury leads to a coma or permanent paralysis, that additional time is five years. If the injured person is over 70 years old, the extra time is five years. For injuring a child under five, the extra time can be four, five, or six years. In cases involving domestic violence, the extra time can be three, four, or five years. "Great bodily injury" covers significant physical harm, and if someone is hurt from a controlled substance, the person who provided it is responsible. This law doesn't apply to murder, manslaughter, arson, or if causing harm is already part of the crime. Also, only one extra sentence can be added for each offense.
Section § 12022.8
If someone causes serious physical harm to a victim during certain sexual crimes, they will get an extra five years added to their prison sentence. This applies to offenses like sexual assault, sodomy, or oral copulation when done with force or threat of harm.
Section § 12022.9
If someone commits a felony or tries to commit one and knows the victim is pregnant, and they deliberately cause harm that ends the pregnancy without the woman's consent, they face an extra five years in prison. This added punishment only applies if it’s specifically stated and proven in court that the injury occurred.
This law doesn’t change any other related murder charges that might apply.
Section § 12022.10
If someone tries to sell, exchange, or return stolen property from a retail business, they can get extra prison time. This applies regardless of whether they actually committed the theft.
The extra sentence depends on the property's value: one extra year for over $50,000, two for over $200,000, three for over $1,000,000, and four for over $3,000,000. For each additional $3,000,000, another year is added.
The same extra sentences apply if someone works with others to sell or exchange stolen retail goods. These additional sentences can also be given if multiple charges or a common plan raise the total value of stolen goods beyond these amounts.
The extra punishment can only be imposed if the value-related facts are mentioned in the charges and admitted by the defendant or proven in court. This law is in effect only until January 1, 2030, unless extended or changed due to inflation.
Section § 12022.53
This law covers specific serious crimes such as murder, mayhem, kidnapping, robbery, and more. If someone uses a gun while committing one of these crimes, they get extra prison time.
The penalty is 10 years extra if they use a gun, 20 years if they shoot it, and 25 years to life if their shooting causes serious injury or death. Only one penalty applies per crime and if it's longer than other firearm punishments, it takes precedence. There’s no parole possible for these penalties.
The law doesn't apply to lawful self-defense or actions by public officers in certain circumstances. Courts can remove or lessen these penalties in special cases, and illegal firearms must be disposed of.
Section § 12022.55
This law states that if someone shoots a gun from a car with the intent to seriously hurt or kill someone, and they end up seriously injuring or killing a person who isn't in a car, while committing a crime, they will face extra prison time. This additional punishment can be 5, 6, or 10 years added to their sentence.
Section § 12022.65
This law states that if someone commits or tries to commit a felony involving the theft, damage, or destruction of property while working with at least two other people, they can face an extra prison sentence of one to three years.
However, this extra punishment is only possible if the crime specifics are mentioned in the charges and are either admitted by the defendant or proven true.
Even with other laws, a court can apply this extra penalty along with other possible enhancements for a single crime.
Section § 12022.75
This law states that if someone uses force, violence, or intimidation to give a controlled substance to another person against their will to commit a felony, they will face an extra three years of prison time on top of the original punishment for that felony.
If the drugging occurs while committing certain crimes like rape, sodomy, oral copulation, or sexual penetration, the additional penalty increases to five years. These specific crimes are outlined in other related legal sections.
Section § 12022.85
This law states that if a person commits certain sexual offenses and knows they have AIDS or test positive for HIV antibodies at the time of the crime, they can get an extra three-year sentence for each violation.
The specific crimes include rape, unlawful intercourse with a minor, sodomy, and oral copulation. To prove the person knew about their HIV status, the prosecutor can use certain test results.
Section § 12022.95
If someone is convicted of child abuse under Section 273a, and the abuse involves circumstances that could cause serious harm or death, resulting in the child's death, they will face an extra four-year prison term added to their sentence. This applies if the person either directly causes harm or allows it to happen while in charge of the child. However, this extra penalty is only applied if it is officially stated in the legal charges against the person and they either admit it or a judge/jury confirms it. This law doesn't change any rules regarding murder charges.