Section § 12001

Explanation

This section specifies that the term "firearm" is defined according to a different section, specifically subdivision (a) of Section 16520.

As used in this title, “firearm” has the meaning provided in subdivision (a) of Section 16520.

Section § 12003

Explanation

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.

If any section, subdivision, paragraph, subparagraph, sentence, clause, or phrase of this title or any other provision listed in Section 16580 is for any reason held to be unconstitutional, that decision shall not affect the validity of the remaining portions of this title or any other provision listed in Section 16580. The Legislature hereby declares that it would have passed this title and any other provision listed in Section 16580, and each section, subdivision, paragraph, subparagraph, sentence, clause, and phrase thereof, irrespective of the fact that any one or more other sections, subdivisions, paragraphs, subparagraphs, sentences, clauses, or phrases be declared unconstitutional.

Section § 12021.5

Explanation

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.

(a)CA Penal Law Code § 12021.5(a) Every person who carries a loaded or unloaded firearm on his or her person, or in a vehicle, during the commission or attempted commission of any street gang crimes described in subdivision (a) or (b) of Section 186.22, shall, upon conviction of the felony or attempted felony, be punished by an additional term of imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years in the court’s discretion. The court shall impose the middle term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of sentence.
(b)CA Penal Law Code § 12021.5(b) Every person who carries a loaded or unloaded firearm together with a detachable shotgun magazine, a detachable pistol magazine, a detachable magazine, or a belt-feeding device on his or her person, or in a vehicle, during the commission or attempted commission of any street gang crimes described in subdivision (a) or (b) of Section 186.22, shall, upon conviction of the felony or attempted felony, be punished by an additional term of imprisonment in the state prison for two, three, or four years in the court’s discretion. The court shall impose the middle term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of sentence.
(c)CA Penal Law Code § 12021.5(c) As used in this section, the following definitions shall apply:
(1)CA Penal Law Code § 12021.5(c)(1) “Detachable magazine” means a device that is designed or redesigned to do all of the following:
(A)CA Penal Law Code § 12021.5(c)(1)(A) To be attached to a rifle that is designed or redesigned to fire ammunition.
(B)CA Penal Law Code § 12021.5(c)(1)(B) To be attached to, and detached from, a rifle that is designed or redesigned to fire ammunition.
(C)CA Penal Law Code § 12021.5(c)(1)(C) To feed ammunition continuously and directly into the loading mechanism of a rifle that is designed or redesigned to fire ammunition.
(2)CA Penal Law Code § 12021.5(c)(2) “Detachable pistol magazine” means a device that is designed or redesigned to do all of the following:
(A)CA Penal Law Code § 12021.5(c)(2)(A) To be attached to a semiautomatic firearm that is not a rifle or shotgun that is designed or redesigned to fire ammunition.
(B)CA Penal Law Code § 12021.5(c)(2)(B) To be attached to, and detached from, a firearm that is not a rifle or shotgun that is designed or redesigned to fire ammunition.
(C)CA Penal Law Code § 12021.5(c)(2)(C) To feed ammunition continuously and directly into the loading mechanism of a firearm that is not a rifle or a shotgun that is designed or redesigned to fire ammunition.
(3)CA Penal Law Code § 12021.5(c)(3) “Detachable shotgun magazine” means a device that is designed or redesigned to do all of the following:
(A)CA Penal Law Code § 12021.5(c)(3)(A) To be attached to a firearm that is designed or redesigned to fire a fixed shotgun shell through a smooth or rifled bore.
(B)CA Penal Law Code § 12021.5(c)(3)(B) To be attached to, and detached from, a firearm that is designed or redesigned to fire a fixed shotgun shell through a smooth bore.
(C)CA Penal Law Code § 12021.5(c)(3)(C) To feed fixed shotgun shells continuously and directly into the loading mechanism of a firearm that is designed or redesigned to fire a fixed shotgun shell.
(4)CA Penal Law Code § 12021.5(c)(4) “Belt-feeding device” means a device that is designed or redesigned to continuously feed ammunition into the loading mechanism of a machinegun or a semiautomatic firearm.
(5)CA Penal Law Code § 12021.5(c)(5) “Rifle” shall have the same meaning as specified in Section 17090.
(6)CA Penal Law Code § 12021.5(c)(6) “Shotgun” shall have the same meaning as specified in Section 17190.
(d)CA Penal Law Code § 12021.5(d) This section shall become operative on January 1, 2022.

Section § 12022

Explanation

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.

(a)Copy CA Penal Law Code § 12022(a)
(1)Copy CA Penal Law Code § 12022(a)(1) Except as provided in subdivisions (c) and (d), a person who is armed with a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one year, unless the arming is an element of that offense. This additional term shall apply to a person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with a firearm, whether or not the person is personally armed with a firearm.
(2)CA Penal Law Code § 12022(a)(2) Except as provided in subdivision (c), and notwithstanding subdivision (d), if the firearm is an assault weapon, as defined in Section 30510 or 30515, or a machinegun, as defined in Section 16880, or a .50 BMG rifle, as defined in Section 30530, the additional and consecutive term described in this subdivision shall be three years imprisonment pursuant to subdivision (h) of Section 1170 whether or not the arming is an element of the offense of which the person was convicted. The additional term provided in this paragraph shall apply to any person who is a principal in the commission of a felony or attempted felony if one or more of the principals is armed with an assault weapon, machinegun, or a .50 BMG rifle, whether or not the person is personally armed with an assault weapon, machinegun, or a .50 BMG rifle.
(b)Copy CA Penal Law Code § 12022(b)
(1)Copy CA Penal Law Code § 12022(b)(1) A person who personally uses a deadly or dangerous weapon in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for one year, unless use of a deadly or dangerous weapon is an element of that offense.
(2)CA Penal Law Code § 12022(b)(2) If the person described in paragraph (1) has been convicted of carjacking or attempted carjacking, the additional term shall be in the state prison for one, two, or three years.
(3)CA Penal Law Code § 12022(b)(3) When a person is found to have personally used a deadly or dangerous weapon in the commission of a felony or attempted felony as provided in this subdivision and the weapon is owned by that person, the court shall order that the weapon be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005.
(c)Copy CA Penal Law Code § 12022(c)
(1)Copy CA Penal Law Code § 12022(c)(1) Notwithstanding the enhancement set forth in subdivision (a), a person who is personally armed with a firearm in the commission of a violation or attempted violation of Section 11351, 11351.5, 11352, 11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the Health and Safety Code shall be punished by an additional and consecutive term of imprisonment in the state prison for three, four, or five years.
(2)CA Penal Law Code § 12022(c)(2) Notwithstanding paragraph (9) of subdivision (h) of Section 1170 of the Penal Code, a defendant convicted of an underlying violation specified in this subdivision who admits an enhancement pursuant to this subdivision or for whom an enhancement pursuant to this subdivision is found true, is punishable by imprisonment in the state prison and not pursuant to subdivision (h) of Section 1170 of the Penal Code.
(d)CA Penal Law Code § 12022(d) Notwithstanding the enhancement set forth in subdivision (a), a person who is not personally armed with a firearm who, knowing that another principal is personally armed with a firearm, is a principal in the commission of an offense or attempted offense specified in subdivision (c), shall be punished by an additional and consecutive term of imprisonment pursuant to subdivision (h) of Section 1170 for one, two, or three years.
(e)CA Penal Law Code § 12022(e) For purposes of imposing an enhancement under Section 1170.1, the enhancements under this section shall count as a single enhancement.
(f)CA Penal Law Code § 12022(f) Notwithstanding any other provision of law, the court may strike the additional punishment for the enhancements provided in subdivision (c) or (d) in an unusual case where the interests of justice would best be served, if the court specifies on the record and enters into the minutes the circumstances indicating that the interests of justice would best be served by that disposition.

Section § 12022.1

Explanation

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.

(a)CA Penal Law Code § 12022.1(a) For the purposes of this section only:
(1)CA Penal Law Code § 12022.1(a)(1) “Primary offense” means a felony offense for which a person has been released from custody on bail or on his or her own recognizance prior to the judgment becoming final, including the disposition of any appeal, or for which release on bail or his or her own recognizance has been revoked. In cases where the court has granted a stay of execution of a county jail commitment or state prison commitment, “primary offense” also means a felony offense for which a person is out of custody during the period of time between the pronouncement of judgment and the time the person actually surrenders into custody or is otherwise returned to custody.
(2)CA Penal Law Code § 12022.1(a)(2) “Secondary offense” means a felony offense alleged to have been committed while the person is released from custody for a primary offense.
(b)CA Penal Law Code § 12022.1(b) Any person arrested for a secondary offense that was alleged to have been committed while that person was released from custody on a primary offense shall be subject to a penalty enhancement of an additional two years, which shall be served consecutive to any other term imposed by the court.
(c)CA Penal Law Code § 12022.1(c) The enhancement allegation provided in subdivision (b) shall be pleaded in the information or indictment which alleges the secondary offense, or in the information or indictment of the primary offense if a conviction has already occurred in the secondary offense, and shall be proved as provided by law. The enhancement allegation may be pleaded in a complaint but need not be proved at the preliminary hearing or grand jury hearing.
(d)CA Penal Law Code § 12022.1(d) Whenever there is a conviction for the secondary offense and the enhancement is proved, and the person is sentenced on the secondary offense prior to the conviction of the primary offense, the imposition of the enhancement shall be stayed pending imposition of the sentence for the primary offense. The stay shall be lifted by the court hearing the primary offense at the time of sentencing for that offense and shall be recorded in the abstract of judgment. If the person is acquitted of the primary offense the stay shall be permanent.
(e)CA Penal Law Code § 12022.1(e) If the person is convicted of a felony for the primary offense, is sentenced to state prison for the primary offense, and is convicted of a felony for the secondary offense, any sentence for the secondary offense shall be consecutive to the primary sentence and the aggregate term shall be served in the state prison, even if the term for the secondary offense specifies imprisonment in county jail pursuant to subdivision (h) of Section 1170.
(f)CA Penal Law Code § 12022.1(f) If the person is convicted of a felony for the primary offense, is granted probation for the primary offense, and is convicted of a felony for the secondary offense, any sentence for the secondary offense shall be enhanced as provided in subdivision (b).
(g)CA Penal Law Code § 12022.1(g) If the primary offense conviction is reversed on appeal, the enhancement shall be suspended pending retrial of that felony. Upon retrial and reconviction, the enhancement shall be reimposed. If the person is no longer in custody for the secondary offense upon reconviction of the primary offense, the court may, at its discretion, reimpose the enhancement and order him or her recommitted to custody.

Section § 12022.2

Explanation

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.

(a)CA Penal Law Code § 12022.2(a) Any person who, while armed with a firearm in the commission or attempted commission of any felony, has in his or her immediate possession ammunition for the firearm designed primarily to penetrate metal or armor, shall upon conviction of that felony or attempted felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony, be punished by an additional term of 3, 4, or 10 years. The court shall order the middle term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of the sentence.
(b)CA Penal Law Code § 12022.2(b) Any person who wears a body vest in the commission or attempted commission of a violent offense, as defined in Section 29905, shall, upon conviction of that felony or attempted felony, in addition and consecutive to the punishment prescribed for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of one, two, or five years. The court shall order the middle term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of the sentence.
(c)CA Penal Law Code § 12022.2(c) As used in this section, “body vest” means any bullet-resistant material intended to provide ballistic and trauma protection for the wearer.
(d)CA Penal Law Code § 12022.2(d) This section shall become operative on January 1, 2022.

Section § 12022.3

Explanation

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.

For each violation of Section 220 involving a specified sexual offense, or for each violation or attempted violation of Section 261, 264.1, 286, 287, 288, or 289, or former Section 262 or 288a, and in addition to the sentence provided, a person shall receive the following:
(a)CA Penal Law Code § 12022.3(a) A 3-, 4-, or 10-year enhancement if the person uses a firearm or a deadly weapon in the commission of the violation.
(b)CA Penal Law Code § 12022.3(b) A one-, two-, or five-year enhancement if the person is armed with a firearm or a deadly weapon.

Section § 12022.4

Explanation

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.

(a)CA Penal Law Code § 12022.4(a) Any person who, during the commission or attempted commission of a felony, furnishes or offers to furnish a firearm to another for the purpose of aiding, abetting, or enabling that person or any other person to commit a felony shall, in addition and consecutive to the punishment prescribed by the felony or attempted felony of which the person has been convicted, be punished by an additional term of one, two, or three years in the state prison. The court shall order the middle term unless there are circumstances in aggravation or mitigation. The court shall state the reasons for its enhancement choice on the record at the time of the sentence. The additional term provided in this section shall not be imposed unless the fact of the furnishing is charged in the accusatory pleading and admitted or found to be true by the trier of fact.
(b)CA Penal Law Code § 12022.4(b) This section shall become operative on January 1, 2022.

Section § 12022.5

Explanation

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.

(a)CA Penal Law Code § 12022.5(a) Except as provided in subdivision (b), any person who personally uses a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for 3, 4, or 10 years, unless use of a firearm is an element of that offense.
(b)CA Penal Law Code § 12022.5(b) Notwithstanding subdivision (a), any person who personally uses an assault weapon, as specified in Section 30510 or 30515, or a machinegun, as defined in Section 16880, in the commission of a felony or attempted felony, shall be punished by an additional and consecutive term of imprisonment in the state prison for 5, 6, or 10 years.
(c)CA Penal Law Code § 12022.5(c) The court may, in the interest of justice pursuant to Section 1385 and at the time of sentencing, strike or dismiss an enhancement otherwise required to be imposed by this section. The authority provided by this subdivision applies to any resentencing that may occur pursuant to any other law.
(d)CA Penal Law Code § 12022.5(d) Notwithstanding the limitation in subdivision (a) relating to being an element of the offense, the additional term provided by this section shall be imposed for any violation of Section 245 if a firearm is used, or for murder if the killing is perpetrated by means of shooting a firearm from a motor vehicle, intentionally at another person outside of the vehicle with the intent to inflict great bodily injury or death.
(e)CA Penal Law Code § 12022.5(e) When a person is found to have personally used a firearm, an assault weapon, a machinegun, or a .50 BMG rifle, in the commission of a felony or attempted felony as provided in this section and the firearm, assault weapon, machinegun, or a .50 BMG rifle, is owned by that person, the court shall order that the firearm be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005.
(f)CA Penal Law Code § 12022.5(f) For purposes of imposing an enhancement under Section 1170.1, the enhancements under this section shall count as one single enhancement.

Section § 12022.6

Explanation

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.

(a)CA Penal Law Code § 12022.6(a) When any person takes, damages, or destroys any property in the commission or attempted commission of a felony, or commits a felony violation of Section 496, the court shall impose a term in addition and consecutive to the punishment prescribed for the felony or attempted felony of which the defendant has been convicted, as follows:
(1)CA Penal Law Code § 12022.6(a)(1) If the loss or property value exceeds fifty thousand dollars ($50,000), the court shall impose an additional term of one year.
(2)CA Penal Law Code § 12022.6(a)(2) If the loss or property value exceeds two hundred thousand dollars ($200,000), the court shall impose an additional term of two years.
(3)CA Penal Law Code § 12022.6(a)(3) If the loss or property value exceeds one million dollars ($1,000,000), the court shall impose an additional term of three years.
(4)CA Penal Law Code § 12022.6(a)(4) If the loss or property value exceeds three million dollars ($3,000,000), the court shall impose an additional term of four years.
(5)CA Penal Law Code § 12022.6(a)(5) For every additional loss or property value of three million dollars ($3,000,000), the court shall impose a term of one year in addition to the term specified in paragraph (4).
(b)CA Penal Law Code § 12022.6(b) In any accusatory pleading involving multiple charges of taking, damage, or destruction, or multiple violations of Section 496, the additional terms provided in this section may be imposed if the aggregate losses to the victims or aggregate property values from all felonies exceed the amounts specified in this section and arise from a common scheme or plan. All pleadings under this section shall remain subject to the rules of joinder and severance stated in Section 954.
(c)CA Penal Law Code § 12022.6(c) The additional terms provided in this section shall not be imposed unless the facts relating to the amounts provided in this section are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(d)CA Penal Law Code § 12022.6(d) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count, including an enhancement pursuant to Section 12022.65.

Section § 12022.6

Explanation

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.

(a)CA Penal Law Code § 12022.6(a) If a person takes, damages, or destroys property in the commission or attempted commission of a felony, or commits a felony in violation of Section 496, the court shall impose an additional and consecutive term of imprisonment as follows:
(1)CA Penal Law Code § 12022.6(a)(1) If the loss or property value exceeds fifty thousand dollars ($50,000), the court shall impose an additional term of one year.
(2)CA Penal Law Code § 12022.6(a)(2) If the loss or property value exceeds two hundred thousand dollars ($200,000), the court shall impose an additional term of two years.
(3)CA Penal Law Code § 12022.6(a)(3) If the loss or property value exceeds one million dollars ($1,000,000), the court shall impose an additional term of three years.
(4)CA Penal Law Code § 12022.6(a)(4) If the loss or property value exceeds three million dollars ($3,000,000), the court shall impose an additional term of four years.
(5)CA Penal Law Code § 12022.6(a)(5) For each additional loss or property value of three million dollars ($3,000,000), the court shall impose a term of one year in addition to the term specified in paragraph (4).
(b)CA Penal Law Code § 12022.6(b) In an accusatory pleading involving multiple charges of taking, damage, or destruction, or multiple violations of Section 496, the additional terms provided in this section may be imposed if the aggregate losses to the victims or aggregate property values from all felonies exceed the amounts specified in this section and arise from a common scheme or plan. All pleadings under this section are subject to the rules of joinder and severance stated in Section 954.
(c)CA Penal Law Code § 12022.6(c) The additional terms provided in this section shall not be imposed unless the facts relating to the amounts provided in this section are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(d)CA Penal Law Code § 12022.6(d) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count.
(e)CA Penal Law Code § 12022.6(e) It is the intent of the Legislature that the provisions of this section be reviewed within five years to consider the effects of inflation on the additional terms imposed. This section shall remain in effect only until January 1, 2030, and as of that date is repealed, unless a later enacted statute that is enacted before January 1, 2030, deletes or extends that date.

Section § 12022.7

Explanation

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.

(a)CA Penal Law Code § 12022.7(a) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three years.
(b)CA Penal Law Code § 12022.7(b) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony which causes the victim to become comatose due to brain injury or to suffer paralysis of a permanent nature shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. As used in this subdivision, “paralysis” means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism.
(c)CA Penal Law Code § 12022.7(c) Any person who personally inflicts great bodily injury on a person who is 70 years of age or older, other than an accomplice, in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.
(d)CA Penal Law Code § 12022.7(d) Any person who personally inflicts great bodily injury on a child under the age of five years in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for four, five, or six years.
(e)CA Penal Law Code § 12022.7(e) Any person who personally inflicts great bodily injury under circumstances involving domestic violence in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison for three, four, or five years. As used in this subdivision, “domestic violence” has the meaning provided in subdivision (b) of Section 13700.
(f)Copy CA Penal Law Code § 12022.7(f)
(1)Copy CA Penal Law Code § 12022.7(f)(1) As used in this section, “great bodily injury” means a significant or substantial physical injury.
(2)CA Penal Law Code § 12022.7(f)(2) As used in this section, a person who sells, furnishes, administers, or gives away a controlled substance is deemed to have personally inflicted great bodily injury when the person to whom the substance was sold, furnished, administered, or given suffers a significant or substantial physical injury from using the substance.
(g)CA Penal Law Code § 12022.7(g) This section shall not apply to murder or manslaughter or a violation of Section 451 or 452. Subdivisions (a), (b), (c), and (d) shall not apply if infliction of great bodily injury is an element of the offense.
(h)CA Penal Law Code § 12022.7(h) The court shall impose the additional terms of imprisonment under subdivision (a), (b), (c), or (d), but may not impose more than one of those terms for the same offense.

Section § 12022.8

Explanation

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.

A person who inflicts great bodily injury, as defined in Section 12022.7, on a victim in a violation of Section 220 involving a specified sexual offense, or a violation or attempted violation of paragraph (2), (3), or (6) of subdivision (a) of Section 261, paragraph (1), (2), or (4) of subdivision (a) of former Section 262, Section 264.1, subdivision (b) of Section 288, subdivision (a) of Section 289, or sodomy or oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person as provided in Section 286 or 287, or former Section 288a, shall receive a five-year enhancement for each violation in addition to the sentence provided for the felony conviction.

Section § 12022.9

Explanation

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.

Any person who, during the commission of a felony or attempted felony, knows or reasonably should know that the victim is pregnant, and who, with intent to inflict injury, and without the consent of the woman, personally inflicts injury upon a pregnant woman that results in the termination of the pregnancy shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. The additional term provided in this subdivision shall not be imposed unless the fact of that injury is charged in the accusatory pleading and admitted or found to be true by the trier of fact.
Nothing in this section shall be construed as affecting the applicability of subdivision (a) of Section 187.

Section § 12022.10

Explanation

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.

(a)CA Penal Law Code § 12022.10(a) When a person sells, exchanges, or returns for value, or attempts to sell, exchange, or return for value, property acquired through one or more acts of shoplifting, theft, or burglary from a retail business, whether or not the person committed the act of shoplifting, theft, or burglary, the court shall impose an additional term as follows:
(1)CA Penal Law Code § 12022.10(a)(1) If the property value exceeds fifty thousand dollars ($50,000), the court, in addition and consecutive to the punishment prescribed for the crime of which the defendant has been convicted, shall impose an additional term of one year.
(2)CA Penal Law Code § 12022.10(a)(2) If the property value exceeds two hundred thousand dollars ($200,000), the court, in addition and consecutive to the punishment prescribed for the crime of which the defendant has been convicted, shall impose an additional term of two years.
(3)CA Penal Law Code § 12022.10(a)(3) If the property value exceeds one million dollars ($1,000,000), the court, in addition and consecutive to the punishment prescribed for the crime of which the defendant has been convicted, shall impose an additional term of three years.
(4)CA Penal Law Code § 12022.10(a)(4) If the property value exceeds three million dollars ($3,000,000), the court, in addition and consecutive to the punishment prescribed for the crime of which the defendant has been convicted, shall impose an additional term of four years.
(5)CA Penal Law Code § 12022.10(a)(5) For each property value of three million dollars ($3,000,000), the court shall impose a term of one year in addition to the term specified in paragraph (4).
(b)CA Penal Law Code § 12022.10(b) When a person acts in concert with another to sell, exchange, or return for value, or attempts to sell, exchange, or return for value, property acquired through one or more acts of shoplifting, theft, or burglary from a retail business, whether or not the person committed the act of shoplifting, theft, or burglary, the court shall impose the additional term specified in subdivision (a).
(c)CA Penal Law Code § 12022.10(c) In an accusatory pleading involving multiple charges of sales, exchanges, or returns for value, or attempts to do the same, the additional terms provided in this section may be imposed when the aggregate value of the property involved exceeds the amounts specified in this section and arises from a common scheme or plan. All pleadings under this section are subject to the rules of joinder and severance stated in Section 954.
(d)CA Penal Law Code § 12022.10(d) The additional terms provided in this section shall not be imposed unless the facts relating to the amounts provided in this section are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(e)CA Penal Law Code § 12022.10(e) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count.
(f)CA Penal Law Code § 12022.10(f) It is the intent of the Legislature that the provisions of this section be reviewed within five years to consider the effects of inflation on the additional terms imposed. For that reason, this section shall remain in effect only until January 1, 2030, and as of that date is repealed unless a later enacted statute, that is enacted before January 1, 2030, deletes or extends that date.

Section § 12022.53

Explanation

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.

(a)CA Penal Law Code § 12022.53(a) This section applies to the following felonies:
(1)CA Penal Law Code § 12022.53(a)(1) Section 187 (murder).
(2)CA Penal Law Code § 12022.53(a)(2) Section 203 or 205 (mayhem).
(3)CA Penal Law Code § 12022.53(a)(3) Section 207, 209, or 209.5 (kidnapping).
(4)CA Penal Law Code § 12022.53(a)(4) Section 211 (robbery).
(5)CA Penal Law Code § 12022.53(a)(5) Section 215 (carjacking).
(6)CA Penal Law Code § 12022.53(a)(6) Section 220 (assault with intent to commit a specified felony).
(7)CA Penal Law Code § 12022.53(a)(7) Subdivision (d) of Section 245 (assault with a firearm on a peace officer or firefighter).
(8)CA Penal Law Code § 12022.53(a)(8) Section 261 or former Section 262 (rape).
(9)CA Penal Law Code § 12022.53(a)(9) Section 264.1 (rape or sexual penetration in concert).
(10)CA Penal Law Code § 12022.53(a)(10) Section 286 (sodomy).
(11)CA Penal Law Code § 12022.53(a)(11) Section 287 or former Section 288a (oral copulation).
(12)CA Penal Law Code § 12022.53(a)(12) Section 288 or 288.5 (lewd act on a child).
(13)CA Penal Law Code § 12022.53(a)(13) Section 289 (sexual penetration).
(14)CA Penal Law Code § 12022.53(a)(14) Section 4500 (assault by a life prisoner).
(15)CA Penal Law Code § 12022.53(a)(15) Section 4501 (assault by a prisoner).
(16)CA Penal Law Code § 12022.53(a)(16) Section 4503 (holding a hostage by a prisoner).
(17)CA Penal Law Code § 12022.53(a)(17) Any felony punishable by death or imprisonment in the state prison for life.
(18)CA Penal Law Code § 12022.53(a)(18) Any attempt to commit a crime listed in this subdivision other than an assault.
(b)CA Penal Law Code § 12022.53(b) Notwithstanding any other law, a person who, in the commission of a felony specified in subdivision (a), personally uses a firearm, shall be punished by an additional and consecutive term of imprisonment in the state prison for 10 years. The firearm need not be operable or loaded for this enhancement to apply.
(c)CA Penal Law Code § 12022.53(c) Notwithstanding any other law, a person who, in the commission of a felony specified in subdivision (a), personally and intentionally discharges a firearm, shall be punished by an additional and consecutive term of imprisonment in the state prison for 20 years.
(d)CA Penal Law Code § 12022.53(d) Notwithstanding any other law, a person who, in the commission of a felony specified in subdivision (a), Section 246, or subdivision (c) or (d) of Section 26100, personally and intentionally discharges a firearm and proximately causes great bodily injury, as defined in Section 12022.7, or death, to a person other than an accomplice, shall be punished by an additional and consecutive term of imprisonment in the state prison for 25 years to life.
(e)Copy CA Penal Law Code § 12022.53(e)
(1)Copy CA Penal Law Code § 12022.53(e)(1) The enhancements provided in this section shall apply to any person who is a principal in the commission of an offense if both of the following are pled and proved:
(A)CA Penal Law Code § 12022.53(e)(1)(A) The person violated subdivision (b) of Section 186.22.
(B)CA Penal Law Code § 12022.53(e)(1)(B) Any principal in the offense committed any act specified in subdivision (b), (c), or (d).
(2)CA Penal Law Code § 12022.53(e)(2) An enhancement for participation in a criminal street gang pursuant to Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1 shall not be imposed on a person in addition to an enhancement imposed pursuant to this subdivision, unless the person personally used or personally discharged a firearm in the commission of the offense.
(f)CA Penal Law Code § 12022.53(f) Only one additional term of imprisonment under this section shall be imposed per person for each crime. If more than one enhancement per person is found true under this section, the court shall impose upon that person the enhancement that provides the longest term of imprisonment. An enhancement involving a firearm specified in Section 12021.5, 12022, 12022.3, 12022.4, 12022.5, or 12022.55 shall not be imposed on a person in addition to an enhancement imposed pursuant to this section. An enhancement for great bodily injury as defined in Section 12022.7, 12022.8, or 12022.9 shall not be imposed on a person in addition to an enhancement imposed pursuant to subdivision (d).
(g)CA Penal Law Code § 12022.53(g) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, a person found to come within the provisions of this section.
(h)CA Penal Law Code § 12022.53(h) The court may, in the interest of justice pursuant to Section 1385 and at the time of sentencing, strike or dismiss an enhancement otherwise required to be imposed by this section. The authority provided by this subdivision applies to any resentencing that may occur pursuant to any other law.
(i)CA Penal Law Code § 12022.53(i) The total amount of credits awarded pursuant to Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 or pursuant to Section 4019 or any other law shall not exceed 15 percent of the total term of imprisonment imposed on a defendant upon whom a sentence is imposed pursuant to this section.
(j)CA Penal Law Code § 12022.53(j) For the penalties in this section to apply, the existence of any fact required under subdivision (b), (c), or (d) shall be alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. When an enhancement specified in this section has been admitted or found to be true, the court shall impose punishment for that enhancement pursuant to this section rather than imposing punishment authorized under any other law, unless another enhancement provides for a greater penalty or a longer term of imprisonment.
(k)CA Penal Law Code § 12022.53(k) When a person is found to have used or discharged a firearm in the commission of an offense that includes an allegation pursuant to this section and the firearm is owned by that person, a coparticipant, or a coconspirator, the court shall order that the firearm be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005.
(l)CA Penal Law Code § 12022.53(l) The enhancements specified in this section shall not apply to the lawful use or discharge of a firearm by a public officer, as provided in Section 196, or by any person in lawful self-defense, lawful defense of another, or lawful defense of property, as provided in Sections 197, 198, and 198.5.

Section § 12022.55

Explanation

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.

Notwithstanding Section 12022.5, any person who, with the intent to inflict great bodily injury or death, inflicts great bodily injury, as defined in Section 12022.7, or causes the death of a person, other than an occupant of a motor vehicle, as a result of discharging a firearm from a motor vehicle in the commission of a felony or attempted felony, shall be punished by an additional and consecutive term of imprisonment in the state prison for 5, 6, or 10 years.

Section § 12022.65

Explanation

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.

(a)CA Penal Law Code § 12022.65(a) Any person who acts in concert with two or more persons to take, attempt to take, damage, or destroy any property, in the commission or attempted commission of a felony shall be punished by an additional and consecutive term of imprisonment of one, two, or three years.
(b)CA Penal Law Code § 12022.65(b) The additional term provided in this section shall not be imposed unless the existence of the facts required in subdivision (a) are charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(c)CA Penal Law Code § 12022.65(c) Notwithstanding any other law, the court may impose an enhancement pursuant to this section and another section on a single count, including an enhancement pursuant to Section 12022.6.

Section § 12022.75

Explanation

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.

(a)CA Penal Law Code § 12022.75(a) Except as provided in subdivision (b), any person who, for the purpose of committing a felony, administers by injection, inhalation, ingestion, or any other means, any controlled substance listed in Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code, against the victim’s will by means of force, violence, or fear of immediate and unlawful bodily injury to the victim or another person, shall, in addition and consecutive to the penalty provided for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of three years.
(b)Copy CA Penal Law Code § 12022.75(b)
(1)Copy CA Penal Law Code § 12022.75(b)(1) Any person who, in the commission or attempted commission of any offense specified in paragraph (2), administers any controlled substance listed in Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code to the victim shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.
(2)CA Penal Law Code § 12022.75(b)(2) This subdivision shall apply to the following offenses:
(A)CA Penal Law Code § 12022.75(b)(2)(A) Rape, in violation of paragraph (3) or (4) of subdivision (a) of Section 261.
(B)CA Penal Law Code § 12022.75(b)(2)(B) Sodomy, in violation of subdivision (f) or (i) of Section 286.
(C)CA Penal Law Code § 12022.75(b)(2)(C) Oral copulation, in violation of subdivision (f) or (i) of Section 287 or of former Section 288a.
(D)CA Penal Law Code § 12022.75(b)(2)(D) Sexual penetration, in violation of subdivision (d) or (e) of Section 289.
(E)CA Penal Law Code § 12022.75(b)(2)(E) Any offense specified in subdivision (c) of Section 667.61.

Section § 12022.85

Explanation

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.

(a)CA Penal Law Code § 12022.85(a) A person who violates one or more of the offenses listed in subdivision (b) with knowledge that the person has acquired immune deficiency syndrome (AIDS) or with the knowledge that the person carries antibodies of the human immunodeficiency virus at the time of the commission of those offenses shall receive a three-year enhancement for each violation in addition to the sentence provided under those sections.
(b)CA Penal Law Code § 12022.85(b) Subdivision (a) applies to the following crimes:
(1)CA Penal Law Code § 12022.85(b)(1) Rape in violation of Section 261 or former Section 262.
(2)CA Penal Law Code § 12022.85(b)(2) Unlawful intercourse with a person under 18 years of age in violation of Section 261.5.
(3)CA Penal Law Code § 12022.85(b)(3) Sodomy in violation of Section 286.
(4)CA Penal Law Code § 12022.85(b)(4) Oral copulation in violation of Section 287 or former Section 288a.
(c)CA Penal Law Code § 12022.85(c) For purposes of proving the knowledge requirement of this section, the prosecuting attorney may use test results received under subdivision (c) of Section 1202.1 or subdivision (g) of Section 1202.6.

Section § 12022.95

Explanation

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.

Any person convicted of a violation of Section 273a, who under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or injury that results in death, or having the care or custody of any child, under circumstances likely to produce great bodily harm or death, willfully causes or permits that child to be injured or harmed, and that injury or harm results in death, shall receive a four-year enhancement for each violation, in addition to the sentence provided for that conviction. Nothing in this paragraph shall be construed as affecting the applicability of subdivision (a) of Section 187 or Section 192. This section shall not apply unless the allegation is included within an accusatory pleading and admitted by the defendant or found to be true by the trier of fact.