SENTENCE ENHANCEMENTS

Cal. PEN § 12022.53

California Statutes

(

a) This

section applies to the following felonies:

(1) Section 187 (murder).

(2) Section or 205 (mayhem).

(3) Section 207, 209, or 209.5 (kidnapping).

(4) Section 211 (robbery).

(5) Section 215 (carjacking).

(6) Section 220 (assault with intent to commit a specified felony).

(7) Subdivision (

d) of

Section 245 (assault with a firearm on a peace officer or firefighter).

(8) Section or former

Section 262 (rape).

(9) Section 264.1 (rape or sexual penetration in concert).

(10) Section 286 (sodomy).

(11) Section or former

Section 288a (oral copulation).

(12) Section or 288.5 (lewd act on a child).

(13) Section 289 (sexual penetration).

(14) Section 4500 (assault by a life prisoner).

(15) Section 4501 (assault by a prisoner).

(16) Section 4503 (holding a hostage by a prisoner).

(17) Any felony punishable by death or imprisonment in the state prison for life.

(18) Any attempt to commit a crime listed in this subdivision other than an assault. (

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 years. The firearm need not be operable or loaded for this enhancement to apply. (

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 years. (

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 years to life. (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) The person violated subdivision (

b) of

Section 186.22. (

B) Any principal in the offense committed any act specified in subdivision (b), (c), or (d).

(2) An enhancement for participation in a criminal street gang pursuant to

Chapter 11 (commencing with

Section 186.20) of Title of Part 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) 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) 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) The court may, in the interest of justice pursuant to

Section 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) The total amount of credits awarded pursuant to

Article 2.5 (commencing with

Section 2930) of

Chapter of Title of Part or pursuant to

Section or any other law shall not exceed percent of the total term of imprisonment imposed on a defendant upon whom a sentence is imposed pursuant to this section. (

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) 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 and 18005. (

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.

Document details

CollectionCalifornia Statutes
CitationCal. PEN § 12022.53
Date2022-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierPEN12022.53.202162665

SENTENCE ENHANCEMENTS

Cal. PEN § 12022.53

California Statutes

SENTENCE ENHANCEMENTS

Cal. PEN § 12022.53

California Statutes

(

a) This

section applies to the following felonies:

(1) Section 187 (murder).

(2) Section or 205 (mayhem).

(3) Section 207, 209, or 209.5 (kidnapping).

(4) Section 211 (robbery).

(5) Section 215 (carjacking).

(6) Section 220 (assault with intent to commit a specified felony).

(7) Subdivision (

d) of

Section 245 (assault with a firearm on a peace officer or firefighter).

(8) Section or former

Section 262 (rape).

(9) Section 264.1 (rape or sexual penetration in concert).

(10) Section 286 (sodomy).

(11) Section or former

Section 288a (oral copulation).

(12) Section or 288.5 (lewd act on a child).

(13) Section 289 (sexual penetration).

(14) Section 4500 (assault by a life prisoner).

(15) Section 4501 (assault by a prisoner).

(16) Section 4503 (holding a hostage by a prisoner).

(17) Any felony punishable by death or imprisonment in the state prison for life.

(18) Any attempt to commit a crime listed in this subdivision other than an assault. (

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 years. The firearm need not be operable or loaded for this enhancement to apply. (

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 years. (

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 years to life. (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) The person violated subdivision (

b) of

Section 186.22. (

B) Any principal in the offense committed any act specified in subdivision (b), (c), or (d).

(2) An enhancement for participation in a criminal street gang pursuant to

Chapter 11 (commencing with

Section 186.20) of Title of Part 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) 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) 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) The court may, in the interest of justice pursuant to

Section 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) The total amount of credits awarded pursuant to

Article 2.5 (commencing with

Section 2930) of

Chapter of Title of Part or pursuant to

Section or any other law shall not exceed percent of the total term of imprisonment imposed on a defendant upon whom a sentence is imposed pursuant to this section. (

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) 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 and 18005. (

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.

Document details

CollectionCalifornia Statutes
CitationCal. PEN § 12022.53
Date2022-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierPEN12022.53.202162665