GENERAL PROVISIONS

Cal. PEN § 667.71

California Statutes

(

a) For the purpose of this section, a habitual sexual offender is a person who has been previously convicted of one or more of the offenses specified in subdivision (

c) and who is convicted in the present proceeding of one of those offenses. (

b) A habitual sexual offender shall be punished by imprisonment in the state prison for years to life. (

c) This

section shall apply to any of the following offenses:

(1) Rape, in violation of paragraph (2) or (6) of subdivision (

a) of

Section 261.

(2) Rape, in violation of paragraph (1) or (4) of subdivision (

a) of former

Section 262.

(3) Rape or sexual penetration, in concert, in violation of

Section 264.1.

(4) Lewd or lascivious act, in violation of subdivision (

a) or (

b) of

Section 288.

(5) Sexual penetration, in violation of subdivision (

a) or (

j) of

Section 289.

(6) Continuous sexual abuse of a child, in violation of

Section 288.5.

(7) Sodomy, in violation of subdivision (

c) or (

d) of

Section 286.

(8) Oral copulation, in violation of subdivision (

c) or (

d) of

Section or of former

Section 288a.

(9) Kidnapping, in violation of subdivision (

b) of

Section 207.

(10) Kidnapping, in violation of former subdivision (

d) of

Section 208 (kidnapping to commit specified sex offenses).

(11) Kidnapping, in violation of subdivision (

b) of

Section with the intent to commit a specified sexual offense.

(12) Aggravated sexual assault of a child, in violation of

Section 269.

(13) An offense committed in another jurisdiction that includes all of the elements of an offense specified in this subdivision. (

d) Notwithstanding

Section or any other law, the court shall not strike any allegation, admission, or finding of any prior conviction specified in subdivision (

c) for a person who is subject to punishment under this section. (

e) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, a person who is subject to punishment under this section. (

f) This

section shall apply only if the defendant’s status as a habitual sexual offender is alleged in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the trier of fact.

Document details

CollectionCalifornia Statutes
CitationCal. PEN § 667.71
Date2022-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierPEN667.71.202162632

GENERAL PROVISIONS

Cal. PEN § 667.71

California Statutes

GENERAL PROVISIONS

Cal. PEN § 667.71

California Statutes

(

a) For the purpose of this section, a habitual sexual offender is a person who has been previously convicted of one or more of the offenses specified in subdivision (

c) and who is convicted in the present proceeding of one of those offenses. (

b) A habitual sexual offender shall be punished by imprisonment in the state prison for years to life. (

c) This

section shall apply to any of the following offenses:

(1) Rape, in violation of paragraph (2) or (6) of subdivision (

a) of

Section 261.

(2) Rape, in violation of paragraph (1) or (4) of subdivision (

a) of former

Section 262.

(3) Rape or sexual penetration, in concert, in violation of

Section 264.1.

(4) Lewd or lascivious act, in violation of subdivision (

a) or (

b) of

Section 288.

(5) Sexual penetration, in violation of subdivision (

a) or (

j) of

Section 289.

(6) Continuous sexual abuse of a child, in violation of

Section 288.5.

(7) Sodomy, in violation of subdivision (

c) or (

d) of

Section 286.

(8) Oral copulation, in violation of subdivision (

c) or (

d) of

Section or of former

Section 288a.

(9) Kidnapping, in violation of subdivision (

b) of

Section 207.

(10) Kidnapping, in violation of former subdivision (

d) of

Section 208 (kidnapping to commit specified sex offenses).

(11) Kidnapping, in violation of subdivision (

b) of

Section with the intent to commit a specified sexual offense.

(12) Aggravated sexual assault of a child, in violation of

Section 269.

(13) An offense committed in another jurisdiction that includes all of the elements of an offense specified in this subdivision. (

d) Notwithstanding

Section or any other law, the court shall not strike any allegation, admission, or finding of any prior conviction specified in subdivision (

c) for a person who is subject to punishment under this section. (

e) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, a person who is subject to punishment under this section. (

f) This

section shall apply only if the defendant’s status as a habitual sexual offender is alleged in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the trier of fact.

Document details

CollectionCalifornia Statutes
CitationCal. PEN § 667.71
Date2022-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierPEN667.71.202162632