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.