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California’s One Strike Offenses (sex crimes that carries life sentences) – California Penal Code PC 667.61

Posted by Raoul Severo | Jan 01, 2021 | 0 Comments

One Strike Law

The one strike law is a type of sentencing enhancement crafted to ensure that people stay away from the horrible criminal acts these laws cover. The most commonly known among these statutes is California's "Three Strike Law," where a person could serve life imprisonment on the third conviction. However, one law could lead to the same sentence with just one conviction, the "One Strike Law.

California Penal Code PC 667.61

The statute states that:

  • any person who is convicted of an offense specified in subdivision (c) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 25 years to life; or
  • any person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 15 years to life.

SUBDIVISION C

  • This section specifies the crimes in violation of PC 667.1. These are:
  • Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261.
  • Spousal rape, in violation of paragraph (1) or (4) of subdivision (a) of Section 262.
  • Rape, spousal rape, or sexual penetration, in concert, in violation of Section 264.1.
  • Lewd or lascivious act, in violation of subdivision (b) of Section 288.
  • Sexual penetration, in violation of subdivision (a) of Section 289.
  • Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 286.
  • Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 287 (former Section 288a).
  • Lewd or lascivious act, in violation of subdivision (a) of Section 288.
  • Continuous sexual abuse of a child, in violation of Section 288.5.

SUBDIVISION D

  • This section specifies the circumstances of a crime in order to be considered as a violation of PC 667.1. These are:
  • The defendant has been previously convicted of an offense specified in subdivision (c), including an offense committed in another jurisdiction that includes all of the elements of an offense specified in subdivision (c).
  • The defendant kidnapped the victim of the present offense and the movement of the victim substantially increased the risk of harm to the victim over and above that level of risk necessarily inherent in the underlying offense in subdivision (c).
  • The defendant inflicted aggravated mayhem or torture on the victim or another person in the commission of the present offense in violation of Section 205 or 206.
  • The defendant committed the present offense during the commission of a burglary of the first degree, as defined in subdivision (a) of Section 460, with intent to commit an offense specified in subdivision (c).
  • The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 287 (former Section 288a), and, in the commission of that offense, any person committed any act described in paragraph (2), (3), or (4) of this subdivision.
  • The defendant personally inflicted great bodily injury on the victim or another person in the commission of the present offense in violation of Section 12022.53, 12022.7, or 12022.8.
  • The defendant personally inflicted bodily harm on the victim who was under 14 years of age.

SUBDIVISION E

  • This section specifies the conditions of the circumstances of a crime in order to be considered as a violation of PC 667.1. These are:
  • Except as provided in paragraph (2) of subdivision (d), the defendant kidnapped the victim of the present offense in violation of Section 207, 209, or 209.5.
  • Except as provided in paragraph (4) of subdivision (d), the defendant committed the present offense during the commission of a burglary in violation of Section 459.
  • The defendant personally used a dangerous or deadly weapon or a firearm in the commission of the present offense in violation of Section 12022, 12022.3, 12022.5, or 12022.53.
  • The defendant has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim.
  • The defendant engaged in the tying or binding of the victim or another person in the commission of the present offense.
  • The defendant administered a controlled substance to the victim in the commission of the present offense in violation of Section 12022.75.
  • The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 287 (former Section 288a), and, in the commission of that offense, any person committed any act described in paragraph (1), (2), (3), (5), or (6) of this subdivision.

Related Laws

Legal Support

To avoid the risks of being charged with any offenses considered as a one strike crime, once you or anyone you know ever had the misfortune of being subjected to legal conflicts regarding serious felonies or the less severe criminal offenses, it would be best to hire the support of our top-notch California criminal defense lawyers. They can help settle such disputes and ensure that your charges will be lessened if not dismissed at the end of the day.

 

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