reglab/statecodes huggingface dataset:
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 15 - MISCELLANEOUS CRIMES › CHAPTER 2 - Of Other and Miscellaneous Offenses › Section 653u.

653u. (a) Any person who records or masters or causes to be recorded or mastered on any article with the intent to sell for commercial advantage or private financial gain, the sounds of a live performance with the knowledge that the sounds thereon have been recorded or mastered without the consent of the owner of the sounds of the live performance is guilty of a public offense punishable as provided in subdivisions (d) and (e).
(b) In the absence of a written agreement or operation of law to the contrary, the performer or performers of the sounds of a live performance shall be presumed to own the right to record or master those sounds.
(c) (1) For purposes of this section, a person who is authorized to maintain custody and control over business records reflecting the consent of the owner to the recordation or master recording of a live performance shall be a proper witness in any proceeding regarding the issue of consent.
(2) Any witness called pursuant to this section shall be subject to all rules of evidence relating to the competency of a witness to testify and the relevance and admissibility of the testimony offered.
(d) Any person who has been convicted of a violation of subdivision (a) shall be punished by imprisonment in the county jail not to exceed one year, or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or five years, or by a fine not to exceed five hundred thousand dollars ($500,000), or by both that fine and imprisonment, if the offense involves the recording, mastering, or causing to be recorded or mastered at least 1,000 articles described in subdivision (a).
(e) Any person who has been convicted of any other violation of subdivision (a) not described in subdivision (d), shall be punished by imprisonment in the county jail not to exceed one year, or by a fine not to exceed fifty thousand dollars ($50,000), or by both that fine and imprisonment. A second or subsequent conviction under subdivision (a) not described in subdivision (d) shall be punished by imprisonment in the county jail not to exceed one year or pursuant to subdivision (h) of Section 1170 or by a fine not to exceed two hundred thousand dollars ($200,000), or by both that fine and imprisonment.
(Amended by Stats. 2011, Ch. 15, Sec. 437. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 15 - MISCELLANEOUS CRIMES › CHAPTER 2 - Of Other and Miscellaneous Offenses › Section 653v.

653v. Whenever any person is convicted of any violation of Section 653h, 653s, 653u, or 653w the court, in its judgment of conviction, shall, in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all articles, including, but not limited to, phonograph records, discs, wires, tapes, films, or any other article upon which sounds or images can be recorded or stored, and any and all electronic, mechanical, or other devices for manufacturing, reproducing or assembling these articles, which were used in connection with, or which were part of, any violation of Section 653h, 653s, 653u, or 653w.
(Amended by Stats. 1985, Ch. 364, Sec. 2.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 15 - MISCELLANEOUS CRIMES › CHAPTER 2 - Of Other and Miscellaneous Offenses › Section 653x.

653x. (a) A person who telephones or uses an electronic communication device to initiate communication with the 911 emergency system with the intent to annoy or harass another person is guilty of a misdemeanor punishable by a fine of not more than one thousand dollars ($1,000), by imprisonment in a county jail for not more than six months, or by both the fine and imprisonment. Nothing in this section shall apply to telephone calls or communications using electronic devices made in good faith.
(b) An intent to annoy or harass is established by proof of repeated calls or communications over a period of time, however short, that are unreasonable under the circumstances.
(c) Upon conviction of a violation of this section, a person also shall be liable for all reasonable costs incurred by any unnecessary emergency response.
(Amended by Stats. 2016, Ch. 96, Sec. 1. (AB 1769) Effective January 1, 2017.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 15 - MISCELLANEOUS CRIMES › CHAPTER 2 - Of Other and Miscellaneous Offenses › Section 653z.

653z. (a) Every person who operates a recording device in a motion picture theater while a motion picture is being exhibited, for the purpose of recording a theatrical motion picture and without the express written authority of the owner of the motion picture theater, is guilty of a public offense and shall be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding five thousand dollars ($5,000), or by both that fine and imprisonment.
(b) For the purposes of this section, the following terms have the following meanings:
(1) “Recording device” means a photographic, digital or video camera, or other audio or video recording device capable of recording the sounds and images of a motion picture or any portion of a motion picture.
(2) “Motion picture theater” means a theater or other premises in which a motion picture is exhibited.
(c) Nothing in this section shall preclude prosecution under any other provision of law.
(Amended by Stats. 2010, Ch. 351, Sec. 7. (AB 819) Effective September 27, 2010.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 15 - MISCELLANEOUS CRIMES › CHAPTER 2 - Of Other and Miscellaneous Offenses › Section 653.1.

653.1. (a) No person or group shall release, outdoors, balloons made of electrically conductive material and filled with a gas lighter than air, as part of a public or civic event, promotional activity, or product advertisement.
(b) Any person who violates this section shall be guilty of an infraction punishable by a fine not exceeding one hundred dollars ($100). Any person who violates this section who has been previously convicted twice of violating this section shall be guilty of a misdemeanor.
(c) This section shall not apply to manned hot air balloons, or to balloons used in governmental or scientific research projects.
(Amended by Stats. 2018, Ch. 262, Sec. 2. (AB 2450) Effective January 1, 2019.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 15 - MISCELLANEOUS CRIMES › CHAPTER 2 - Of Other and Miscellaneous Offenses › Section 653.2.

653.2. (a) Every person who, with intent to place another person in reasonable fear for his or her safety, or the safety of the other person’s immediate family, by means of an electronic communication device, and without consent of the other person, and for the purpose of imminently causing that other person unwanted physical contact, injury, or harassment, by a third party, electronically distributes, publishes, e-mails, hyperlinks, or makes available for downloading, personal identifying information, including, but not limited to, a digital image of another person, or an electronic message of a harassing nature about another person, which would be likely to incite or produce that unlawful action, is guilty of a misdemeanor punishable by up to one year in a county jail, by a fine of not more than one thousand dollars ($1,000), or by both that fine and imprisonment.
(b) For purposes of this section, “electronic communication device” includes, but is not limited to, telephones, cell phones, computers, Internet Web pages or sites, Internet phones, hybrid cellular/Internet/wireless devices, personal digital assistants (PDAs), video recorders, fax machines, or pagers. “Electronic communication” has the same meaning as the term is defined in Section 2510(12) of Title 18 of the United States Code.
(c) For purposes of this section, the following terms apply:
(1) “Harassment” means a knowing and willful course of conduct directed at a specific person that a reasonable person would consider as seriously alarming, seriously annoying, seriously tormenting, or seriously terrorizing the person and that serves no legitimate purpose.
(2) “Of a harassing nature” means of a nature that a reasonable person would consider as seriously alarming, seriously annoying, seriously tormenting, or seriously terrorizing of the person and that serves no legitimate purpose.
(Amended by Stats. 2009, Ch. 140, Sec. 144. (AB 1164) Effective January 1, 2010.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 15 - MISCELLANEOUS CRIMES › CHAPTER 2.5 - Loitering for the Purpose of Engaging in a Prostitution Offense › Section 653.23.

653.23. (a) It is unlawful for a person to do either of the following:
(1) Direct, supervise, recruit, or otherwise aid another person in the commission of a violation of subdivision (b) of Section 647.
(2) Collect or receive all or part of the proceeds earned from an act or acts of prostitution committed by another person in violation of subdivision (b) of Section 647.
(b) Nothing in this section shall preclude the prosecution of a suspect for a violation of Section 266h or 266i or for any other offense, or for a violation of this section in conjunction with a violation of Section 266h or 266i or any other offense.
(Amended by Stats. 2022, Ch. 86, Sec. 5. (SB 357) Effective January 1, 2023.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 15 - MISCELLANEOUS CRIMES › CHAPTER 2.5 - Loitering for the Purpose of Engaging in a Prostitution Offense › Section 653.24.

653.24. If any section, subdivision, sentence, clause, phrase, or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, that portion shall be deemed a separate, distinct, and independent provision, and that holding shall not affect the validity of the remaining portion of the chapter.
(Added by Stats. 1995, Ch. 981, Sec. 4. Effective January 1, 1996.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 15 - MISCELLANEOUS CRIMES › CHAPTER 2.5 - Loitering for the Purpose of Engaging in a Prostitution Offense › Section 653.26.

653.26. A violation of any provision of this chapter is a misdemeanor.
(Added by Stats. 1995, Ch. 981, Sec. 4. Effective January 1, 1996.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 15 - MISCELLANEOUS CRIMES › CHAPTER 2.5 - Loitering for the Purpose of Engaging in a Prostitution Offense › Section 653.28.

653.28. Nothing in this chapter or Chapter 2 (commencing with Section 639) shall prevent a local governing body from adopting and enforcing laws consistent with these chapters relating to prostitution or prostitution-related activity. Where local laws duplicate or supplement this chapter or Chapter 2 (commencing with Section 639), these chapters shall be construed as providing alternative remedies and not to preempt the field.
(Added by Stats. 1995, Ch. 981, Sec. 4. Effective January 1, 1996.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 15 - MISCELLANEOUS CRIMES › CHAPTER 2.5 - Loitering for the Purpose of Engaging in a Prostitution Offense › Section 653.29.

653.29. (a) (1) A person currently serving a sentence for a conviction of violating former Section 653.22, whether by trial or by open or negotiated plea, may petition for a recall or dismissal of sentence before the trial court that entered the judgment of conviction in the case to request resentencing or dismissal, and sealing, as applicable.
(2) Upon receiving a petition under paragraph (1), the court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the petition proves by clear and convincing evidence that the petitioner does not satisfy the criteria. If the petitioner satisfies the criteria in paragraph (1), the court shall grant the petition to recall the sentence or dismiss the sentence because it is legally invalid and shall seal the conviction as legally invalid.
(b) (1) A person who has completed their sentence for a conviction of violating former Section 653.22, whether by trial or open or negotiated plea, may file an application before the trial court that entered the judgment of conviction in their case to have the conviction dismissed and sealed because the prior conviction is now legally invalid.
(2) The court shall presume the petitioner satisfies the criteria in paragraph (1) unless the party opposing the application proves by clear and convincing evidence that the petitioner does not satisfy the criteria in paragraph (1). Once the applicant satisfies the criteria in paragraph (1), the court shall seal the conviction as legally invalid.
(c) Unless requested by the applicant, no hearing is necessary to grant or deny an application filed under subdivision (b).
(d) If the court that originally sentenced the petitioner is not available, the presiding judge shall designate another judge to rule on the petition or application.
(e) Nothing in this section is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner or applicant.
(f) The Judicial Council shall promulgate and make available all necessary forms to enable the filing of the petitions and applications provided in this section.
(Amended by Stats. 2023, Ch. 131, Sec. 150. (AB 1754) Effective January 1, 2024.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 15 - MISCELLANEOUS CRIMES › CHAPTER 3 - Immigration Matters › Section 653.55.

653.55. It is a misdemeanor for any person for compensation to knowingly make a false or misleading material statement or assertion of fact in the preparation of an immigration matter which statement or assertion is detrimentally relied upon by another. Such a misdemeanor is punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars ($2,500), or by both.
(Amended by Stats. 1976, Ch. 1125.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 15 - MISCELLANEOUS CRIMES › CHAPTER 3 - Immigration Matters › Section 653.56.

653.56. For purposes of this chapter:
(a) “Compensation” means money, property, or anything else of value.
(b) “Immigration matter” means any proceeding, filing, or action affecting the immigration or citizenship status of any person which arises under immigration and naturalization law, executive order or presidential proclamation, or action of the United States Immigration and Customs Enforcement, the United States Department of State, or the United States Department of Labor.
(c) “Person” means any individual, firm, partnership, corporation, limited liability company, association, other organization, or any employee or agent thereof.
(d) “Preparation” means giving advice on an immigration matter and includes drafting an application, brief, document, petition, or other paper, or completing a form provided by a federal or state agency in an immigration matter.
(Amended by Stats. 2011, Ch. 296, Sec. 210. (AB 1023) Effective January 1, 2012.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 15 - MISCELLANEOUS CRIMES › CHAPTER 3 - Immigration Matters › Section 653.57.

653.57. Any person violating the provisions of this chapter may be enjoined by any superior court of competent jurisdiction upon an action for injunction, brought by the Attorney General, or any district attorney, county counsel, city attorney, or city prosecutor in this state, and the superior court shall, after proof of violation, issue an injunction or other appropriate order restraining such conduct.
(Added by Stats. 1974, Ch. 999.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 15 - MISCELLANEOUS CRIMES › CHAPTER 3 - Immigration Matters › Section 653.58.

653.58. Any person who intentionally violates any injunction issued pursuant to Section 653.57 shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation. Where the conduct constituting a violation is of a continuing nature, each day of such conduct is a separate and distinct violation.
(Amended by Stats. 1976, Ch. 1125.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 15 - MISCELLANEOUS CRIMES › CHAPTER 3 - Immigration Matters › Section 653.59.

653.59. Any person who violates any provision of this chapter shall be liable for a civil penalty not to exceed two thousand five hundred dollars ($2,500) for each violation, which shall be assessed and recovered in a civil action brought in the name of the people of the State of California by the Attorney General, or any district attorney, county counsel, city attorney, or city prosecutor in this state in any court of competent jurisdiction. If the civil action was brought by the Attorney General, one-half of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered, and one-half to the State General Fund. If the civil action was brought by a district attorney or county counsel, the entire amount of the penalty collected shall be paid to the treasurer of the county in which the judgment was entered. If the civil action was brought by a city attorney or city prosecutor, one-half of the penalty shall be paid to the treasurer of the county in which the judgment was entered and one-half to the city.
The action may be brought upon the complaint of any person acting for the interests of itself, or members, or the general public.
(Added by Stats. 1974, Ch. 999.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 15 - MISCELLANEOUS CRIMES › CHAPTER 3 - Immigration Matters › Section 653.60.

653.60. Any person injured by violation of this chapter may recover: (a) his actual damages or five hundred dollars ($500), whichever is greater; and (b) the costs of the suit, including reasonable attorney’s fees.
(Added by Stats. 1974, Ch. 999.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 15 - MISCELLANEOUS CRIMES › CHAPTER 3 - Immigration Matters › Section 653.61.

653.61. The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this state.
(Added by Stats. 1974, Ch. 999.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 15 - MISCELLANEOUS CRIMES › CHAPTER 4 - Crimes Committed while in Custody in Correctional Facilities › Section 653.75.

653.75. Any person who commits any public offense while in custody in any local detention facility, as defined in Section 6031.4, or any state prison, as defined in Section 4504, is guilty of a crime. That crime shall be punished as provided in the section prescribing the punishment for that public offense.
(Added by Stats. 1987, Ch. 1005, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 16 - GENERAL PROVISIONS › Section 654.

654. (a) An act or omission that is punishable in different ways by different provisions of law may be punished under either of such provisions, but in no case shall the act or omission be punished under more than one provision. An acquittal or conviction and sentence under any one bars a prosecution for the same act or omission under any other.
(b) Notwithstanding subdivision (a), a defendant sentenced pursuant to subdivision (a) shall not be granted probation if any of the provisions that would otherwise apply to the defendant prohibits the granting of probation.
(Amended by Stats. 2021, Ch. 441, Sec. 1. (AB 518) Effective January 1, 2022.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 16 - GENERAL PROVISIONS › Section 654.1.

654.1. It shall be unlawful for any person, acting individually or as an officer or employee of a corporation, or as a member of a copartnership or as a commission agent or employee of another person, firm or corporation, to sell or offer for sale or, to negotiate, provide or arrange for, or to advertise or hold himself out as one who sells or offers for sale or negotiates, provides or arranges for transportation of a person or persons on an individual fare basis over the public highways of the State of California unless such transportation is to be furnished or provided solely by, and such sale is authorized by, a carrier having a valid and existing certificate of convenience and necessity, or other valid and existing permit from the Public Utilities Commission of the State of California, or from the Interstate Commerce Commission of the United States, authorizing the holder of such certificate or permit to provide such transportation.
(Added by Stats. 1947, Ch. 1215.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 16 - GENERAL PROVISIONS › Section 654.2.

654.2. The provisions of Section 654.1 of the Penal Code shall not apply to the selling, furnishing, or providing of transportation of any person or persons in any of the following circumstances:
(a) When no compensation is paid or to be paid, either directly or indirectly, for the transportation.
(b) For the furnishing or providing of transportation to or from work of employees engaged in farmwork on any farm of the State of California.
(c) For the furnishing or providing of transportation to and from work of employees of any nonprofit cooperative association, organized pursuant to any law of the State of California.
(d) For the transportation of persons wholly or substantially within the limits of a single municipality or of contiguous municipalities.
(e) For transportation of persons over a route wholly or partly within a national park or state park where the transportation is sold in conjunction with, or as part of, a rail trip or trip over a regularly operated motorbus transportation system or line.
(f) For the transportation of persons between home and work locations or of persons having a common work-related trip purpose in a vehicle having a seating capacity of 15 passengers or less, including the driver, which is used for the purpose of ridesharing, as defined in Section 522 of the Vehicle Code, when the ridesharing is incidental to another purpose of the driver. This exemption does not apply if the primary purpose for the transportation of those persons is to make a profit. “Profit,” as used in this subdivision, does not include the recovery of the actual costs incurred in owning and operating a vanpool vehicle, as defined in Section 668 of the Vehicle Code.
(Amended by Stats. 1982, Ch. 185, Sec. 2.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 16 - GENERAL PROVISIONS › Section 654.3.

654.3. Violation of Section 654.1 shall be a misdemeanor, and upon first conviction the punishment shall be a fine of not over five hundred dollars ($500), or imprisonment in jail for not over 90 days, or both such fine and imprisonment. Upon second conviction the punishment shall be imprisonment in jail for not less than 30 days and not more than 180 days. Upon a third or subsequent conviction the punishment shall be confinement in jail for not less than 90 days and not more than one year, and a person suffering three or more convictions shall not be eligible to probation, the provisions of any law to the contrary notwithstanding.
(Amended by Stats. 1983, Ch. 1092, Sec. 319. Effective September 27, 1983. Operative January 1, 1984, by Sec. 427 of Ch. 1092.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 16 - GENERAL PROVISIONS › Section 656.

656. Whenever on the trial of an accused person it appears that upon a criminal prosecution under the laws of the United States, or of another state or territory of the United States based upon the act or omission in respect to which he or she is on trial, he or she has been acquitted or convicted, it is a sufficient defense.
(Amended by Stats. 2004, Ch. 511, Sec. 1. Effective January 1, 2005.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 16 - GENERAL PROVISIONS › Section 656.5.

656.5. Any person convicted of a crime based upon an act or omission for which he or she has been acquitted or convicted in another country shall be entitled to credit for any actual time served in custody in a penal institution in that country for the crime, and for any additional time credits that would have actually been awarded had the person been incarcerated in California.
(Added by Stats. 2004, Ch. 511, Sec. 2. Effective January 1, 2005.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 16 - GENERAL PROVISIONS › Section 656.6.

656.6. No international treaties or laws shall be violated to secure the return of a person who has been convicted in another country of a crime committed in California in order to prosecute the person in California.
(Added by Stats. 2004, Ch. 511, Sec. 3. Effective January 1, 2005.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 16 - GENERAL PROVISIONS › Section 658.

658. When it appears, at the time of passing sentence upon a person convicted upon indictment, that such person has already paid a fine or suffered an imprisonment for the act of which he stands convicted, under an order adjudging it a contempt, the Court authorized to pass sentence may mitigate the punishment to be imposed, in its discretion.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 16 - GENERAL PROVISIONS › Section 659.

659. Whenever an act is declared a misdemeanor, and no punishment for counseling or aiding in the commission of such act is expressly prescribed by law, every person who counsels or aids another in the commission of such act is guilty of a misdemeanor.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 16 - GENERAL PROVISIONS › Section 660.

660. In the various cases in which the sending of a letter is made criminal by this Code, the offense is deemed complete from the time when such letter is deposited in any Post Office or any other place, or delivered to any person, with intent that it shall be forwarded.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 16 - GENERAL PROVISIONS › Section 661.

661. In addition to the penalty affixed by express terms, to every neglect or violation of official duty on the part of public officers, State, county, city, or township, where it is not so expressly provided, they may, in the discretion of the Court, be removed from office.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 16 - GENERAL PROVISIONS › Section 663.

663. Any person may be convicted of an attempt to commit a crime, although it appears on the trial that the crime intended or attempted was perpetrated by such person in pursuance of such attempt, unless the Court, in its discretion, discharges the jury and directs such person to be tried for such crime.
(Enacted 1872.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 16 - GENERAL PROVISIONS › Section 665.

665. Sections 663 and 664 do not protect a person who, in attempting unsuccessfully to commit a crime, accomplishes the commission of another and different crime, whether greater or less in guilt, from suffering the punishment prescribed by law for the crime committed.
(Amended by Stats. 1987, Ch. 828, Sec. 45.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 16 - GENERAL PROVISIONS › Section 666.

666. (a) Notwithstanding Section 490, any person described in subdivision (b) who, having been convicted of petty theft, grand theft, a conviction pursuant to subdivision (d) or (e) of Section 368, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony violation of Section 496, and having served a term of imprisonment therefor in any penal institution or having been imprisoned therein as a condition of probation for that offense, and who is subsequently convicted of petty theft, is punishable by imprisonment in the county jail not exceeding one year, or in the state prison.
(b) Subdivision (a) shall apply to any person who is required to register pursuant to the Sex Offender Registration Act, or who has a prior violent or serious felony conviction, as specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667, or has a conviction pursuant to subdivision (d) or (e) of Section 368.
(c) This section shall not be construed to preclude prosecution or punishment pursuant to subdivisions (b) to (i), inclusive, of Section 667, or Section 1170.12.
(Amended November 4, 2014, by initiative Proposition 47, Sec. 10.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 16 - GENERAL PROVISIONS › Section 666.5.

666.5. (a) Every person who, having been previously convicted of a felony violation of Section 10851 of the Vehicle Code, or felony grand theft involving an automobile in violation of subdivision (d) of Section 487 or former subdivision (3) of Section 487, as that section read prior to being amended by Section 4 of Chapter 1125 of the Statutes of 1993, or felony grand theft involving a motor vehicle, as defined in Section 415 of the Vehicle Code, any trailer, as defined in Section 630 of the Vehicle Code, any special construction equipment, as defined in Section 565 of the Vehicle Code, or any vessel, as defined in Section 21 of the Harbors and Navigation Code in violation of former Section 487h, or a felony violation of Section 496d regardless of whether or not the person actually served a prior prison term for those offenses, is subsequently convicted of any of these offenses shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years, or a fine of ten thousand dollars ($10,000), or both the fine and the imprisonment.
(b) For the purposes of this section, the terms “special construction equipment” and “vessel” are limited to motorized vehicles and vessels.
(c) The existence of any fact which would bring a person under subdivision (a) shall be alleged in the information or indictment and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury.
(Amended by Stats. 2011, Ch. 15, Sec. 441. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 16 - GENERAL PROVISIONS › Section 667.1.

667.1. (a) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after November 7, 2012, but before January 1, 2024, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on November 7, 2012.
(b) Notwithstanding subdivision (h) of Section 667, for all offenses committed on or after January 1, 2024, all references to existing statutes in subdivisions (c) to (g), inclusive, of Section 667, are to those statutes as they read on January 1, 2024.
(Amended by Stats. 2023, Ch. 230, Sec. 2. (SB 14) Effective January 1, 2024. Note: This section was added on March 7, 2000, by initiative Prop. 21.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 16 - GENERAL PROVISIONS › Section 667.2.

667.2. (a) The Legislature finds and declares that assisting offenders released pursuant to Proposition 36, adopted at the November 6, 2012, statewide general election, with their transition back into communities will increase the offenders’ likelihood of successful reintegration.
(b) Subject to the availability of funding for and space in the programs and services, the Department of Corrections and Rehabilitation may provide programs and services, including, but not limited to, transitional housing, mental health, and substance abuse treatment to an offender who is released from the department’s custody and satisfies both of the following conditions:
(1) The offender is released pursuant to any of the following provisions, as they were amended or added by Sections 2 to 6, inclusive, of Proposition 36, as adopted at the November 6, 2012, statewide general election:
(A) Section 667.
(B) Section 667.1.
(C) Section 1170.12.
(D) Section 1170.125.
(E) Section 1170.126.
(2) The offender is not subject to either of the following:
(A) Parole pursuant to Article 3 (commencing with Section 3040) of Chapter 8 of Title 1 of Part 3.
(B) Postrelease community supervision pursuant to Title 2.05 (commencing with Section 3450) of Part 3.
(c) (1) The Department of Corrections and Rehabilitation, in consultation with the Administrative Office of the Courts, shall establish a referral process for offenders described in subdivision (b) to participate in programs and receive services that the department has existing contracts to provide.
(2) The Administrative Office of the Courts shall inform courts of the availability of the programs and services described in this section.
(Added by Stats. 2014, Ch. 26, Sec. 12. (AB 1468) Effective June 20, 2014.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 16 - GENERAL PROVISIONS › Section 667.51.

667.51. (a) A person who is convicted of violating Section 288 or 288.5 shall receive a five-year enhancement for a prior conviction of an offense specified in subdivision (b).
(b) Section 261, 264.1, 269, 285, 286, 287, 288, 288.5, or 289, former Section 262 or 288a, or any offense committed in another jurisdiction that includes all of the elements of any of the offenses specified in this subdivision.
(c) A violation of Section 288 or 288.5 by a person who has been previously convicted two or more times of an offense specified in subdivision (b) shall be punished by imprisonment in the state prison for 15 years to life.
(Amended by Stats. 2021, Ch. 626, Sec. 29. (AB 1171) Effective January 1, 2022.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 16 - GENERAL PROVISIONS › Section 667.70.

667.70. Any person who is convicted of murder, which was committed prior to June 3, 1998, and sentenced pursuant to paragraph (1) of subdivision (a) of Section 667.7, shall be eligible only for credit pursuant to subdivisions (a), (b), and (c) of Section 2931.
(Amended by Stats. 1999, Ch. 706, Sec. 8. Effective October 10, 1999.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 16 - GENERAL PROVISIONS › Section 667.71.

667.71. (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 25 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 287 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 209 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 1385 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.
(Amended by Stats. 2021, Ch. 626, Sec. 32. (AB 1171) Effective January 1, 2022.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 16 - GENERAL PROVISIONS › Section 667.75.

667.75. Any person convicted of a violation of Section 11353, 11353.5, 11361, 11380, or 11380.5 of the Health and Safety Code who has previously served two or more prior separate prison terms, as defined in Section 667.5, for a violation of Section 11353, 11353.5, 11361, 11380, or 11380.5 of the Health and Safety Code, may be punished by imprisonment in the state prison for life and shall not be eligible for release on parole for 17 years, or the term determined by the court pursuant to Section 1170 for the underlying conviction, including any enhancement applicable under Chapter 4.5 (commencing with Section 1170) of Title 7 of Part 2, whichever is greatest. The provisions of Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 shall apply to reduce any minimum term in a state prison imposed pursuant to this section, but the person shall not otherwise be released on parole prior to that time. No prior prison term shall be used for this determination which was served prior to a period of 10 years in which the person remained free of both prison custody and the commission of an offense which results in a felony conviction. As used in this section, a commitment to the Department of the Youth Authority after conviction for a felony shall constitute a prior prison term. The term imposed under this section shall be imposed only if the prior prison terms are alleged under this section in the accusatory pleading, and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by a plea of guilty or nolo contendere or by a trial by the court sitting without a jury.
(Added by Stats. 1987, Ch. 729, Sec. 1.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 16 - GENERAL PROVISIONS › Section 667.8.

667.8. (a) Except as provided in subdivision (b), a person convicted of a felony violation of Section 261, 264.1, 286, 287, or 289 or former Section 262 or 288a who, for the purpose of committing that sexual offense, kidnapped the victim in violation of Section 207 or 209, shall be punished by an additional term of nine years.
(b) A person convicted of a felony violation of subdivision (c) of Section 286, subdivision (c) of Section 287 or former Section 288a, or Section 288 who, for the purpose of committing that sexual offense, kidnapped the victim, who was under 14 years of age at the time of the offense, in violation of Section 207 or 209, shall be punished by an additional term of 15 years. This subdivision does not apply to conduct proscribed by Section 277, 278, or 278.5.
(c) The following shall govern the imposition of an enhancement pursuant to this section:
(1) Only one enhancement shall be imposed for a victim per incident.
(2) If there are two or more victims, one enhancement can be imposed for each victim per incident.
(3) The enhancement may be in addition to the punishment for either, but not both, of the following:
(A) A violation of Section 207 or 209.
(B) A violation of the sexual offenses enumerated in this section.
(Amended by Stats. 2021, Ch. 626, Sec. 33. (AB 1171) Effective January 1, 2022.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 16 - GENERAL PROVISIONS › Section 667.85.

667.85. Any person convicted of a violation of Section 207 or 209, who kidnapped or carried away any child under the age of 14 years with the intent to permanently deprive the parent or legal guardian custody of that child, shall be punished by imprisonment in the state prison for an additional five years.
(Amended by Stats. 1997, Ch. 817, Sec. 11. Effective January 1, 1998.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 16 - GENERAL PROVISIONS › Section 667.9.

667.9. (a) A person who commits one or more of the crimes specified in subdivision (c) against a person who is 65 years of age or older, or against a person who is blind, deaf, developmentally disabled, a paraplegic, or a quadriplegic, or against a person who is under 14 years of age, and that disability or condition is known or reasonably should be known to the person committing the crime, shall receive a one-year enhancement for each violation.
(b) A person who commits a violation of subdivision (a) and who has a prior conviction for any of the offenses specified in subdivision (c), shall receive a two-year enhancement for each violation in addition to the sentence provided under Section 667.
(c) Subdivisions (a) and (b) apply to the following crimes:
(1) Mayhem, in violation of Section 203 or 205.
(2) Kidnapping, in violation of Section 207, 209, or 209.5.
(3) Robbery, in violation of Section 211.
(4) Carjacking, in violation of Section 215.
(5) Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261.
(6) Rape, in violation of paragraph (1) or (4) of subdivision (a) of former Section 262.
(7) Rape or sexual penetration in concert, in violation of Section 264.1.
(8) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 286.
(9) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 287 or of former Section 288a.
(10) Sexual penetration, in violation of subdivision (a) of Section 289.
(11) Burglary of the first degree, as defined in Section 460, in violation of Section 459.
(d) As used in this section, “developmentally disabled” means a severe, chronic disability of a person, which is all of the following:
(1) Attributable to a mental or physical impairment or a combination of mental and physical impairments.
(2) Likely to continue indefinitely.
(3) Results in substantial functional limitation in three or more of the following areas of life activity:
(A) Self-care.
(B) Receptive and expressive language.
(C) Learning.
(D) Mobility.
(E) Self-direction.
(F) Capacity for independent living.
(G) Economic self-sufficiency.
(Amended by Stats. 2021, Ch. 626, Sec. 34. (AB 1171) Effective January 1, 2022.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 16 - GENERAL PROVISIONS › Section 667.95.

667.95. In sentencing a person convicted of a violent felony listed in subdivision (c) of Section 667.5, the court may consider, as a factor in aggravation, that the defendant willfully recorded a video of the commission of the violent felony with the intent to encourage or facilitate the offense.
(Added by Stats. 2017, Ch. 668, Sec. 1. (AB 1542) Effective January 1, 2018.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 16 - GENERAL PROVISIONS › Section 667.10.

667.10. (a) Any person who has a prior conviction of the offense set forth in Section 289 and who commits that crime against a person who is 65 years of age or older, or against a person who is blind, deaf, developmentally disabled, as defined in subdivision (d) of Section 667.9, a paraplegic, or a quadriplegic, or against a person who is under the age of 14 years, and that disability or condition is known or reasonably should be known to the person committing the crime, shall receive a two-year enhancement for each violation in addition to the sentence provided under Section 289.
(b) The existence of any fact which would bring a person under subdivision (a) shall be alleged in the information or indictment and either admitted by the defendant in open court, or found to be true by the jury trying the issue of guilt or by the court where guilt is established by plea of guilty or nolo contendere or by trial by the court sitting without a jury.
(Amended by Stats. 1992, Ch. 265, Sec. 3. Effective January 1, 1993.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 16 - GENERAL PROVISIONS › Section 667.15.

667.15. Any adult who, prior to or during the commission or attempted commission of a violation of Section 288 or 288.5, exhibits to the minor any matter, as defined in subdivision (d) of Section 311.11, the production of which involves the use of a person under the age of 14 years, knowing that the matter depicts a person under the age of 14 years personally engaging in or simulating sexual conduct, as defined in subdivision (d) of Section 311.4, with the intent of arousing, appealing to, or gratifying the lust, passions, or sexual desires of that person or of the minor, or with the intent, or for the purpose, of seducing the minor, shall be punished for a violation of this section as follows:
(a) If convicted of the commission or attempted commission of a violation of Section 288, the adult shall receive an additional term of one year, which punishment shall be imposed in addition and consecutive to the punishment imposed for the commission or attempted commission of a violation of Section 288.
(b) If convicted of the commission or attempted commission of a violation of Section 288.5, the adult shall receive an additional term of two years, which punishment shall be imposed in addition and consecutive to the punishment imposed for the commission or attempted commission of a violation of Section 288.5.
(Added by Stats. 1993, Ch. 591, Sec. 1. Effective January 1, 1994.)
2023 California Code › Penal Code - PEN › PART 1 - OF CRIMES AND PUNISHMENTS › TITLE 16 - GENERAL PROVISIONS › Section 667.16.

667.16. (a) Any person convicted of a felony violation of Section 470, 487, or 532 as part of a plan or scheme to defraud an owner of a residential or nonresidential structure, including a mobilehome or manufactured home, in connection with the offer or performance of repairs or improvements to the structure or property, or by adding to, or subtracting from, grounds in connection therewith, for damage caused by a natural disaster, shall receive a one-year enhancement in addition and consecutive to the penalty prescribed. The additional term shall not be imposed unless the allegation is charged in the accusatory pleading and admitted by the defendant or found to be true by the trier of fact.
(b) This enhancement applies to natural disasters for which a state of emergency is proclaimed by the Governor pursuant to Section 8625 of the Government Code or for which an emergency or major disaster is declared by the President of the United States.
(c) Notwithstanding any other law, the court may strike the additional term provided in subdivision (a) if the court determines that there are mitigating circumstances and states on the record the reasons for striking the additional punishment.
(Amended by Stats. 2020, Ch. 364, Sec. 5. (SB 1189) Effective January 1, 2021.)