Penal code section 654-678




CALIFORNIA CODES



PENAL CODE



SECTION 654-678



















654.  (a) An act or omission that is punishable in different ways by



different provisions of law shall be punished under the provision



that provides for the longest potential term of imprisonment, 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.











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.











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.











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.















655.  An act or omission declared punishable by this Code is not



less so because it is also punishable under the laws of another



State, Government, or country, unless the contrary is expressly



declared.











656.  Whenever on the trial of an accused person it appears that



upon a criminal prosecution under the laws of another State,



Government, or country, founded upon the act or omission in respect



to which he is on trial, he has been acquitted or convicted, it is a



sufficient defense.















657.  A criminal act is not the less punishable as a crime because



it is also declared to be punishable as a contempt.















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.















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.















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.















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.















662.  No person is punishable for an omission to perform an act,



where such act has been performed by another person acting in his



behalf and competent by law to perform it.















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.











664.  Every person who attempts to commit any crime, but fails, or



is prevented or intercepted in its perpetration, shall be punished



where no provision is made by law for the punishment of those



attempts, as follows:



   (a) If the crime attempted is punishable by imprisonment in the



state prison, the person guilty of the attempt shall be punished by



imprisonment in the state prison for one-half the term of



imprisonment prescribed upon a conviction of the offense attempted.



However, if the crime attempted is willful, deliberate, and



premeditated murder, as defined in Section 189, the person guilty of



that attempt shall be punished by imprisonment in the state prison



for life with the possibility of parole.  If the crime attempted is



any other one in which the maximum sentence is life imprisonment or



death, the person guilty of the attempt shall be punished by



imprisonment in the state prison for five, seven, or nine years.  The



additional term provided in this section for attempted willful,



deliberate, and premeditated murder shall not be imposed unless the



fact that the attempted murder was willful, deliberate, and



premeditated is charged in the accusatory pleading and admitted or



found to be true by the trier of fact.



   (b) If the crime attempted is punishable by imprisonment in a



county jail, the person guilty of the attempt shall be punished by



imprisonment in a county jail for a term not exceeding one-half the



term of imprisonment prescribed upon a conviction of the offense



attempted.



   (c) If the offense so attempted is punishable by a fine, the



offender convicted of that attempt shall be punished by a fine not



exceeding one-half the largest fine which may be imposed upon a



conviction of the offense attempted.



   (d) If a crime is divided into degrees, an attempt to commit the



crime may be of any of those degrees, and the punishment for the



attempt shall be determined as provided by this section.



   (e) Notwithstanding subdivision (a), if attempted murder is



committed upon a peace officer or firefighter, as those terms are



defined in paragraphs (7) and (9) of subdivision (a) of Section



190.2, and the person who commits the offense knows or reasonably



should know that the victim is such a peace officer or firefighter



engaged in the performance of his or her duties, the person guilty of



the attempt shall be punished by imprisonment in the state prison



for life with the possibility of parole.



   This subdivision shall apply if it is proven that a direct but



ineffectual act was committed by one person toward killing another



human being and the person committing the act harbored express malice



aforethought, namely, a specific intent to unlawfully kill another



human being.  The Legislature finds and declares that this paragraph



is declaratory of existing law.



   (f) Notwithstanding subdivision (a), if the elements of



subdivision (e) are proven in an attempted murder and it is also



proven that the attempted murder was willful, deliberate,



premeditated, and admitted or found to be true by the trier of fact,



the person guilty of the attempt shall be punished by imprisonment in



the state prison for 15 years to life.  Article 2.5 (commencing with



Section 2930) of Chapter 7 of Title 1 of Part 3 shall not apply to



reduce this minimum term of 15 years in state prison, and the person



shall not be released prior to serving 15 years' confinement.















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.















666.  Every person who, having been convicted of petit theft, grand



theft, auto theft under Section 10851 of the Vehicle Code, burglary,



carjacking, robbery, or a felony violation of Section 496 and having



served a term therefor in any penal institution or having been



imprisoned therein as a condition of probation for that offense, is



subsequently convicted of petit theft, then the person convicted of



that subsequent offense is punishable by imprisonment in the county



jail not exceeding one year, or in the state prison.















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, 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 Section 487h, 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 in the state prison for two, three, or four years, or a



fine of ten thousand dollars ($10,000), or both the fine and the



imprisonment.



   (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.















667.  (a) (1) In compliance with subdivision (b) of Section 1385,



any person convicted of a serious felony who previously has been



convicted of a serious felony in this state or of any offense



committed in another jurisdiction which includes all of the elements



of any serious felony, shall receive, in addition to the sentence



imposed by the court for the present offense, a five-year enhancement



for each such prior conviction on charges brought and tried



separately.  The terms of the present offense and each enhancement



shall run consecutively.



   (2) This subdivision shall not be applied when the punishment



imposed under other provisions of law would result in a longer term



of imprisonment.  There is no requirement of prior incarceration or



commitment for this subdivision to apply.



   (3) The Legislature may increase the length of the enhancement of



sentence provided in this subdivision by a statute passed by majority



vote of each house thereof.



   (4) As used in this subdivision, "serious felony" means a serious



felony listed in subdivision (c) of Section 1192.7.



   (5) This subdivision shall not apply to a person convicted of



selling, furnishing, administering, or giving, or offering to sell,



furnish, administer, or give to a minor any methamphetamine-related



drug or any precursors of methamphetamine unless the prior conviction



was for a serious felony described in subparagraph (24) of



subdivision (c) of Section 1192.7.



   (b) It is the intent of the Legislature in enacting subdivisions



(b) to (i), inclusive, to ensure longer prison sentences and greater



punishment for those who commit a felony and have been previously



convicted of serious and/or violent felony offenses.



   (c) Notwithstanding any other law, if a defendant has been



convicted of a felony and it has been pled and proved that the



defendant has one or more prior felony convictions as defined in



subdivision (d), the court shall adhere to each of the following:



   (1) There shall not be an aggregate term limitation for purposes



of consecutive sentencing for any subsequent felony conviction.



   (2) Probation for the current offense shall not be granted, nor



shall execution or imposition of the sentence be suspended for any



prior offense.



   (3) The length of time between the prior felony conviction and the



current felony conviction shall not affect the imposition of



sentence.



   (4) There shall not be a commitment to any other facility other



than the state prison.  Diversion shall not be granted nor shall the



defendant be eligible for commitment to the California Rehabilitation



Center as provided in Article 2 (commencing with Section 3050) of



Chapter 1 of Division 3 of the Welfare and Institutions Code.



   (5) The total amount of credits awarded pursuant to Article 2.5



(commencing with Section 2930) of Chapter 7 of Title 1 of Part 3



shall not exceed one-fifth of the total term of imprisonment imposed



and shall not accrue until the defendant is physically placed in the



state prison.



   (6) If there is a current conviction for more than one felony



count not committed on the same occasion, and not arising from the



same set of operative facts, the court shall sentence the defendant



consecutively on each count pursuant to subdivision (e).



   (7) If there is a current conviction for more than one serious or



violent felony as described in paragraph (6), the court shall impose



the sentence for each conviction consecutive to the sentence for any



other conviction for which the defendant may be consecutively



sentenced in the manner prescribed by law.



   (8) Any sentence imposed pursuant to subdivision (e) will be



imposed consecutive to any other sentence which the defendant is



already serving, unless otherwise provided by law.



   (d) Notwithstanding any other law and for the purposes of



subdivisions (b) to (i), inclusive, a prior conviction of a felony



shall be defined as:



   (1) Any offense defined in subdivision (c) of Section 667.5 as a



violent felony or any offense defined in subdivision (c) of Section



1192.7 as a serious felony in this state.  The determination of



whether a prior conviction is a prior felony conviction for purposes



of subdivisions (b) to (i), inclusive, shall be made upon the date of



that prior conviction and is not affected by the sentence imposed



unless the sentence automatically, upon the initial sentencing,



converts the felony to a misdemeanor.  None of the following



dispositions shall affect the determination that a prior conviction



is a prior felony for purposes of subdivisions (b) to (i), inclusive:







   (A) The suspension of imposition of judgment or sentence.



   (B) The stay of execution of sentence.



   (C) The commitment to the State Department of Health Services as a



mentally disordered sex offender following a conviction of a felony.







   (D) The commitment to the California Rehabilitation Center or any



other facility whose function is rehabilitative diversion from the



state prison.



   (2) A conviction in another jurisdiction for an offense that, if



committed in California, is punishable by imprisonment in the state



prison.  A prior conviction of a particular felony shall include a



conviction in another jurisdiction for an offense that includes all



of the elements of the particular felony as defined in subdivision



(c) of Section 667.5 or subdivision (c) of Section 1192.7.



   (3) A prior juvenile adjudication shall constitute a prior felony



conviction for purposes of sentence enhancement if:



   (A) The juvenile was 16 years of age or older at the time he or



she committed the prior offense.



   (B) The prior offense is listed in subdivision (b) of Section 707



of the Welfare and Institutions Code or described in paragraph (1) or



(2) as a felony.



   (C) The juvenile was found to be a fit and proper subject to be



dealt with under the juvenile court law.



   (D) The juvenile was adjudged a ward of the juvenile court within



the meaning of Section 602 of the Welfare and Institutions Code



because the person committed an offense listed in subdivision (b) of



Section 707 of the Welfare and Institutions Code.



   (e) For purposes of subdivisions (b) to (i), inclusive, and in



addition to any other enhancement or punishment provisions which may



apply, the following shall apply where a defendant has a prior felony



conviction:



   (1) If a defendant has one prior felony conviction that has been



pled and proved, the determinate term or minimum term for an



indeterminate term shall be twice the term otherwise provided as



punishment for the current felony conviction.



   (2) (A) If a defendant has two or more prior felony convictions as



defined in subdivision (d) that have been pled and proved, the term



for the current felony conviction shall be an indeterminate term of



life imprisonment with a minimum term of the indeterminate sentence



calculated as the greater of:



   (i) Three times the term otherwise provided as punishment for each



current felony conviction subsequent to the two or more prior felony



convictions.



   (ii) Imprisonment in the state prison for 25 years.



   (iii) 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, or any period prescribed by Section 190 or 3046.



   (B) The indeterminate term described in subparagraph (A) shall be



served consecutive to any other term of imprisonment for which a



consecutive term may be imposed by law.  Any other term imposed



subsequent to any indeterminate term described in subparagraph (A)



shall not be merged therein but shall commence at the time the person



would otherwise have been released from prison.



   (f) (1) Notwithstanding any other law, subdivisions (b) to (i),



inclusive, shall be applied in every case in which a defendant has a



prior felony conviction as defined in subdivision (d).  The



prosecuting attorney shall plead and prove each prior felony



conviction except as provided in paragraph (2).



   (2) The prosecuting attorney may move to dismiss or strike a prior



felony conviction allegation in the furtherance of justice pursuant



to Section 1385, or if there is insufficient evidence to prove the



prior conviction.  If upon the satisfaction of the court that there



is insufficient evidence to prove the prior felony conviction, the



court may dismiss or strike the allegation.



   (g) Prior felony convictions shall not be used in plea bargaining



as defined in subdivision (b) of Section 1192.7.  The prosecution



shall plead and prove all known prior felony convictions and shall



not enter into any agreement to strike or seek the dismissal of any



prior felony conviction allegation except as provided in paragraph



(2) of subdivision (f).



   (h) All references to existing statutes in subdivisions (c) to



(g), inclusive, are to statutes as they existed on June 30, 1993.



   (i) If any provision of subdivisions (b) to (h), inclusive, or the



application thereof to any person or circumstance is held invalid,



that invalidity shall not affect other provisions or applications of



those subdivisions which can be given effect without the invalid



provision or application, and to this end the provisions of those



subdivisions are severable.



   (j) The provisions of this section shall not be amended by the



Legislature except by statute passed in each house by rollcall vote



entered in the journal, two-thirds of the membership concurring, or



by a statute that becomes effective only when approved by the



electors.











667.5.  Enhancement of prison terms for new offenses because of



prior prison terms shall be imposed as follows:



   (a) Where one of the new offenses is one of the violent felonies



specified in subdivision (c), in addition and consecutive to any



other prison terms therefor, the court shall impose a three-year term



for each prior separate prison term served by the defendant where



the prior offense was one of the violent felonies specified in



subdivision (c).  However, no additional term shall be imposed under



this subdivision for any prison term served prior to a period of 10



years in which the defendant remained free of both prison custody and



the commission of an offense which results in a felony conviction.



   (b) Except where subdivision (a) applies, where the new offense is



any felony for which a prison sentence is imposed, in addition and



consecutive to any other prison terms therefor, the court shall



impose a one-year term for each prior separate prison term served for



any felony; provided that no additional term shall be imposed under



this subdivision for any prison term served prior to a period of five



years in which the defendant remained free of both prison custody



and the commission of an offense which results in a felony



conviction.



   (c) For the purpose of this section, "violent felony" means any of



the following:



   (1) Murder or voluntary manslaughter.



   (2) Mayhem.



   (3) Rape as defined in paragraph (2) or (6) of subdivision (a) of



Section 261 or paragraph (1) or (4) of subdivision (a) of Section



262.



   (4) Sodomy by force, violence, duress, menace, or fear of



immediate and unlawful bodily injury on the victim or another person.







   (5) Oral copulation by force, violence, duress, menace, or fear of



immediate and unlawful bodily injury on the victim or another



person.



   (6) Lewd acts on a child under the age of 14 years as defined in



Section 288.



   (7) Any felony punishable by death or imprisonment in the state



prison for life.



   (8) Any felony in which the defendant inflicts great bodily injury



on any person other than an accomplice which has been charged and



proved as provided for in Section 12022.7 or 12022.9 on or after July



1, 1977, or as specified prior to July 1, 1977, in Sections 213,



264, and 461, or any felony in which the defendant uses a firearm



which use has been charged and proved as provided in Section 12022.5,



12022.53, or 12022.55.



   (9) Any robbery perpetrated in an inhabited dwelling house,



vessel, as defined in Section 21 of the Harbors and Navigation Code,



which is inhabited and designed for habitation, an inhabited floating



home as defined in subdivision (d) of Section 18075.55 of the Health



and Safety Code, an inhabited trailer coach, as defined in the



Vehicle Code, or in the inhabited portion of any other building,



wherein it is charged and proved that the defendant personally used a



deadly or dangerous weapon, as provided in subdivision (b) of



Section 12022, in the commission of that robbery.



   (10) Arson, in violation of subdivision (a) of Section 451.



   (11) The offense defined in subdivision (a) of Section 289 where



the act is accomplished against the victim's will by force, violence,



duress, menace, or fear of immediate and unlawful bodily injury on



the victim or another person.



   (12) Attempted murder.



   (13) A violation of Section 12308.



   (14) Kidnapping, in violation of subdivision (b) of Section 207.



   (15) Kidnapping, as punished in subdivision (b) of Section 208.



   (16) Continuous sexual abuse of a child, in violation of Section



288.5.



   (17) Carjacking, as defined in subdivision (a) of Section 215, if



it is charged and proved that the defendant personally used a



dangerous or deadly weapon as provided in subdivision (b) of Section



12022 in the commission of the carjacking.



   (18) Any robbery of the first degree punishable pursuant to



subparagraph (A) of paragraph (1) of subdivision (a) of Section 213.







   (19) A violation of Section 264.1.



   The Legislature finds and declares that these specified crimes



merit special consideration when imposing a sentence to display



society's condemnation for these extraordinary crimes of violence



against the person.



   (d) For the purposes of this section, the defendant shall be



deemed to remain in prison custody for an offense until the official



discharge from custody or until release on parole, whichever first



occurs, including any time during which the defendant remains subject



to reimprisonment for escape from custody or is reimprisoned on



revocation of parole.  The additional penalties provided for prior



prison terms shall not be imposed unless they are charged and



admitted or found true in the action for the new offense.



   (e) The additional penalties provided for prior prison terms shall



not be imposed for any felony for which the defendant did not serve



a prior separate term in state prison.



   (f) A prior conviction of a felony shall include a conviction in



another jurisdiction for an offense which, if committed in



California, is punishable by imprisonment in the state prison if the



defendant served one year or more in prison for the offense in the



other jurisdiction.  A prior conviction of a particular felony shall



include a conviction in another jurisdiction for an offense which



includes all of the elements of the particular felony as defined



under California law if the defendant served one year or more in



prison for the offense in the other jurisdiction.



   (g) A prior separate prison term for the purposes of this section



shall mean a continuous completed period of prison incarceration



imposed for the particular offense alone or in combination with



concurrent or consecutive sentences for other crimes, including any



reimprisonment on revocation of parole which is not accompanied by a



new commitment to prison, and including any reimprisonment after an



escape from incarceration.



   (h) Serving a prison term includes any confinement time in any



state prison or federal penal institution as punishment for



commission of an offense, including confinement in a hospital or



other institution or facility credited as service of prison time in



the jurisdiction of the confinement.



   (i) For the purposes of this section, a commitment to the State



Department of Mental Health as a mentally disordered sex offender



following a conviction of a felony, which commitment exceeds one year



in duration, shall be deemed a prior prison term.



   (j) For the purposes of this section, when a person subject to the



custody, control, and discipline of the Director of Corrections is



incarcerated at a facility operated by the Department of the Youth



Authority, that incarceration shall be deemed to be a term served in



state prison.



   (k) Notwithstanding subdivisions (d) and (g) or any other



provision of law, where one of the new offenses is committed while



the defendant is temporarily removed from prison pursuant to Section



2690 or while the defendant is transferred to a community facility



pursuant to Section 3416, 6253, or 6263, or while the defendant is on



furlough pursuant to Section 6254, the defendant shall be subject to



the full enhancements provided for in this section.



   This subdivision shall not apply when a full, separate, and



consecutive term is imposed pursuant to any other provision of law.



















667.51.  (a) Any person who is found guilty of violating Section 288



shall receive a five-year enhancement for a prior conviction of an



offense listed in subdivision (b), provided that no additional term



shall be imposed under this subdivision for any prison term served



prior to a period of 10 years in which the defendant remained free of



both prison custody and the commission of an offense that results in



a felony conviction.



   (b) Section 261, 264.1, 285, 286, 288, 288a, 288.5, or 289, or any



offense committed in another jurisdiction that includes all of the



elements of any of the offenses set forth in this subdivision.



   (c) Section 261, 264.1, 286, 288, 288a, 288.5, or 289, or any



offense committed in another jurisdiction that includes all of the



elements of any of the offenses set forth in this subdivision.



   (d) A violation of Section 288 by a person who has been previously



convicted two or more times of an offense listed in subdivision (c)



is punishable as a felony by imprisonment in the state prison for 15



years to life.  However, if the two or more prior convictions were



for violations of Section 288, this subdivision is applicable only if



the current violation or at least one of the prior convictions is



for an offense other than a violation of subdivision (a) of Section



288.  For purposes of this subdivision, a prior conviction is



required to have been for charges brought and tried separately.  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 that person shall



not otherwise be released on parole prior to that time.















667.6.  (a) Any person who is found guilty of violating paragraph



(2), (3), (6), or (7) of subdivision (a) of Section 261, paragraph



(1), (4), or (5) of subdivision (a) of Section 262, Section 264.1,



subdivision (b) of Section 288, Section 288.5 or subdivision (a) of



Section 289, of committing sodomy in violation of subdivision (k) of



Section 286, of committing oral copulation in violation of



subdivision (k) of Section 288a, or of committing sodomy or oral



copulation in violation of Section 286 or 288a by force, violence,



duress, menace, or fear of immediate and unlawful bodily injury on



the victim or another person who has been convicted previously of any



of those offenses shall receive a five-year enhancement for each of



those prior convictions provided that no enhancement shall be imposed



under this subdivision for any conviction occurring 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.  In addition to the five-year enhancement imposed under



this subdivision, the court also may impose a fine not to exceed



twenty thousand dollars ($20,000) for anyone sentenced under these



provisions.  The fine imposed and collected pursuant to this



subdivision shall be deposited in the Victim-Witness Assistance Fund



to be available for appropriation to fund child sexual exploitation



and child sexual abuse victim counseling centers and prevention



programs established pursuant to Section 13837.



   (b) Any person convicted of an offense specified in subdivision



(a) who has served two or more prior prison terms as defined in



Section 667.5 for any offense specified in subdivision (a), shall



receive a 10-year enhancement for each of those prior terms provided



that no additional enhancement shall be imposed under this



subdivision for any prison term 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.  In



addition to the 10-year enhancement imposed under this subdivision,



the court also may impose a fine not to exceed twenty thousand



dollars ($20,000) for any person sentenced under this subdivision.



The fine imposed and collected pursuant to this subdivision shall be



deposited in the Victim-Witness Assistance Fund to be available for



appropriation to fund child sexual exploitation and child sexual



abuse victim counseling centers and prevention programs established



pursuant to Section 13837.



   (c) In lieu of the term provided in Section 1170.1, a full,



separate, and consecutive term may be imposed for each violation of



Section 220, other than an assault with intent to commit mayhem,



provided that the person has been convicted previously of violating



Section 220 for an offense other than an assault with intent  to



commit mayhem, paragraph (2), (6), (3), or (7) of subdivision (a) of



Section 261, paragraph (1), (4), or (5) of subdivision (a) of Section



262, Section 264.1, subdivision (b) of Section 288, Section 288.5 or



subdivision (a) of Section 289, of committing sodomy in violation of



subdivision (k) of Section 286, of committing oral copulation in



violation of subdivision (k) of Section 288a, or of committing sodomy



or oral copulation in violation of Section 286 or 288a by force,



violence, duress, menace, or fear of immediate and unlawful bodily



injury on the victim or another person whether or not the crimes were



committed during a single transaction.  If the term is imposed



consecutively pursuant to this subdivision, it shall be served



consecutively to any other term of imprisonment, and shall commence



from the time the person otherwise would have been released from



imprisonment.  The term shall not be included in any determination



pursuant to Section 1170.1.  Any other term imposed subsequent to



that term shall not be merged therein but shall commence at the time



the person otherwise would have been released from prison.



   (d) A full, separate, and consecutive term shall be served for



each violation of Section 220, other than an assault with intent to



commit mayhem, provided that the person has been convicted previously



of violating Section 220 for an offense other than an assault with



intent to commit mayhem, paragraph (2), (3), (6), or (7) of



subdivision (a) of Section 261, paragraph (1), (4), or (5) of



subdivision (a) of Section 262, Section 264.1, subdivision (b) of



Section 288, subdivision (a) of Section 289, of committing sodomy in



violation of subdivision (k) of Section 286, of committing oral



copulation in violation of subdivision (k) of Section 288a, or of



committing sodomy or oral copulation in violation of Section 286 or



288a by force, violence, duress, menace, or fear of immediate and



unlawful bodily injury on the victim or another person if the crimes



involve separate victims or involve the same victim on separate



occasions.



   In determining whether crimes against a single victim were



committed on separate occasions under this subdivision, the court



shall consider whether, between the commission of one sex crime and



another, the defendant had a reasonable opportunity to reflect upon



his or her actions and nevertheless resumed sexually assaultive



behavior.  Neither the duration of time between crimes, nor whether



or not the defendant lost or abandoned his or her opportunity to



attack, shall be, in and of itself, determinative on the issue of



whether the crimes in question occurred on separate occasions.



   The term shall be served consecutively to any other term of



imprisonment and shall commence from the time the person otherwise



would have been released from imprisonment.  The term shall not be



included in any determination pursuant to  Section 1170.1.  Any other



term imposed subsequent to that term shall not be merged therein but



shall commence at the time the person otherwise would have been



released from prison.



   (e) If the court orders a fine to be imposed pursuant to



subdivision (a) or (b), the actual administrative cost of collecting



that fine, not to exceed 2 percent of the total amount paid, may be



paid into the general fund of the county treasury for the use and



benefit of the county.















667.61.  (a) A 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 life and shall not be eligible for release on parole for



25 years except as provided in subdivision (j).



   (b) Except as provided in subdivision (a), a 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 life and shall not be eligible



for release on parole for 15 years except as provided in subdivision



(j).



   (c) This section shall apply to any of the following offenses:



   (1) A violation of paragraph (2) of subdivision (a) of Section



261.



   (2) A violation of paragraph (1) of subdivision (a) of Section



262.



   (3) A violation of Section 264.1.



   (4) A violation of subdivision (b) of Section 288.



   (5) A violation of subdivision (a) of Section 289.



   (6) Sodomy or oral copulation in violation of Section 286 or 288a



by force, violence, duress, menace, or fear of immediate and unlawful



bodily injury on the victim or another person.



   (7) A violation of subdivision (a) of Section 288, unless the



defendant qualifies for probation under subdivision (c) of Section



1203.066.



   (d) The following circumstances shall apply to the offenses



specified in subdivision (c):



   (1) 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).



   (2) 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).



   (3) 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.



   (4) The defendant committed the present offense during the



commission of a burglary, as defined in subdivision (a) of Section



460, with intent to commit an offense specified in subdivision (c).



   (e) The following circumstances shall apply to the offenses



specified in subdivision (c):



   (1) 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.



   (2) Except as provided in paragraph (4) of subdivision (d), the



defendant committed the present offense during the commission of a



burglary, as defined in subdivision (a) of Section 460, or during the



commission of a burglary of a building, including any commercial



establishment, which was then closed to the public, in violation of



Section 459.



   (3) The defendant personally inflicted great bodily injury on the



victim or another person in the commission of the present offense in



violation of Section 12022.7 or 12022.8.



   (4) The defendant personally used a dangerous or deadly weapon or



firearm in the commission of the present offense in violation of



Section 12022, 12022.3, or 12022.5.



   (5) The defendant has been convicted in the present case or cases



of committing an offense specified in subdivision (c) against more



than one victim.



   (6) The defendant engaged in the tying or binding of the victim or



another person in the commission of the present offense.



   (7) The defendant administered a controlled substance to the



victim by force, violence, or fear in the commission of the present



offense in violation of Section 12022.75.



   (f) If only the minimum number of circumstances specified in



subdivision (d) or (e) which are required for the punishment provided



in subdivision (a) or (b) to apply have been pled and proved, that



circumstance or those circumstances shall be used as the basis for



imposing the term provided in subdivision (a) or (b) rather than



being used to impose the punishment authorized under any other law,



unless another law provides for a greater penalty.  However, if any



additional circumstance or circumstances specified in subdivision (d)



or (e) have been pled and proved, the minimum number of



circumstances shall be used as the basis for imposing the term



provided in subdivision (a), and any other additional circumstance or



circumstances shall be used to impose any punishment or enhancement



authorized under any other law.  Notwithstanding any other law, the



court shall not strike any of the circumstances specified in



subdivision (d) or (e).



   (g) The term specified in subdivision (a) or (b) shall be imposed



on the defendant once for any offense or offenses committed against a



single victim during a single occasion.  If there are multiple



victims during a single occasion, the term specified in subdivision



(a) or (b) shall be imposed on the defendant once for each separate



victim.  Terms for other offenses committed during a single occasion



shall be imposed as authorized under any other law, including Section



667.6, if applicable.



   (h) Probation shall not be granted to, nor shall the execution or



imposition of sentence be suspended for, any person who is subject to



punishment under this section for any offense specified in



paragraphs (1) to (6), inclusive, of subdivision (c).



   (i) For the penalties provided in this section to apply, the



existence of any fact required under subdivision (d) or (e) 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.



   (j) Article 2.5 (commencing with Section 2930) of Chapter 7 of



Title 1 of Part 3 shall apply to reduce the minimum term of 25 years



in the state prison imposed pursuant to subdivision (a) or 15 years



in the state prison imposed pursuant to subdivision (b).  However, in



no case shall the minimum term of 25 or 15 years be reduced by more



than 15 percent for credits granted pursuant to Section 2933, 4019,



or any other law providing for conduct credit reduction.  In no case



shall any person who is punished under this section be released on



parole prior to serving at least 85 percent of the minimum term of 25



or 15 years in the state prison.















667.7.  (a) Any person convicted of a felony in which the person



inflicted great bodily injury as provided in Section 12022.7, or



personally used force which was likely to produce great bodily



injury, who has served two or more prior separate prison terms as



defined in Section 667.5 for the crime of murder; attempted murder;



voluntary manslaughter; mayhem; rape by force, violence, or fear of



immediate and unlawful bodily injury on the victim or another person;



oral copulation by force, violence, duress, menace, or fear of



immediate and unlawful bodily injury on the victim or another person;



sodomy by force, violence, duress, menace, or fear of immediate and



unlawful bodily injury on the victim or another person; lewd acts on



a child under the age of 14 years by use of force, violence, duress,



menace, or fear of immediate and unlawful bodily injury on the victim



or another person; a violation of subdivision (a) of Section 289



where the act is accomplished against the victim's will by means of



force, violence, duress, menace, or fear of immediate and unlawful



bodily injury on the victim or another person; kidnapping as punished



in former subdivision (d) of Section 208, or for ransom, extortion,



or robbery; robbery involving the use of force or a deadly weapon;



assault with intent to commit murder; assault with a deadly weapon;



carjacking involving the use of a deadly weapon; assault with intent



to commit murder; assault with a deadly weapon; assault with a force



likely to produce great bodily injury; assault with intent to commit



rape, sodomy, oral copulation, penetration of a vaginal or anal



opening in violation of Section 289, or lewd and lascivious acts on a



child; arson of a structure; escape or attempted escape by an inmate



with force or violence in violation of subdivision (a) of Section



4530, or of Section 4532; exploding a device with intent to murder in



violation of Section 12308; exploding a destructive device which



causes bodily injury in violation of Section 12309, or mayhem or



great bodily injury in violation of Section 12310; exploding a



destructive device with intent to injure, intimidate, or terrify, in



violation of Section 12303.3; any felony in which the person



inflicted great bodily injury as provided in Section 12022.7; or any



felony punishable by death or life imprisonment with or without the



possibility of parole is a habitual offender and shall be punished as



follows:



   (1) A person who served two prior separate prison terms shall be



punished by imprisonment in the state prison for life and shall not



be eligible for release on parole for 20 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, or any period



prescribed by Section 190 or 3046, whichever is greatest.  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.



   (2) Any person convicted of a felony specified in this subdivision



who has served three or more prior separate prison terms, as defined



in Section 667.5, for the crimes specified in subdivision (a) of



this section shall be punished by imprisonment in the state prison



for life without the possibility of parole.



   (b) This section shall not prevent the imposition of the



punishment of death or imprisonment for life without the possibility



of parole.  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.















667.70.  Any person who is convicted of murder 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.











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 listed in subdivision (d) and who is convicted in



the present proceeding of one of those offenses.



   (b) A habitual sexual offender is punishable by imprisonment in



the state prison for 25 years to life.  Article 2.5 (commencing with



Section 2930) of Chapter 7 of Title 1 of Part 3 shall apply to reduce



any minimum term of 25 years in the state prison imposed pursuant to



this section.  However, in no case shall the minimum term of 25



years be reduced by more that 15 percent for credits granted pursuant



to Section 2933, 4019, or any other law providing for conduct credit



reduction.  In no case shall any person who is punished under this



section be released on parole prior to serving at least 85 percent of



the minimum term of 25 years in the state prison.



   (c) At the request of the prosecutor and in lieu of the punishment



specified in subdivision (b), the court shall order that the



defendant be punished pursuant to Section 667.6, 667.61, 667.7, or



1170.1, if applicable.



   (d) This section shall apply to persons found guilty of violating



paragraph (2) of subdivision (a) of Section 261, paragraph (1) of



subdivision (a) of Section 262, Section 264.1, subdivision (a) or (b)



of Section 288, subdivision (a) of Section 289, or of committing



sodomy or oral copulation in violation of Section 286 or 288a by



force, violence, duress, menace, or fear of immediate and unlawful



bodily injury on the victim or another person, or found guilty of



kidnapping, as punished in former subdivision (d) of Section 208,



kidnapping in violation of Section 209 with the intent to commit



rape, spousal rape, oral copulation, sodomy, lewd or lascivious acts



on a child under 14 years of age in violation of Section 288, or rape



by instrument in violation of Section 289, or an offense committed



in another jurisdiction that has all the elements of an offense



specified in this subdivision.



   (e) This section shall apply only if the defendant's status as a



habitual sexual offender is alleged in the information, 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 trial by



court sitting without a jury.















667.72.  (a) For the purpose of this section, a habitual child



molester is a person who has previously served at least one prison



term for a violation of subdivision (c) of Section 286, subdivision



(b) of Section 288, or subdivision (c) of Section 288a who, for the



purpose of committing that sexual offense, kidnapped the victim, who



was under the age of 14 at the time of the offense, in violation of



Section 207, and is convicted in the present proceeding of the same



offense against at least two separate victims.



   (b) Except as specified in subdivision (c), a habitual child



molester shall be punished by 25 years in the state prison.  Article



2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3



shall apply to reduce the prison term imposed by this subdivision.



However, no habitual child molester sentenced under this subdivision



may be released on parole until he or she has been incarcerated for



at least 20 years.



   (c) At the request of the prosecutor and in lieu of the punishment



specified in subdivision (b), the court shall instead order the



defendant be punished according to Sections 1170.1 and 667.6, or



according to Section 667.7 or 667.71, if applicable.



   (d) For the purpose of this section, prosecutorial jurisdiction is



authorized in any county wherein at least one of the underlying



offenses occurred.



   (e) This section shall only apply if the defendant's status as a



habitual child molester is alleged in the information, 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 trial by



court sitting without a jury.















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.















667.8.  (a) Except as provided in subdivision (b), any person



convicted of a felony violation of Section 261, 262, 264.1, 286,



288a, or 289 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) Any person convicted of a felony violation of subdivision (c)



of Section 286, Section 288, or subdivision (c) of Section 288a who,



for the purpose of committing that sexual offense, kidnapped the



victim, who was under the age of 14 years 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 is not applicable 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.















667.83.  (a) When a person is convicted of a felony violation of



Section 207, 209, 261, 264.1, 273a, 273d, 286, 288a, or 289 committed



against a child under the age of 18 years or a violation of Section



288 committed against a child of the age designated in that statute,



where the offense was committed as part of a ceremony, rite, or any



similar observance, the person shall be punished by an additional



term of three years in addition and consecutive to that violation.



   (b) For purposes of this section, a "ceremony, rite, or any



similar observance" shall mean any of the following:



   (1) Actual or simulated torture, mutilation, or sacrifice of any



mammal.



   (2) Forced ingestion, or external application of human or animal



urine, feces, flesh, blood, or bones.



   (3) Placement of a living child into a coffin, open grave, or



other confined area containing animal remains or a human corpse or



remains.



   (c) This section shall not apply to:



   (1) Lawful agricultural, animal husbandry, food preparation, or



wild game hunting and fishing practices and specifically the branding



or identification of livestock.



   (2) The lawful medical practice of circumcision or any ceremony



related thereto.



   (3) Any state or federally approved, licensed, or funded research



project.



   (d) The enhancement charged in violation of subdivision (a) shall



be proven by the testimony of two witnesses, or of one witness and



corroborating circumstances.



   (e) The following provisions govern the imposition of this



enhancement:



   (1) Only one enhancement shall be imposed per victim per incident.







   (2) If there are two or more victims, one enhancement may be



imposed per victim per incident.



   (f) The Department of Justice shall submit to the Legislature on



or before January 1, 1998, a report compiling data from the



Department of Justice form 8715 containing information relating to



this section that has been reported into the Department of Justice



automated criminal history system and is available on the



longitudinal file.



   (g) Persons responsible for the completion of the Department of



Justice form 8715 shall submit the form to the Attorney General in a



timely manner.  In addition, those persons shall record all cases in



which enhancements are charged under this section and the disposition



of those cases.



   (h) This section shall not be construed to infringe in any way



upon the rights and practices of legitimate religions.



   (i) This section shall remain in effect only until January 1,



1999, and as of that date is repealed unless a later enacted statute,



that is enacted before January 1, 1999, deletes or extends that



date.











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.











667.9.  (a) Any person who commits one or more of the crimes listed



in subdivision (c) against a person who is 65 years of age or older,



or against a person who is blind, 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 one-year enhancement



for each violation in addition to the sentence provided under Section



667.



   (b) Any person who has a prior conviction for any of the offenses



listed in subdivision (c), and who commits one or more of the crimes



listed in that subdivision 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 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 667.



   (c) Subdivisions (a) and (b) apply to the following crimes:



   (1) Robbery, in violation of Section 211.



   (2) Kidnapping, in violation of Section 207.



   (3) Kidnapping, in violation of Section 209.



   (4) Rape by force, violence, or fear of immediate and unlawful



bodily injury on the victim or another person in violation of



paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph



(1) or (4) of subdivision (a) of Section 262.



   (5) Sodomy or oral copulation by force, violence, duress, menace,



or fear of immediate and unlawful bodily injury on the victim or



another person in violation of Section 286 or 288a.



   (6) Mayhem, as defined in Section 203.



   (7) Carjacking, in violation of Section 215.



   (8) Kidnapping, in violation of Section 209.5.



   (9) Burglary of the first degree, as defined in Section 460.



   (d)  The existence of any fact which would bring a person under



subdivision (a) or (b) 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.



   (e) 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.















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.















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.















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 to the structure 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.















668.  Every person who has been convicted in any other state,



government, country, or jurisdiction of an offense for which, if



committed within this state, that person could have been punished



under the laws of this state by imprisonment in a state prison, is



punishable for any subsequent crime committed within this state in



the manner prescribed by law and to the same extent as if that prior



conviction had taken place in a court of this state.  The application



of this section includes, but is not limited to, all statutes which



provide for enhancements for prior convictions and prior prison



terms.











669.  When any person is convicted of two or more crimes, whether in



the same proceeding or court or in different proceedings or courts,



and whether by judgment rendered by the same judge or by different



judges, the second or other subsequent judgment upon which sentence



is ordered to be executed shall direct whether the terms of



imprisonment or any of them to which he or she is sentenced shall run



concurrently or consecutively.  Life sentences, whether with or



without the possibility of parole, may be imposed to run



consecutively with one another, with any term imposed for applicable



enhancements, or with any other term of imprisonment for a felony



conviction.  Whenever a person is committed to prison on a life



sentence which is ordered to run consecutive to any determinate term



of imprisonment, the determinate term of imprisonment shall be served



first and no part thereof shall be credited toward the person's



eligibility for parole as calculated pursuant to Section 3046 or



pursuant to any other section of law that establishes a minimum



period of confinement under the life sentence before eligibility for



parole.



   In the event that the court at the time of pronouncing the second



or other judgment upon that person had no knowledge of a prior



existing judgment or judgments, or having knowledge, fails to



determine how the terms of imprisonment shall run in relation to each



other, then, upon that failure to determine, or upon that prior



judgment or judgments being brought to the attention of the court at



any time prior to the expiration of 60 days from and after the actual



commencement of imprisonment upon the second or other subsequent



judgments, the court shall, in the absence of the defendant and



within 60 days of the notice, determine how the term of imprisonment



upon the second or other subsequent judgment shall run with reference



to the prior incompleted term or terms of imprisonment.  Upon the



failure of the court to determine how the terms of imprisonment on



the second or subsequent judgment shall run, the term of imprisonment



on the second or subsequent judgment shall run concurrently.



   The Department of Corrections shall advise the court pronouncing



the second or other subsequent judgment of the existence of all prior



judgments against the defendant, the terms of imprisonment upon



which have not been completely served.















670.  (a) Any person who violates Section 7158 or 7159 of, or



subdivision (b), (c), (d), or (e) of Section 7161 of, the Business



and Professions Code or Section 470, 484, 487, or 532 of this code as



part of a plan or scheme to defraud an owner or lessee of a



residential or nonresidential structure in connection with the offer



or performance of repairs to the structure for damage caused by a



natural disaster specified in subdivision (b), shall be subject to



the penalties and enhancements specified in subdivisions (c) and (d).



  The existence of any fact which would bring a person under this



section 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 a plead of guilty or nolo contendere or by trial by



the court sitting without a jury.



   (b) This section 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) The maximum or prescribed amounts of fines for offenses



subject to this section shall be doubled.  If the person has been



previously convicted of a felony offense specified in subdivision



(a), the person shall receive a one-year enhancement in addition to,



and to run consecutively to, the term of imprisonment for any felony



otherwise prescribed by this subdivision.



   (d) Additionally, the court shall order any person sentenced



pursuant to this section to make full restitution to the victim  or



to make restitution to the victim based on the person's ability to



pay, as defined in subdivision (b) of Section 1203.1b.  The payment



of the restitution ordered by the court pursuant to this subdivision



shall be made a condition of any probation granted by the court for



an offense punishable under this section.  Notwithstanding any other



provision of law, the period of probation shall be at least five



years or until full restitution is made to the victim, whichever



first occurs.



   (f) Notwithstanding any other provision of law,  the prosecuting



agency shall be entitled to recover its costs of investigation and



prosecution from any fines imposed for a conviction under this



section.















672.  Upon a conviction for any crime punishable by imprisonment in



any jail or prison, in relation to which no fine is herein



prescribed, the court may impose a fine on the offender not exceeding



one thousand dollars ($1,000) in cases of misdemeanors or ten



thousand dollars ($10,000) in cases of felonies, in addition to the



imprisonment prescribed.















673.  It shall be unlawful to use in the reformatories,



institutions, jails, state hospitals or any other state, county, or



city institution any cruel, corporal or unusual punishment or to



inflict any treatment or allow any lack of care whatever which would



injure or impair the health of the prisoner, inmate, or person



confined; and punishment by the use of the strait jacket, gag,



thumbscrew, shower bath or the tricing up of a prisoner, inmate or



person confined is hereby prohibited.  Any person who violates the



provisions of this section or who aids, abets, or attempts in any way



to contribute to the violation of this section shall be guilty of a



misdemeanor.















674.  (a) Any person who is a primary care provider in a day care



facility and who is convicted of a felony violation of Section 261,



285, 286, 288, 288a, or 289, where the victim of the crime was a



minor entrusted to his or her care by the minor's parent or guardian,



a court, any public agency charged with the provision of social



services, or a probation department, may be punished by an additional



term of two years.



   (b) If the crime described in subdivision (a) was committed while



voluntarily acting in concert with another, the person so convicted



may be punished by an additional term of three years.



   (c) The enhancements authorized by this section may be imposed in



addition to any other required or authorized enhancement.















678.  Whenever in this code the character or grade of an offense, or



its punishment, is made to depend upon the value of property, such



value shall be estimated exclusively in lawful money of the United



States.
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