California Virtually Abolishes 1-Year Prison Prior
The California legislative virtually abolished the one (1) year prison prior for most offenses. Previously, a person faced an additional 1 year sentence, in addition to their underlying sentence, for each prior prison term commitment.
Penal Code 667.5(b) pc was amended making it applicable only to certain sex crimes.[1] A “sexually violent offense” is statutorily defined as an act committed by force, violence, duress, menace, fear of immediate and unlawful bodily injury, or threatening in the future to retaliate against the victim. Additionally, the following list of felony offenses will qualify as a sexually violent:
- Rape – Penal Code 261
- Spousal Rape – Penal Code 262
- Rape in Concert – Penal Code 264.1
- Aggravated Sexual Assault on Child – Penal Code 269
- Sodomy – Penal Code 286
- Oral Copulation – Penal Code 287
- Lewd Acts with Minor – Penal Code 288(a)
- Continuous Sexual Abuse on Child – Penal Code 288.5
- Forcible Penetration with Foreign Object – Penal Code 289
- Any Kidnapping or Felony Assault committed with the intent to commit a violation of the above listed sections.
If you have been arrested, charged, or are under investigation for a crime, then contact the Law Offices of John D. Rogers to schedule a free confidential consultation with an experienced Newport Beach sex crimes attorney.
Footnote:
[1] See California Welfare & Institutions Code 6600(b): (“Sexually violent offense” means the following acts when committed by force, violence, duress, menace, fear of immediate and unlawful bodily injury on the victim or another person, or threatening to retaliate in the future against the victim or any other person, and that are committed on, before, or after the effective date of this article and result in a conviction or a finding of not guilty by reason of insanity, as defined in subdivision (a): a felony violation of Section 261 , 262 , 264.1, 269, 286 , 287,288, 288.5, or 289 of, or former Section 288a of, the Penal Code, or any felony violation of Section 207 , 209 , or 220 of the Penal Code , committed with the intent to commit a violation of Section 261 , 262 , 264.1, 286 , 287,288, or 289 of, or former Section 288a of, the Penal Code.”)
