Possible Sentences Under the "One Strike" Law
Under Penal Code section 667.61, also known as the “One Strike” law, a person will suffer a sentence of life behind bars if convicted of the following sexual offenses, when those offenses are committed under the circumstances listed below:
1) One Strike Law Applies to the Following Sexual Offenses:
a. Rape (Pen. Code 261)
b. Spousal rape (Pen. Code 262)
c. Sexual penetration in concert (Pen. Code 264.1)
d. Lewd act on a child (Pen. Code 288)
e. Sexual penetration (Pen. Code 289)
f. Sodomy (Pen. Code 286)
g. Oral copulation (Pen. Code 288a)
h. Continuous sexual abuse of a child (Pen. Code 288.5)
2) Potential Sentences
a) The person must receive a sentence of 25 years to life if he or she is convicted of one of the designated sex crimes and meets any one of the following conditions (Pen. Code 667.61(d)):
i) The person has a prior conviction for one of the designated crimes, including out-of-state convictions. A person’s prior conviction for a lewd act on a child (Pen. Code 288 (a)) qualifies as a prior conviction under the One Strike law even though the person has been granted probation.
ii) The person kidnaps the victim with substantial increased risk of harm to victim.
iii) The person inflicts aggravated mayhem or torture on the victim or another person.
iv) The person commits the offense in the course of a residential burglary committed with the intent to commit the sex offense
v) The person commits a violation of 264.1 (rape, spousal rape or sexual penetration in concert), section 286, subdivision (d) (sodomy in concert), or section 288a, subdivision (d) (oral copulation in concert), and in committing the offense, the person did any of the acts specified in paragraphs (b), (c), or (d) above.
vi) The person personally inflicted great bodily injury on the victim or another in the commission of the present offense, in violation of sections 12022.53, 12022.7, or 12022.8.
vii) The person personally inflicted “bodily harm” on the victim who was under the age of 14.
b) The person must receive a sentence of 25 years to life if he or she is convicted of one of the designated sex crimes and meets any two of the following conditions: (Pen. Code 667.61, subd. (e))
i) Person kidnaps the victim without substantial increase of risk of harm to victim.
ii) The crime is committed during a residential or commercial burglary committed without the intent to commit the sex offense.
iii) Person personally uses a deadly or dangerous weapon or a firearm in the commission of the present offense. (Pen. Code 12022, 12022.3, 12022.5, 12022.53.)
iv) The person was convicted in the present case of committing one of the designated crimes against more than one victim.
v) The victim or another person is bound or tied.
vi) Person administers a controlled substance to the victim by force or fear. (Pen. Code 12022.75.)
vii) The person committed the present offense in violation of section 264.1, section 286(d), or 288a(d), and in committing the offense, the person committed any act described in paragraphs (a), (b), (c), (e), or (f) above.
c) The person is to receive a sentence of 15 years to life if he or she meets any one of the conditions in the paragraph (b) above. (Pen. Code 667.61 (b).)
d) Effective September 9, 2010, the person is to receive a sentence of life without the possibility of parole if he or she commits any offense listed in paragraph (1) on a child under the age of 14 (with the exception of section 288, subdivision (a)), under one of the circumstances listed in paragraph (2)(a) or two of the circumstances listed in paragraph (2)(b). (Pen. Code 667.61 (j)(1).) If the person is under the age of 18 at the time of the offense, the punishment if 25 years to life.
e) Effective September 9, 2010, the person is to receive a sentence of 25 years to life if he or she commits any offense listed in paragraph (1) on a child under the age of 14, under one of the circumstances listed in paragraph (2)(b). (Pen. Code 667.61 (j)(2).)
f) Effective September 9, 2010, the person is to receive a sentence of life without the possibility of parole if the person commits a separately designated sex crime against a child under the age of 14 under one of the conditions listed in paragraph (2)(a), or two of the conditions listed in paragraph (2)(b). If the person is under the age of 18 at the time the crime is committed, the punishment shall be 25 years to life. (Pen. Code 667.61 (l).) The separately designated sex crimes are: rape (section 261 (a)(2)); spousal rape (section 262 (a)(1)); rape, spousal rape, or sexual penetration in concert (section 264.1); sexual penetration (section 289 (a)(1)); sodomy (section 286 (c)(2) or (d)); or oral copulation (section 288a (c)(2) or (d)).
g) Effective September 9, 2010, the person is to receive a sentence of 25 years to life if he or she commits any separately designated sex offense under one of the conditions listed in paragraph (2)(b).
h) Effective September 20, 2006, the One Strike law was amended to apply to persons convicted of continuous sexual abuse of a child. (288.5)
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If you or a loved one has been arrested for any of the above-mentioned sex crimes, contact our law office for a free consultation. We can help! Our office is located in Murrieta and we serve all Riverside County cities, including Temecula, Menifee, Wildomar, Murrieta, Lake Elsinore, Hemet, Perris, Banning, Corona, Winchester or Riverside.