667.71
Effective Jan 1, 2022Amended by Stats. 2021, Ch. 626, Sec. 32. (AB 1171) Effective January 1, 2022.
- (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.