The Three "Strikes and You're Out" Law: Serious Felonies Within the Meaning of the Califonia Three Strikes Law

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"Serious Felonies" (As "Strikes") Within the Meaning of California Penal Code Section 1192.7.(c)

1. Murder or voluntary manslaughter;
2. mayhem;
3. rape;
4. sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or anotherperson;
5. oral copulation by force, violence, duress, menace, threat of greatbodily injury, or fear of immediate and unlawful bodily injury on the victimor another person;
6. lewd or lascivious act on a child under the age of 14 years;
7. any felony punishable by death or imprisonment in the state prison forlife;
8. any other felony in w hich the defendant personally inflicts great bodilyinjury on any person, other than an accomplice; or any felony which thedefendant personally uses a firearm;
9. attempted murder;
10. assault with intent to commit rape or robbery;
11. assault with a deadly weapon or instrument on a peace officer;
12. assault by a life prisoner on a noninmate;
13. assault with a deadly weapon by an inmate;
14. arson;
15. exploding a destructive device or any explosive with the intent toinjure;
16. exploding a destructive device o r any explosive causing great bodilyinjury or mayhem;
17. exploding a destructive device or any explosive with intent to murder;
18. burglary of an inhabited dwelling house, or trailer coach as defined bythe Vehicle Code, or inhabited portion of any other b uilding;
19. robbery or bank robbery;
20. kidnapping;
21. holding of a hostage by a person confined in a state prison;
22. attempt to commit a felony punishable by death or imprisonment in thestate prison for life;
23. any felony in which the defendant persona lly used a dangerous or deadlyweapon;
24. selling, furnishing, administering, giving, or offering to sell,furnish, administer, or give to a minor any heroin, cocaine, phencyclidine(PCP), or any methamphetamine-related drug, as described in paragraph (2) of subdivision (d) of Section 11055 of the Health and Safety Code, or any of theprecursors of methamphetamines, as described in subparagraph (A) of paragraph(1) of subdivision (f) of Section 11055 or subdivision (a) of Section 11100of the Health and Safety Code;
25. any violation of subdivision (a) of Section 289 where the act isaccomplished against the victim's will by force, violence, duress, menace, orfear of immediate and unlawful bodily injury on the victim or another person;
26. grand theft involving a firearm;
27. carjacking; any attempt to commit a crime listed in this subdivisionother than an assault; and
28. any conspiracy to commit an offense described in paragraph (24) as itapplies to Section 11370 .4 of the Health and Safety Code where the defendantconspirator was substantially involved in the planning, direction, orfinancing of the underlying offense.

Copyright 1995-1996, Jerome P. Mullins, Attorney at Law, alawyer@silicon-valley.com, all rights reserved.

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