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

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"Violent Felonies" (As "Strikes") Within the Meaning of California Penal Code Section 667.5.(c)

1. Murder or voluntary manslaughter.
2. Mayhem.
3. Rape as defined in paragraph (2) of subdivision (a) of Section 261.
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 immediateand 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 forlife.
8. Any felony in which the defendant inflicts great bodily injury on anyperson other than an accomplice which has been charged and proved as providedfor in Section 12022.7 or 12022.9 on or after July 1, 1977, or as specifiedprior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which has been charged and proved as provided inSection 12022.5 or 12022.55.
9. Any robbery perpetuated in an inhabited dwelling house, vessel, as defined in Section 21 of the Harbors and Navigation Code, which is inhabitedand designated for habitation, an inhabited floating home as defined insubdivision (d) of Section 18075.55 of the Health and Safety Code, aninhabited trailer coach, as defined in the Vehicle Code, or in the inhabitedportion of any other building, wherein it is charged and proved that thedefendant personally used a deadly or dangerous weapon, as provided insubdivision (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, orfear 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 in violation of 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 ischarged and proved that the defendant personally used a dangerous or deadlyweapon as provided in subdivision (b) of Section 12022 in the commission ofthe carjacking.

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

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