The Three Strikes law significantly increases the prison sentences of persons convicted of felonies who have been previously convicted of a violent or serious felony, and limits the ability of these offenders to receive a punishment other than a prison sentence. Violent and serious felonies are specifically listed in state law.
Serious felonies - Murder or involuntary manslaughter.
- Mayhem.
- Sodomy by force, violence, duress, menace or fear of immediate bodily injury on the victim or another person.
- Oral copulation by force, violence, duress, menace or fear of immediate bodily injury on the victim or another person.
- Lewd or lascivious act on a child under the age of 14 years.
- Any felony punishable by death or imprisonment for life.
- Any other felony in which the defendant personally inflicts great bodily injury on any person or personally uses a firearm.
- Attempted murder.
- Assault with intent to commit rape or robbery.
- Assault with a deadly weapon or instrument on a peace officer.
- Assault by a life prisoner on a non-inmate.
- Assault with a deadly weapon by an inmate.
- Arson.
- Exploding a destructive device or any explosive with intent to injure.
- Exploding a destructive device or any explosive causing great bodily injury or mayhem.
- Exploding a destructive device or any explosive with intent to murder.
- Burglary of an inhabited dwelling, house or trailer coach as defined by the Vehicle Code or inhabited portion of any other building.
- Robbery or bank robbery.
- Kidnapping.
- Holding of a hostage by a person confined in a state prison.
- Attempt to commit a felony punishable by death or life imprisonment.
- Any felony in which the defendant personally used a dangerous or deadly weapon selling, furnishing, administering, giving or offering to sell, furnish administer or give to a minor, heroin, cocaine, phencyclidine (PCP), a methamphetamine-related drug, or a precursor of methamphetamine.
- Any violation of subdivision (a) of Section 289 where the act is accomplished against the victim's will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.
- Grand theft involving a firearm.
- Any attempt to commit a crime listed in this subdivision other than an assault.
- Continuous sexual abuse of a child.
Violent felonies - Murder or manslaughter.
- Mayhem.
- Rape by force, violence, duress, menace or fear of immediate bodily injury on the victim or another person.
- Oral copulation by force, violence, duress, menace or fear of immediate bodily injury on the victim or another person.
- Lewd act on a child.
- Any felony punishable by death or life sentence.
- Any felony resulting in great bodily injury or in which a firearm was used.
- Robbery of an inhabited dwelling, vessel or trailer coach in which a deadly or dangerous weapon was used.
- Arson that causes great bodily injury.
- Penetration by a foreign object.
- Attempted murder.
- Explosion with intent to commit murder.
- Out-of-state kidnapping transported to California.
- Continuous sexual abuse of a child.
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