Serious felony

Crimes

Offenses below which are listed as "maybe" will usually require an examination of the record of conviction (ROC) to determine if the charged offense meets the crime listed in the statute. A court may look at the entire record of conviction. (People v. Reed (1996) 13 Cal.4th 217, 226.) The record can include the transcript of the preliminary hearing. (People v. Bartow (1996) 46 Cal.App.4th 1573.)

Code	Crime	Serious	Citation	Triggering clause	Notes
PC37	Treason	Yes	PC1192.7(c)	(7)
PC128	Perjury resulting in execution of innocent person	Yes	PC1192.7(c)	(7)
PC136.1	Intimidation of victims or witnesses	Yes	People v. Neely (2004) 124 Cal.App.4th	(37)	Neely held any felony violation of 136.1 as serious
PC148.10	Resisting police officer with SBI or death to officer	Maybe	People v. Rodriguez (1999) 69 Cal.App.4th 341	(8)	Personally inflicting serious injury is serious, but 148.10 can be violated by proximately causing injury
PC186.22	Gang offense	Yes	PC1192.7(c)	(28)
PC187	Murder	Yes	PC1192.7(c)	(1)
PC187/PC664	Attempted murder	Yes	PC1192.7(c)
PC191.5	Gross vehicular manslaughter	Maybe	People v. Wilson (2013) 219 Cal.App.4th 500, PC1192.8 People v. Gonzales (1994) 29 Cal.App.4th 1684	(8)
PC192(a)	Voluntary manslaughter	Yes	PC1192.7(c)	(1)
PC192(b)	Involuntary manslaughter	No	People v. Cook (1984) 158 Cal.App.3d 948
PC192(c)(1)	Gross vehicular manslaughter	Maybe	People v. Marin (2015) 240 Cal.App.4th 1344, 1350–1351 PC1192.8 People v. Gonzales (1994) 29 Cal.App.4th 1684	(8)	To be serious, must prove personal infliction of GBI to non-accomplice
PC203	Mayhem	Yes	PC1192.7(c)	(2)
PC205	Aggravated mayhem	Yes	PC1192.7(c)	(2),(7)
PC206	Torture	Yes	PC1192.7(c)	(7),(8)
PC207	Kidnapping	Yes	PC1192.7(c)	(20)
PC209	Kidnapping for ransom	Yes	PC1192.7(c)	(20)
PC209.5	Kidnapping during carjacking	Yes	PC1192.7(c)	(20),(27)
PC211	Robbery	Yes	PC1192.7(c)	(19)
PC215	Carjacking	Yes	PC1192.7(c)	(27)
PC220	Assault with the intent to commit mayhem, rape, sodomy, or oral copulation	Maybe	PC1192.7(c)	(10), (29)	Does not include assault with intent to commit PC264.1, PC286, PC288, PC288a, PC289
PC243(d)	Battery with SBI	Maybe	PC1192.7(c)	(8)	GBI is not the same as SBI. And not necessarily personally inflicted. People v. Bueno (2006) 143 Cal.App.4th 1053 People v. Taylor (2004) 118 Cal.App.4th 11 People v. Moore (1992) 10 Cal.App.4th 1868
PC244	Throwing acid or flammable substances	Maybe	PC1192.7(c)	(30)	????
PC245(a)(1)	Assault with a deadly weapon	Yes	PC1192.7(c)	(31)	Use of firearm does not have to be personal.
PC245(a)(2)	Assault with a firearm	Yes	People v. Myers (2007) 148 Cal.App.4th 546	(31)	Use of firearm does not have to be personal.
PC245(a)(4),former PC245(a)(1)	Assault with means likely to produce GBI	No	People v. Haykel (2002) 96 Cal.App.4th 146 People v. Winters (2001) 93 Cal.App.4th 273 Williams v. Superior Court (2001) 92 Cal.App.4th 612.
PC245(b)	Assault with a semiautomatic firearm	Yes	People v. Le (2015) 61 Cal.4th 416	(8), (23), or (31)	Use of firearm does not have to be personal.
PC245(c) or (d)	Assault with deadly weapon or firearm on police officer	Yes	PC1192.7(c)	(11)	Does not include assault on firefighter
PC245.2	Assault with a deadly weapon against a public transit employee	Maybe	PC1192.7(c)	(32)	Does not include assault with means likely to produce GBI
PC245.3	Assault with a deadly weapon against a custodial officer	Maybe	PC1192.7(c)	(32)	Does not include assault with means likely to produce GBI
PC245.5	Assault with a deadly weapon against a school employee	Maybe	PC1192.7(c)	(32)	Does not include assault with means likely to produce GBI
PC246	Discharge of a firearm at an inhabited dwelling, vehicle, or aircraft	Maybe	PC1192.7(c)	(33)	Does not include occupied building
PC261	Rape	Yes	PC1192.7(c)	(3)
PC264.1	Commission of rape or sexual penetration in concert with another person	Yes	PC1192.7(c)	(34)
PC286	Sodomy by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person	Maybe	PC1192.7(c)	(4)	???
PC286(c)	Sodomy on child <14 years old	Yes	People v. Murphy (2001) 25 Cal.4th 136	(6)
PC288	Lewd and lascivious act on child <14 years old	Yes	PC1192.7(c)	(6)
PC288a(c)	Oral copulation on child <14 years old	Yes	People v. Murphy (2001) 25 Cal.4th 136	(6)
PC288a(c)(2)(A)	oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person	???	PC1192.7(c)	(5)
PC288.5	Continuous sexual abuse of a child	Yes	PC1192.7(c)	(35)
PC289(a)(1)	Sexual penetration against the victim’s will by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person	Yes	PC1192.7(c)	(25)
PC289(j)	Sexual penetration on child <14 years old	Probably yes	People v. Murphy (2001) 25 Cal.4th 136	(6)
PC422	Criminal threats	Yes	PC1192.7(c)	(38)
PC451	Arson	Yes	PC1192.7(c)	(14)
PC451.5	Aggravated arson	Yes	PC1192.7(c)	(7),(14)
PC459 PC460(a)	First-degree Burglary	Yes	People v. Cruz (1996) 13 Cal.4th 764	(18)
PC487(d)(2)	Grand theft firearm	Yes	PC1192.7(c)	(26)
PC4500	Assault by life prisoner on non-inmate	Yes	PC1192.7(c)	(12)	Only for non-inmate
PC4501(a)	Assault with a deadly weapon by an inmate	Yes	PC1192.7(c)	(13)
PC4503	holding of a hostage by a person confined in a state prison	Yes	PC1192.7(c)	(21)
PC11418(b) or (c)	Use of weapon of mass destruction	Yes	PC1192.7(c)	(41)
PC12022.53	Firearm sentence enhancement	Yes	PC1192.7(c)	(40)
PC18740	Exploding a destructive device or any explosive with intent to injure	Maybe	PC1192.7(c)	(15)	Only for exploding, not for possession Not for intent to intimidate or terrify Requires examination of record of conviction
PC18745	exploding a destructive device or any explosive with intent to murder	Yes	PC1192.7(c)
PC18750	Exploding a destructive device or any explosive causing bodily injury	Yes	PC1192.7(c)	(16)
PC18750	Exploding a destructive device or any explosive causing GBI or death	Yes	PC1192.7(c)	(16)
PC26100(c) or (d)	Shooting from a vehicle	Yes	PC1192.7(c)	(36)
VC20001	Hit and run with injury	Maybe	People v. Wood (2000) 83 Cal.App.4th 862 People v. Braz (1998) 65 Cal.App.4th 425	(8)	To be serious, flight, not the initial collision, must be cause of injury
VC23104	Reckless driving with injury	Maybe	PC1192.8 People v. Valenzuela (2010) 191 Cal.App.4th 316	(8)	To be serious, must prove personal infliction of GBI to non-accomplice. VC23104 can be violated by proximately causing GBI.
VC23153	DUI with injury	Yes	PC1192.8 People v. Bow (1993) 13 Cal.App.4th 1551	(8) or (23)
PC182	Conspiracy of any of the above	Maybe	PC1192.7(c)	(42)
PC664	Attempt of any of the above	Maybe	PC1192.7(c)	(39)	Does not include attempt to assault

Statute

Penal Code section 1192.7

(a)

(1) It is the intent of the Legislature that district attorneys prosecute violent sex crimes under statutes that provide sentencing under a “one strike,” “three strikes” or habitual sex offender statute instead of engaging in plea bargaining over those offenses.

(2) Plea bargaining in any case in which the indictment or information charges any serious felony, any felony in which it is alleged that a firearm was personally used by the defendant, or any offense of driving while under the influence of alcohol, drugs, narcotics, or any other intoxicating substance, or any combination thereof, is prohibited, unless there is insufficient evidence to prove the people’s case, or testimony of a material witness cannot be obtained, or a reduction or dismissal would not result in a substantial change in sentence.

(3) If the indictment or information charges the defendant with a violent sex crime, as listed in subdivision (c) of Section 667.61, that could be prosecuted under Sections 269, 288.7, subdivisions (b) through (i) of Section 667, Section 667.61, or 667.71, plea bargaining is prohibited unless there is insufficient evidence to prove the people’s case, or testimony of a material witness cannot be obtained, or a reduction or dismissal would not result in a substantial change in sentence. At the time of presenting the agreement to the court, the district attorney shall state on the record why a sentence under one of those sections was not sought.

(b) As used in this section “plea bargaining” means any bargaining, negotiation, or discussion between a criminal defendant, or his or her counsel, and a prosecuting attorney or judge, whereby the defendant agrees to plead guilty or nolo contendere, in exchange for any promises, commitments, concessions, assurances, or consideration by the prosecuting attorney or judge relating to any charge against the defendant or to the sentencing of the defendant.

(c) As used in this section, “serious felony” means any of the following:

(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 another person;

(5) oral copulation by force, violence, duress, menace, threat of great bodily injury, or fear of immediate and unlawful bodily injury on the victim or another person;

(6) lewd or lascivious act on a child under 14 years of age;

(7) any felony punishable by death or imprisonment in the state prison for life;

(8) any felony in which the defendant personally inflicts great bodily injury on any person, other than an accomplice, or any felony in which the defendant 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 intent to injure;

(16) exploding a destructive device or any explosive causing bodily injury, great bodily injury, or mayhem;

(17) exploding a destructive device or any explosive with intent to murder;

(18) any burglary of the first degree;

(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 the state prison for life;

(23) any felony in which the defendant personally used a dangerous or deadly weapon;

(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 the precursors of methamphetamines, as described in subparagraph (A) of paragraph (1) of subdivision (f) of Section 11055 or subdivision (a) of Section 11100 of the Health and Safety Code;

(25) 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;

(26) grand theft involving a firearm;

(27) carjacking;

(28) any felony offense, which would also constitute a felony violation of Section 186.22;

(29) assault with the intent to commit mayhem, rape, sodomy, or oral copulation, in violation of Section 220;

(30) throwing acid or flammable substances, in violation of Section 244;

(31) assault with a deadly weapon, firearm, machinegun, assault weapon, or semiautomatic firearm or assault on a peace officer or firefighter, in violation of Section 245;

(32) assault with a deadly weapon against a public transit employee, custodial officer, or school employee, in violation of Section 245.2, 245.3, or 245.5;

(33) discharge of a firearm at an inhabited dwelling, vehicle, or aircraft, in violation of Section 246;

(34) commission of rape or sexual penetration in concert with another person, in violation of Section 264.1;

(35) continuous sexual abuse of a child, in violation of Section 288.5;

(36) shooting from a vehicle, in violation of subdivision (c) or (d) of Section 26100;

(37) intimidation of victims or witnesses, in violation of Section 136.1;

(38) criminal threats, in violation of Section 422;

(39) any attempt to commit a crime listed in this subdivision other than an assault;

(40) any violation of Section 12022.53;

(41) a violation of subdivision (b) or (c) of Section 11418; and

(42) any conspiracy to commit an offense described in this subdivision.

(d) As used in this section, “bank robbery” means to take or attempt to take, by force or violence, or by intimidation from the person or presence of another any property or money or any other thing of value belonging to, or in the care, custody, control, management, or possession of, any bank, credit union, or any savings and loan association.

As used in this subdivision, the following terms have the following meanings:

(1) “Bank” means any member of the Federal Reserve System, and any bank, banking association, trust company, savings bank, or other banking institution organized or operating under the laws of the United States, and any bank the deposits of which are insured by the Federal Deposit Insurance Corporation.

(2) “Savings and loan association” means any federal savings and loan association and any “insured institution” as defined in Section 401 of the National Housing Act, as amended, and any federal credit union as defined in Section 2 of the Federal Credit Union Act.

(3) “Credit union” means any federal credit union and any state-chartered credit union the accounts of which are insured by the Administrator of the National Credit Union administration.

(e) The provisions of this section shall not be amended by the Legislature except by statute passed in each house by rollcall vote entered in the journal, two-thirds of the membership concurring, or by a statute that becomes effective only when approved by the electors.

Penal Code section 1192.8

(a) For purposes of subdivision (c) of Section 1192.7, “serious felony” also means any violation of Section 191.5, paragraph (1) of subdivision (c) of Section 192, subdivision (a), (b), or (c) of Section 192.5 of this code, or Section 2800.3, subdivision (b) of Section 23104, or Section 23153 of the Vehicle Code, when any of these offenses involve the personal infliction of great bodily injury on any person other than an accomplice, or the personal use of a dangerous or deadly weapon, within the meaning of paragraph (8) or (23) of subdivision (c) of Section 1192.7.

(b) It is the intent of the Legislature, in enacting subdivision (a), to codify the court decisions of People v. Gonzales, 29 Cal. App. 4th 1684, and People v. Bow, 13 Cal. App. 4th 1551, and to clarify that the crimes specified in subdivision (a) have always been, and continue to be, serious felonies within the meaning of subdivision (c) of Section 1192.7.