Sex crimes
Revision as of 16:26, 19 June 2023 by Sysop (talk | contribs) (Created page with " ==Sentencing== Some Penal Code provisions appear to be enhancements but are in fact alternative sentencing schemes imposed when certain crimes are committed in a particular way. A good example is the One Strike statute for specified offenses. (Pen. Code § 667.61.) When the defendant is convicted of an enumerated sex crime and additionally, for example, in the commission of that crime personally inflicted great bodily injury (GBI), the crime may be prosecuted under...")
Sentencing
Some Penal Code provisions appear to be enhancements but are in fact alternative sentencing schemes imposed when certain crimes are committed in a particular way. A good example is the One Strike statute for specified offenses. (Pen. Code § 667.61.) When the defendant is convicted of an enumerated sex crime and additionally, for example, in the commission of that crime personally inflicted great bodily injury (GBI), the crime may be prosecuted under the One Strike statute, and the resulting punishment is 25 years to life rather than a determinate term for the crime plus a set term of years for a GBI enhancement. (Pen. Code § 667.61(d)(6); People v. Anderson (2009) 47 Cal.4th 92.)