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CALIFORNIA Legislation
Cal. Pen. Code § 667.51
Enhancement for Prior Conviction upon Conviction of Lewd Act with Child
A person who is convicted of violating Section 288 or 288.5 shall receive a five-year enhancement for a prior conviction of an offense specified in subdivision (b).
Section 261, 264.1, 269, 285, 286, 287, 288, 288.5, or 289, former Section 262 or 288a, or any offense committed in another jurisdiction that includes all of the elements of any of the offenses specified in this subdivision.
A violation of Section 288 or 288.5 by a person who has been previously convicted two or more times of an offense specified in subdivision (b) shall be punished by imprisonment in the state prison for 15 years to life.
Amendment History:
1986 Amendment:
(1) Substituted “a” for “each” after “enhancement for” in subd (a); (2) added subd (c); (3) redesignated former subd (c) to be subd (d); and (4) amended subd (d) by substituting (a) “been previously convicted two or more times of an offense listed in subdivision (c)” for “served two or more prior prison terms as defined in Section 667.5 for a violation of an offense listed in subdivision (b)” in the first sentence; and (b) the second and third sentences for the former second sentence which read: “For purposes of this subdivision a conviction for a violation of an offense listed in subdivision (b) in which the person was committed to a state hospital shall be the equivalent of a sentence to state prison.”
1989 Amendment:
Added “288.5,” in subds (b) and (c). 1994 Amendment:
(1) Amended subd (a) by (a) adding a comma after “subdivision (b); and (b) substituting “that for “which” after “of an offense”; (2) added “, or any offense committed in another jurisdiction that includes all of the elements of any of the offenses set forth in this subdivision” in subds (b) and (c); and (3) substituted “that” for “such” both times it appears in the last sentence of subd (d).
2006 Amendment (ch 337):
(1) Amended subd (a) by (a) substituting “convicted of violating Section 288 or 288.5” for “found guilty of violating Section 288” after “Any person who is”; (b) substituting “specified” for “listed” after “conviction of an offense”; and (c) deleting “, provided that no additional term shall be imposed under this subdivision for any prison term served prior to a period of 10 years in which the defendant remained free of both prison custody and the commission of an offense that results in a felony conviction” at the end; (2) amended subd (b) by substituting (a) “Section 261, 262, 264.1, 269,” for “Section 261, 264.1,” at the beginning; and (b) “specified” for “set forth” after “any of the offenses”; (3) deleted former subd (c) which read: “(c) Section 261, 264.1, 286, 288, 288a, 288.5, or 289, or any offense committed in another jurisdiction that includes all of the elements of any of the offenses set forth in this subdivision.”; (4) redesignated former subd (d) to be subd (c); (5) amended subd (c) by (a) substituting “Section 288 or 288.5” for “Section 288” after “A violation of”; (b) substituting “specified in subdivision (b) shall be punished” for “listed in subdivision (c) is punishable as a felony” after “times of an offense; and (c) deleting the former last three sentences which read: “However, if the two or more prior convictions were for violations of Section 288, this subdivision is applicable only if the current violation or at least one of the prior convictions is for an offense other than a violation of subdivision (a) of Section 288. For purposes of this subdivision, a prior conviction is required to have been for charges brought and tried separately. The provisions of Article 2.5 (commencing with Section 2930) of Chapter 7 or Title 1 of Part 3 shall apply to reduce any minimum term in a state prison imposed pursuant to this section, but that person shall not otherwise be released on parole prior to that time.” at the end.
2006 Amendment (Prop. 83):
The amendment made no change.
2018 Amendment (ch 423):
Substituted “Section 261, 262, 264.1, 269, 285, 286, 287, 288, 288.5, or 289, former Section 288a,” for “Section 261, 262, 264.1, 269, 285, 286, 288, 288a, 288.5, or 289,” in (b).
2021 Amendment (ch 626):
Substituted “A person” for “Any person” in (a); and in (b), deleted “262,” preceding “264.1” and added “262 or”.
Source: LexisNexis