Cal. Codes » Penal Code / PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS / TITLE 2. SENTENCE ENHANCEMENTS
California Codes

Cal. Penal Code § 12022.3 (2026)

✓ current as of May 2026
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For each violation of Section 220 involving a specified sexual offense, or for each violation or attempted violation of Section 261, 264.1, 286, 287, 288, or 289, or former Section 262 or 288a, and in addition to the sentence provided, a person shall receive the following:

(a)A 3-, 4-, or 10-year enhancement if the person uses a firearm or a deadly weapon in the commission of the violation.

(b)A one-, two-, or five-year enhancement if the person is armed with a firearm or a deadly weapon.

Notes of Decisions
Cited in 27 cases (2 in the last 5 years), 1981–2021 · leading case: People v. Jones, 18 P.3d 674 (Cal. 2001).
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People v. Jones, 18 P.3d 674 (Cal. 2001). · cites it 2× “*760 III Penal Code section 12022.3, subdivision (a), as pertinent, provides: "For each violation or attempted violation of Section 261 [rape], .”
People v. Jesse F., 137 Cal. App. 3d 164 (Cal. Ct. App. 1982). · cites it 4× “Code, §§ 211, 213) while personally armed with a knife (Pen. Code, § 12022.3) [sic]; count n, assault with a deadly weapon (Pen.”
People v. Mendival, 92 Cal. Daily Op. Serv. 265 (Cal. Ct. App. 1992). · cites it 2× “deadly weapon” (Pen. Code, § 12022.3) in the commission of the crime of forced oral copulation when the defendant committed the crime while carrying a knife in his back pocket.”
People v. Jones, 97 Cal. Daily Op. Serv. 8151 (Cal. Ct. App. 1997). “On both the deadly weapon use circumstance and the deadly weapon use enhancement (Pen. Code, § 12022.3): “[Defendant, Terrell Jones, in the commission of the offense charged under count [number] .”
People v. Thompson, 138 Cal. App. 3d 123 (Cal. Ct. App. 1982). · cites it 2× “1 Count II (oral copulation) was selected as the base term and he was sentenced to seven years plus a three-year enhancement (Pen. Code, § 12022.3). As to count HI (forcible rape), he was sentenced to six years to run consecutive to count n.”
People v. Masbruch, 920 P.2d 705 (Cal. 1996). “*1015 At the time of the crimes—April 2, 1991—Penal Code section 12022.3, subdivision (a), required an enhancement for certain sex crimes “if the person uses a firearm or any other deadly weapon in the commission of the violation.”
People v. Soto, 981 P.2d 958 (Cal. 1999). “Code, § 261) and with having used a knife in the commission of the offense (Pen. Code, § 12022.3). On November 17, 1989, the victim, a 78-year-old widow, treated her neighbors, Leroy and Alma B.”
People v. Thomas, 94 Cal. Daily Op. Serv. 5610 (Cal. Ct. App. 1994). “The jury also found true related firearm use enhancements (Pen. Code, §§ 12022.3,12022.5.) as to each count.”
People v. Sutton, 163 Cal. App. 3d 438 (Cal. Ct. App. 1985). · cites it 2× “The court sentenced Sutton to a total term of twenty-one years’ imprisonment, calculated as follows; a six-year middle term for one of the forcible oral copulation counts, three additional years for use of a deadly weapon in the commission of the offense (Pen. Code, § 12022.3) a…”
People v. Stiltner, 132 Cal. App. 3d 216 (Cal. Ct. App. 1982). “5 Penal Code section 12022.3 reads in its entirety as follows: “For each violation of Section 261, 264.”
People v. Steele, 91 Cal. Daily Op. Serv. 8609 (Cal. Ct. App. 1991). · cites it 2× “" Gilbert, The Mikado, or the Town of Titipu (1885), act II The repulsiveness of defendant's conduct notwithstanding, the Legislature has prescribed an additional three years to defendant's sentence pursuant to *796 Penal Code section 12022.3 only if defendant used a "deadly…”
People v. Reynolds, 154 Cal. App. 3d 796 (Cal. Ct. App. 1984). “(Pen. Code, § 12022.3.) As a further condition of the plea, as more fully set forth in the excerpt from the clerk’s transcript above, it was agreed that the sentencing would be done by one of three superior court judges, the People preferring “Judge Kolostian, if available.”
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