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

Cal. Penal Code § 12022.8 (2026)

✓ current as of May 2026
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A person who inflicts great bodily injury, as defined in Section 12022.7, on a victim in a violation of Section 220 involving a specified sexual offense, or a violation or attempted violation of paragraph (2), (3), or (6) of subdivision (a) of Section 261, paragraph (1), (2), or (4) of subdivision (a) of former Section 262, Section 264.1, subdivision (b) of Section 288, subdivision (a) of Section 289, or sodomy or oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person as provided in Section 286 or 287, or former Section 288a, shall receive a five-year enhancement for each violation in addition to the sentence provided for the felony conviction.

Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 1981–2024 · leading case: People v. Latimer, 858 P.2d 611 (Cal. 1993).
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People v. Latimer, 858 P.2d 611 (Cal. 1993). · cites it 2× “It was agreed that defendant would not receive a prison sentence greater than 20 years, 8 months, and that the remaining counts would be dismissed.”
People v. Castillo, 168 Cal. App. 4th 364 (Cal. Ct. App. 2008). “(Pen. Code, § 12022.8.) This allegation was dismissed before trial.”
People v. Ramirez, 189 Cal. App. 3d 603 (Cal. Ct. App. 1987). “Penal Code section 12022.8 provided: “Any person who inflicts great bodily injury, as defined in Section 12022.”
People v. Wallace, 93 Cal. Daily Op. Serv. 2207 (Cal. Ct. App. 1993). “The primary issues are (1) whether the court should have excluded deoxyribonucleic acid (DNA) analysis evidence, and (2) whether the court should have instructed the jury that an element of the five-year *655 enhancement for infliction of great bodily injury in the commission of…”
People v. Montano, 91 Cal. Daily Op. Serv. 415 (Cal. Ct. App. 1991). “(b)), and that the attempted rape also involved the intentional infliction of great bodily injury (Pen. Code, § 12022.8). Defendant was thereupon sentenced to state prison for the term of life imprisonment without possibility of parole.”
People v. Williams, 115 Cal. App. 3d 446 (Cal. Ct. App. 1981). “2 Penal Code section 12022.8 now is the controlling enhancement provision for rape and other sexual offenses in which great bodily injury is inflicted.”
People v. Brown, 174 Cal. App. 3d 762 (Cal. Ct. App. 1985). “) The sentence enhancement set forth in Penal Code section 12022.8 shall be imposed, in addition to the sentence provided for a conviction of any offense listed in the section, if the trier of fact finds that the person who committed the crime inflicted great bodily injury upon…”
People v. Prothro, 215 Cal. App. 3d 166 (Cal. Ct. App. 1989). “Appellant also admitted personally inflicting great bodily injury in the commission of one of the lewd acts (Pen. Code, § 12022.8). Appellant was remanded to the California Youth Authority (CYA) and evaluated pursuant to Welfare and Institutions Code section 707.”
People v. Brooks CA1/4 (Cal. Ct. App. 2015). · cites it 3× “(a)) and great bodily injury in a sex offense (Pen. Code, § 12022.8). On appeal, appellant contends that the trial court improperly admitted expert testimony about wound causation, and erred in excluding evidence of the victim’s prior sexual conduct.”
People v. James CA4/2 (Cal. Ct. App. 2021). “(b)), that he had inflicted great bodily injury in his commission of the count 4 offense (Pen. Code, § 12022.8), and that he had used a firearm in his commission of the count 4 offense (Pen.”
People v. James CA4/2 (Cal. Ct. App. 2021). “(b)), that he had inflicted great bodily injury in his commission of the count 4 offense (Pen. Code, § 12022.8), and that he had used a firearm in his 1Effective January 1, 2019, Penal Code section 288a was renumbered to Penal Code section 287.”
People v. Centenomiranda CA4/3 (Cal. Ct. App. 2024). “(Pen. Code, § 12022.8.) In addition, the prosecution alleged that defendant orally copulated C.”
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