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

Cal. Penal Code § 12022.95 (2026)

Sentence Enhancements

✓ current as of May 2026
Find cases: SyfertCases citing this section CA-LEGleginfo.legislature.ca.gov JustiaCode on Justia CornellLII Search CasesGoogle Scholar

Any person convicted of a violation of Section 273a, who under circumstances or conditions likely to produce great bodily harm or death, willfully causes or permits any child to suffer, or inflicts thereon unjustifiable physical pain or injury that results in death, or having the care or custody of any child, under circumstances likely to produce great bodily harm or death, willfully causes or permits that child to be injured or harmed, and that injury or harm results in death, shall receive a four-year enhancement for each violation, in addition to the sentence provided for that conviction. Nothing in this paragraph shall be construed as affecting the applicability of subdivision (a) of Section 187 or Section 192. This section shall not apply unless the allegation is included within an accusatory pleading and admitted by the defendant or found to be true by the trier of fact.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1997–2022 · leading case: People v. Preller, 54 Cal. App. 4th 93 (Cal. Ct. App. 1997).
Sort: Relevance Newest Treatment
People v. Preller, 54 Cal. App. 4th 93 (Cal. Ct. App. 1997). “(a)) and that the injury resulted in death (Pen. Code, § 12022.95). A jury found the defendant guilty on both counts and found both allegations true.”
People v. Rowe, No. F078149 (Cal. Ct. App. May 27, 2022). “(a)), with the special allegation of willfully permitting a child to suffer great bodily injury or death (Pen. Code, § 12022.95). Prior to trial, Courtney agreed to plead guilty to failing to protect Peyton and agreed to testify against appellant in exchange for release from…”
P. v. Warren, No. E055443 (Cal. Ct. App. June 12, 2013). “(a)), with an enhancement for causing harm resulting in death (Pen. Code, § 12022.95). As a result, defendant was sentenced to a total of eight years in prison, along with the usual fines and fees.”
P. v. Dacosta, No. B240178 (Cal. Ct. App. July 25, 2013). “” (Pen. Code, § 12022.95.) The trial court denied defendant’s motion for a new trial and sentenced defendant to six years in prison.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.