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Cal. Penal Code § 667.5 (2026)

✓ current as of May 2026
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Enhancement of prison terms for new offenses because of prior prison terms shall be imposed as follows:

(a)If one of the new offenses is one of the violent felonies specified in subdivision (c), in addition to and consecutive to any other prison terms therefor, the court shall impose a three-year term for each prior separate prison term served by the defendant when the prior offense was one of the violent felonies specified in subdivision (c). However, an additional term shall not be imposed pursuant to 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.

(b)Except when subdivision (a) applies, if the new offense is any felony for which a prison sentence or a sentence of imprisonment in a county jail under subdivision (h) of Section 1170 is imposed or is not suspended, in addition and consecutive to any other sentence therefor, the court shall impose a one-year term for each prior separate prison term for a sexually violent offense as defined in subdivision (b) of Section 6600 of the Welfare and Institutions Code, provided that an additional term shall not be imposed under this subdivision for any prison term served prior to a period of five years in which the defendant remained free of both the commission of an offense that results in a felony conviction, and prison custody or the imposition of a term of jail custody imposed under subdivision (h) of Section 1170 or any felony sentence that is not suspended.

(c)The Legislature finds and declares that the following specified crimes merit special consideration when imposing a sentence to display society’s condemnation for these extraordinary crimes of violence against the person. For the purpose of this section, “violent felony” means any of the following:

(1)Murder or voluntary manslaughter.

(2)Mayhem.

(3)Rape as defined in paragraph (2) or (6) of subdivision (a) of Section 261 or paragraph (1) or (4) of subdivision (a) of former Section 262.

(4)Sodomy as defined in subdivision (c) or (d) of Section 286.

(5)Oral copulation as defined in subdivision (c) or (d) of Section 287 or of former Section 288a.

(6)Lewd or lascivious act as defined in subdivision (a) or (b) of Section 288.

(7)Any felony punishable by death or imprisonment in the state prison for life.

(8)Any felony in which the defendant inflicts great bodily injury on a person other than an accomplice, which has been charged and proved as provided for in Section 12022.7, 12022.8, or 12022.9 on or after July 1, 1977, or as specified prior to July 1, 1977, in Sections 213, 264, and 461, or any felony in which the defendant uses a firearm which use has been charged and proved as provided in subdivision (a) of Section 12022.3, or Section 12022.5 or 12022.55.

(9)Any robbery.

(10)Arson, in violation of subdivision (a) or (b) of Section 451.

(11)Sexual penetration as defined in subdivision (a) or (j) of Section 289.

(12)Attempted murder.

(13)A violation of Section 18745, 18750, or 18755.

(14)Kidnapping.

(15)Assault with the intent to commit a specified felony, in violation of Section 220.

(16)Continuous sexual abuse of a child, in violation of Section 288.5.

(17)Carjacking, as defined in subdivision (a) of Section 215.

(18)Rape or sexual penetration, in concert, in violation of Section 264.1.

(19)Extortion, as defined in Section 518, which would constitute a felony violation of Section 186.22.

(20)Threats to victims or witnesses, as defined in Section 136.1, which would constitute a felony violation of Section 186.22.

(21)Any burglary of the first degree, as defined in subdivision (a) of Section 460, wherein it is charged and proved that another person, other than an accomplice, was present in the residence during the commission of the burglary.

(22)Any violation of Section 12022.53.

(23)A violation of subdivision (b) or (c) of Section 11418.

(24)Rape as defined in paragraph (3) of subdivision (a) of Section 261, wherein it is pleaded and proved that the defendant caused the intoxication by administering a controlled substance to the victim without their consent and with the intent to sexually assault the victim.

(d)For the purposes of this section, the defendant shall be deemed to remain in prison custody for an offense until the official discharge from custody, including any period of mandatory supervision, or until release on parole or postrelease community supervision, whichever occurs first, including any time during which the defendant remains subject to reimprisonment or custody in county jail for escape from custody or is reimprisoned on revocation of parole or postrelease community supervision. The additional penalties provided for prior prison terms shall not be imposed unless they are charged and admitted or found true in the action for the new offense.

(e)The additional penalties provided for prior prison terms shall not be imposed for any felony for which the defendant did not serve a prior separate term in state prison or in county jail under subdivision (h) of Section 1170.

(f)A prior conviction of a felony shall include a conviction in another jurisdiction for an offense which, if committed in California, is punishable by imprisonment in the state prison or in county jail under subdivision (h) of Section 1170 if the defendant served one year or more in prison for the offense in the other jurisdiction. A prior conviction of a particular felony shall include a conviction in another jurisdiction for an offense that includes all of the elements of the particular felony as defined under California law if the defendant served one year or more in prison for the offense in the other jurisdiction.

(g)A prior separate prison term for the purposes of this section shall mean a continuous completed period of prison incarceration imposed for the particular offense alone or in combination with concurrent or consecutive sentences for other crimes, including any reimprisonment on revocation of parole that is not accompanied by a new commitment to prison, and including any reimprisonment after an escape from incarceration.

(h)Serving a prison term includes any confinement time in any state prison or federal penal institution as punishment for commission of an offense, including confinement in a hospital or other institution or facility credited as service of prison time in the jurisdiction of the confinement.

(i)For the purposes of this section, a commitment to the State Department of Mental Health, or its successor the State Department of State Hospitals, as a mentally disordered sex offender following a conviction of a felony, which commitment exceeds one year in duration, shall be deemed a prior prison term.

(j)For the purposes of this section, when a person subject to the custody, control, and discipline of the Secretary of the Department of Corrections and Rehabilitation is incarcerated at a facility operated by the Division of Juvenile Justice, that incarceration shall be deemed to be a term served in state prison.

(k)(1)Notwithstanding subdivisions (d) and (g) or any other law, when one of the new offenses is committed while the defendant is temporarily removed from prison pursuant to Section 2690 or while the defendant is transferred to a community facility pursuant to Section 3416, 6253, or 6263, or while the defendant is on furlough pursuant to Section 6254, the defendant shall be subject to the full enhancements provided for in this section.

(2)This subdivision does not apply when a full, separate, and consecutive term is imposed pursuant to any other law.

Notes of Decisions
Cited in 1,363 cases (230 in the last 5 years), 1977–2026 · leading case: Doe v. Saenz, 45 Cal. Rptr. 3d 126 (Cal. Ct. App. 2006).
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Doe v. Saenz, 45 Cal. Rptr. 3d 126 (Cal. Ct. App. 2006). · cites it 16× “(Pen. Code, § 667.5, subd. (c)(21).) The trial court held that the Department may not treat occupied burglary as a non-exemptible offense, reasoning it is not a crime against an individual.”
Ewing v. California, 538 U.S. 11 (2003). · cites it 4× “Prior convictions must be alleged in the charging document, and the defendant has a right to a jury determination that the prosecution has proved the prior convictions beyond a reasonable doubt.”
People v. Conley, 373 P.3d 435 (Cal. 2016). · cites it 4× “Code, § 23550), that he had served three prior prison terms (Pen. Code, § 667.5), and that he had two prior convictions that qualified as strikes under the Three Strikes law (Pen.”
Manduley v. Superior Court, 41 P.3d 3 (Cal. 2002). · cites it 6× “6 of the Welfare and Institutions Code provided that in a criminal proceeding against a minor, the court retained discretion to sentence the minor to the California Youth Authority (Youth Authority), unless the minor (1) was convicted of a violent or serious felony, as defined…”
People v. Lua, 10 Cal. App. 5th 1004 (Cal. Ct. App. 2017). · cites it 4× “(c)) and had served three prior prison terms (Pen. Code, § 667.5, subd. (b)). Defendant received an aggregate sentence of 17 years.”
Lockyer v. Andrade, 538 U.S. 63 (2003). · cites it 2× “Cal. Penal Code Ann. §§ 667.5, 1192.7 (West 1999); see also Ewing v.”
People v. Tenner, 862 P.2d 840 (Cal. 1993). · cites it 7× “(a)) and a prior felony conviction for which he had served a prison term (Pen. Code, § 667.5, subd. (b)). In support of the latter finding, the People had introduced into evidence an abstract of judgment and a state prison commitment form in case No.”
People v. McKenzie, 236 Cal. Rptr. 3d 533 (Cal. Ct. App. 5th 2018). · cites it 5× “(c) ) and having served three prior prison terms ( Pen. Code, § 667.5, subd. (b) ). In case No.”
State v. Fain, 617 P.2d 720 (Wash. 1980). · cites it 6× “Cal. Penal Code § 667.5 (a) (West). For crimes not defined as "violent felonies" under section 667.”
San Bernardino Cnty. Child. & Fam. Servs. v. A.S., 228 Cal. App. 4th 1483 (Cal. Ct. App. 2014). · cites it 6× “” Penal Code section 667.5 provides enhancements for prior prison terms.”
BMW of North Am., Inc. v. Gore, 517 U.S. 559 (1996). · cites it 2× “Code § 13A-5-9 (1994); Cal. Penal Code Ann. §§ 667.5(f), 668 (West Supp.”
People v. Wolcott, 665 P.2d 520 (Cal. 1983). · cites it 4× “5) and three years *98 for service of a prior prison term for a violent felony (Pen. Code, § 667.5). The court imposed concurrent sentences for all other crimes.”
Show all 1,363 citing cases →
— Cal. Penal Code § 667.5(a) — 1 case
Smith v. Spearman (N.D. Cal. 2021).
— Cal. Penal Code § 667.5(b) — 31 cases
Michael Cuero v. Matthew Cate, 827 F.3d 879 (9th Cir. 2016).
Michael Anthony v. Steven Cambra, Jr., Warden, 236 F.3d 568 (9th Cir. 2000).
Gonzalez v. Duncan, 551 F.3d 875 (9th Cir. 2008).
Moore v. Chrones, 687 F. Supp. 2d 1005 (C.D. Cal. 2010).
Love v. Yates, 586 F. Supp. 2d 1155 (N.D. Cal. 2008).
— Cal. Penal Code § 667.5(c) — 10 cases
Doe v. Saenz, 45 Cal. Rptr. 3d 126 (Cal. Ct. App. 2006). “(Pen. Code, § 667.5, subd. (c)(21).) The trial court held that the Department may not treat occupied burglary as a non-exemptible offense, reasoning it is not a crime against an individual.”
Henry Robert Lisbey v. Alberto Gonzales, Attorney Gen., 420 F.3d 930 (9th Cir. 2005).
Wheeler v. Yarbrough, 352 F. Supp. 2d 1085 (C.D. Cal. 2005).
Rene Maldonado v. L. Martinez (C.D. Cal. 2024).
(PC) Villegas v. Spearman (E.D. Cal. 2020).
— Cal. Penal Code § 667.5(c)(1) — 2 cases
Ewing v. California, 538 U.S. 11 (2003). “Prior convictions must be alleged in the charging document, and the defendant has a right to a jury determination that the prosecution has proved the prior convictions beyond a reasonable doubt.”
Doe v. Saenz, 45 Cal. Rptr. 3d 126 (Cal. Ct. App. 2006). “(Pen. Code, § 667.5, subd. (c)(21).) The trial court held that the Department may not treat occupied burglary as a non-exemptible offense, reasoning it is not a crime against an individual.”
— Cal. Penal Code § 667.5(c)(17) — 1 case
Childers v. Eldridge (S.D. Cal. 2020).
— Cal. Penal Code § 667.5(c)(2) — 2 cases
Silvio Ernesto Ruiz-Morales, A/K/A Silvio Ernesto Ruiz v. John Ashcroft, Attorney Gen., 361 F.3d 1219 (9th Cir. 2004).
Doe v. Saenz, 45 Cal. Rptr. 3d 126 (Cal. Ct. App. 2006). “(Pen. Code, § 667.5, subd. (c)(21).) The trial court held that the Department may not treat occupied burglary as a non-exemptible offense, reasoning it is not a crime against an individual.”
— Cal. Penal Code § 667.5(c)(21) — 4 cases
Anthony Rios v. Silvia Garcia, Warden, 390 F.3d 1082 (9th Cir. 2004).
Doe v. Saenz, 45 Cal. Rptr. 3d 126 (Cal. Ct. App. 2006). “(Pen. Code, § 667.5, subd. (c)(21).) The trial court held that the Department may not treat occupied burglary as a non-exemptible offense, reasoning it is not a crime against an individual.”
(HC) Serrato v. C. Koenig (E.D. Cal. 2019).
NaDonte Larrimore v. Warden Gastelo (C.D. Cal. 2019).
— Cal. Penal Code § 667.5(c)(6) — 2 cases
(PC) Eleson v. Lizarraga (E.D. Cal. 2019).
Jimmy M. Garcia v. B. Cates (C.D. Cal. 2021).
— Cal. Penal Code § 667.5(c)(7) — 1 case
Doe v. Saenz, 45 Cal. Rptr. 3d 126 (Cal. Ct. App. 2006). “(Pen. Code, § 667.5, subd. (c)(21).) The trial court held that the Department may not treat occupied burglary as a non-exemptible offense, reasoning it is not a crime against an individual.”
— Cal. Penal Code § 667.5(c)(8) — 6 cases
Doe v. Saenz, 45 Cal. Rptr. 3d 126 (Cal. Ct. App. 2006). “(Pen. Code, § 667.5, subd. (c)(21).) The trial court held that the Department may not treat occupied burglary as a non-exemptible offense, reasoning it is not a crime against an individual.”
In Re Schaefer, 116 Cal. App. 3d 588 (Cal. Ct. App. 1981).
Wheeler v. Yarbrough, 352 F. Supp. 2d 1085 (C.D. Cal. 2005).
Boultinghouse v. Hall, 583 F. Supp. 2d 1145 (C.D. Cal. 2008).
People v. Quintero CA2/4 (Cal. Ct. App. 2023).
— Cal. Penal Code § 667.5(c)(9) — 6 cases
Anthony Rios v. Silvia Garcia, Warden, 390 F.3d 1082 (9th Cir. 2004).
Doe v. Saenz, 45 Cal. Rptr. 3d 126 (Cal. Ct. App. 2006). “(Pen. Code, § 667.5, subd. (c)(21).) The trial court held that the Department may not treat occupied burglary as a non-exemptible offense, reasoning it is not a crime against an individual.”
Penton v. Kernan, 528 F. Supp. 2d 1020 (S.D. Cal. 2007).
Norice Patterson v. Josie Gastelo (C.D. Cal. 2020).
Johnson v. Gastelo (N.D. Cal. 2020).
— Cal. Penal Code § 667.5(d) — 1 case
Holloway v. Terhune, 97 F. App'x 80 (9th Cir. 2004).
— Cal. Penal Code § 667.5(e) — 1 case
Moore v. Chrones, 687 F. Supp. 2d 1005 (C.D. Cal. 2010).
— Cal. Penal Code § 667.5(f) — 1 case
BMW of North Am., Inc. v. Gore, 517 U.S. 559 (1996). “Code § 13A-5-9 (1994); Cal. Penal Code Ann. §§ 667.5(f), 668 (West Supp.”
— Cal. Penal Code § 667.5(g) — 2 cases
Montone v. State, 521 A.2d 720 (Md. 1987).
Moore v. Chrones, 687 F. Supp. 2d 1005 (C.D. Cal. 2010).
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.