California Codes

Cal. Penal Code § 667.61 (2026)

✓ current as of May 2026

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(a)Except as provided in subdivision (j), (l), or (m), a person who is convicted of an offense specified in subdivision (c) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 25 years to life.

(b)Except as provided in subdivision (a), (j), (l), or (m), a person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e) shall be punished by imprisonment in the state prison for 15 years to life.

(c)This section shall apply to any of the following offenses:

(1)Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261.

(2)Rape, in violation of paragraph (1) or (4) of subdivision (a) of former Section 262.

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

(4)Lewd or lascivious act, in violation of subdivision (b) of Section 288.

(5)Sexual penetration, in violation of subdivision (a) of Section 289.

(6)Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 286.

(7)Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 287 or former Section 288a.

(8)Lewd or lascivious act, in violation of subdivision (a) of Section 288.

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

(d)The following circumstances shall apply to the offenses specified in subdivision (c):

(1)The defendant has been previously convicted of an offense specified in subdivision (c), including an offense committed in another jurisdiction that includes all of the elements of an offense specified in subdivision (c).

(2)The defendant kidnapped the victim of the present offense and the movement of the victim substantially increased the risk of harm to the victim over and above that level of risk necessarily inherent in the underlying offense in subdivision (c).

(3)The defendant inflicted aggravated mayhem or torture on the victim or another person in the commission of the present offense in violation of Section 205 or 206.

(4)The defendant committed the present offense during the commission of a burglary of the first degree, as defined in subdivision (a) of Section 460, with intent to commit an offense specified in subdivision (c).

(5)The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 287 or former Section 288a, and, in the commission of that offense, any person committed any act described in paragraph (2), (3), or (4) of this subdivision.

(6)The defendant personally inflicted great bodily injury on the victim or another person in the commission of the present offense in violation of Section 12022.53, 12022.7, or 12022.8.

(7)The defendant personally inflicted bodily harm on the victim who was under 14 years of age.

(e)The following circumstances shall apply to the offenses specified in subdivision (c):

(1)Except as provided in paragraph (2) of subdivision (d), the defendant kidnapped the victim of the present offense in violation of Section 207, 209, or 209.5.

(2)Except as provided in paragraph (4) of subdivision (d), the defendant committed the present offense during the commission of a burglary in violation of Section 459.

(3)The defendant personally used a dangerous or deadly weapon or a firearm in the commission of the present offense in violation of Section 12022, 12022.3, 12022.5, or 12022.53.

(4)The defendant has been convicted in the present case or cases of committing an offense specified in subdivision (c) against more than one victim.

(5)The defendant engaged in the tying or binding of the victim or another person in the commission of the present offense.

(6)The defendant administered a controlled substance to the victim in the commission of the present offense in violation of Section 12022.75.

(7)The defendant committed the present offense in violation of Section 264.1, subdivision (d) of Section 286, or subdivision (d) of Section 287 or former Section 288a, and, in the commission of that offense, any person committed an act described in paragraph (1), (2), (3), (5), or (6) of this subdivision or paragraph (6) of subdivision (d).

(f)If only the minimum number of circumstances specified in subdivision (d) or (e) that are required for the punishment provided in subdivision (a), (b), (j), (l), or (m) to apply have been pled and proved, that circumstance or those circumstances shall be used as the basis for imposing the term provided in subdivision (a), (b), (j), (l), or (m) whichever is greater, rather than being used to impose the punishment authorized under any other law, unless another law provides for a greater penalty or the punishment under another law can be imposed in addition to the punishment provided by this section. However, if any additional circumstance or circumstances specified in subdivision (d) or (e) have been pled and proved, the minimum number of circumstances shall be used as the basis for imposing the term provided in subdivision (a), (j), or (l) and any other additional circumstance or circumstances shall be used to impose any punishment or enhancement authorized under any other law.

(g)Notwithstanding Section 1385 or any other law, the court shall not strike any allegation, admission, or finding of any of the circumstances specified in subdivision (d) or (e) for any person who is subject to punishment under this section.

(h)Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, a person who is subject to punishment under this section.

(i)For any offense specified in paragraphs (1) to (7), inclusive, of subdivision (c), or in paragraphs (1) to (6), inclusive, of subdivision (n), the court shall impose a consecutive sentence for each offense that results in a conviction under this section if the crimes involve separate victims or involve the same victim on separate occasions as defined in subdivision (d) of Section 667.6.

(j)(1)A person who is convicted of an offense specified in subdivision (c), with the exception of a violation of subdivision (a) of Section 288, upon a victim who is a child under 14 years of age under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e), shall be punished by imprisonment in the state prison for life without the possibility of parole. Where the person was under 18 years of age at the time of the offense, the person shall be punished by imprisonment in the state prison for 25 years to life.

(2)A person who is convicted of an offense specified in subdivision (c) under one of the circumstances specified in subdivision (e), upon a victim who is a child under 14 years of age, shall be punished by imprisonment in the state prison for 25 years to life.

(k)As used in this section, “bodily harm” means any substantial physical injury resulting from the use of force that is more than the force necessary to commit an offense specified in subdivision (c).

(l)A person who is convicted of an offense specified in subdivision (n) under one or more of the circumstances specified in subdivision (d) or under two or more of the circumstances specified in subdivision (e), upon a victim who is a minor 14 years of age or older shall be punished by imprisonment in the state prison for life without the possibility of parole. If the person who was convicted was under 18 years of age at the time of the offense, the person shall be punished by imprisonment in the state prison for 25 years to life.

(m)A person who is convicted of an offense specified in subdivision (n) under one of the circumstances specified in subdivision (e) against a minor 14 years of age or older shall be punished by imprisonment in the state prison for 25 years to life.

(n)Subdivisions (l) and (m) shall apply to any of the following offenses:

(1)Rape, in violation of paragraph (2) of subdivision (a) of Section 261.

(2)Rape, in violation of paragraph (1) of subdivision (a) of former Section 262.

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

(4)Sexual penetration, in violation of paragraph (1) of subdivision (a) of Section 289.

(5)Sodomy, in violation of paragraph (2) of subdivision (c) of Section 286, or in violation of subdivision (d) of Section 286.

(6)Oral copulation, in violation of paragraph (2) of subdivision (c) of Section 287 or former Section 288a, or in violation of subdivision (d) of Section 287 or former Section 288a.

(o)The penalties provided in this section shall apply only if the existence of any circumstance specified in subdivision (d) or (e) is alleged in the accusatory pleading pursuant to this section, and is either admitted by the defendant in open court or found to be true by the trier of fact.

Notes of Decisions

Cited in 215 cases (86 in the last 5 years), 1996–2026 · leading case: People v. Lopez, 14 Cal. Rptr. 3d 202 (Cal. Ct. App. 2004).

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People v. Lopez, 14 Cal. Rptr. 3d 202 (Cal. Ct. App. 2004). · cites it 14× “Defendant admitted a multiple-victim special circumstance for purposes of the one strike law (Pen.Code, § 667.61). Defendant also admitted a prior sexual offense, for purposes of the habitual sexual offender law (Pen.”

People v. Jimenez, 247 Cal. Rptr. 3d 221 (Cal. Ct. App. 5th 2019). · cites it 6× “( Pen. Code, § 667.61, subds. (b) & (e).) The case went to trial in November 2016.”

People v. Jones, 18 P.3d 674 (Cal. 2001). · cites it 8× “II Penal Code section 667.61 mandates an indeterminate sentence of either 25 years ( id.”

People v. Tidwell, 8 Cal. Daily Op. Serv. 7437 (Cal. Ct. App. 2008). · cites it 9× “(a)(1)), with findings that he used a deadly weapon (Pen. Code, § 667.61, subd. (e)(4)), he kidnapped the victim thereby increasing the risk (Pen.”

People v. Carbajal, 298 P.3d 835 (Cal. 2013). · cites it 6× “(Pen. Code, § 667.61, subds. (b), (e)(4); all further statutory references are to the Penal Code.”

People v. Jones, 97 Cal. Daily Op. Serv. 8151 (Cal. Ct. App. 1997). · cites it 7× “As a result, he was sentenced to a total of sixty-three years, eight months to life in prison; this included four separate indeterminate terms of twenty-five years to life (two concurrent and two consecutive) imposed pursuant to the “one strike” law (Pen. Code, § 667.61). A…”

People v. Acosta, 52 P.3d 624 (Cal. 2002). · cites it 4× “The issue on which the Chief Justice and I disagree with the majority involves the interplay between three sentencing provisions: the "One Strike" law (Pen.Code, § 667.61), [1] the "Three Strikes" law (§ 667, subds.”

People v. Stewart, 14 Cal. Rptr. 3d 353 (Cal. Ct. App. 2004). · cites it 9× “He was sentenced under both the one strike law (Pen. Code, § 667.61, subd. (b)) and the three strikes law (Pen.”

People v. Anderson, 470 P.3d 2 (Cal. 2020). · cites it 2× “4th 735 (Mancebo), where we held that a court could not impose a sentence under the “One Strike” law (Pen. Code, § 667.61) based on a multiple-victim circumstance not alleged in the accusatory pleading.”

People v. Dinh Van Nguyen, 226 Cal. Rptr. 3d 615 (Cal. Ct. App. 5th 2017). · cites it 2× “( Pen. Code, § 667.61, former subd. (e)(4); see now id .”

People v. Ramirez, 135 Cal. Rptr. 2d 542 (Cal. Ct. App. 2003). · cites it 2× “There, the defendant was charged under the "one strike" law (Pen.Code, § 667.61) with having used a firearm while kidnapping and committing sex offenses against two separate victims.”

People v. Hammer, 69 P.3d 436 (Cal. 2003). · cites it 2× “Penal Code section 667.61, known as the “One Strike” law, requires imposition of a sentence of 25 years to life in prison if a person is convicted of one of the sexual offenses listed in subdivision (c) of the statute and certain other triggering circumstances are found to exist.”

Show all 215 citing cases →

— Cal. Penal Code § 667.61(B) — 1 case

Kinney v. Miller (S.D. Cal. 2020).

— Cal. Penal Code § 667.61(E)(4) — 1 case

People v. Kirk CA5 (Cal. Ct. App. 2026).

— Cal. Penal Code § 667.61(a) — 6 cases

Nuh Nhuoc Loi v. Scribner, 671 F. Supp. 2d 1189 (S.D. Cal. 2009).

People v. Tamayo CA2/4 (Cal. Ct. App. 2016).

In re Vaquera (Cal. Ct. App. 2019).

People v. Bolanos (Cal. Ct. App. 2023).

People v. Bolanos CA5 (Cal. Ct. App. 2025).

— Cal. Penal Code § 667.61(a)(c)(7) — 1 case

Nuh Nhuoc Loi v. Scribner, 671 F. Supp. 2d 1189 (S.D. Cal. 2009).

— Cal. Penal Code § 667.61(a)(c)(d) — 1 case

Gutierrez v. Hill (S.D. Cal. 2023).

— Cal. Penal Code § 667.61(b) — 4 cases

In re Vaquera (Cal. Ct. App. 2019).

People v. Lopez CA2/8 (Cal. Ct. App. 2021).

People v. Farias CA2/8 (Cal. Ct. App. 2023).

(HC) Kimbro v. Mule Creek State Prison Warden (E.D. Cal. 2019).

— Cal. Penal Code § 667.61(b)(c)(e) — 2 cases

Barrios v. Sullivan (S.D. Cal. 2021).

Ross v. Kernan (S.D. Cal. 2023).

— Cal. Penal Code § 667.61(c) — 1 case

In re Vaquera (Cal. Ct. App. 2019).

— Cal. Penal Code § 667.61(d) — 1 case

People v. Guzman CA6 (Cal. Ct. App. 2023).

— Cal. Penal Code § 667.61(d)(2) — 3 cases

People v. Byrd, 194 Cal. App. 4th 88 (Cal. Ct. App. 2011).

(HC) Hickman v. People of State of California (E.D. Cal. 2022).

James Flores v. Connie Gipson, Acting Warden, 507 F. App'x 688 (9th Cir. 2013).

— Cal. Penal Code § 667.61(d)(4) — 1 case

People v. Washington CA2/7 (Cal. Ct. App. 2014).

— Cal. Penal Code § 667.61(e) — 1 case

Guzman v. Pickett (N.D. Cal. 2021).

— Cal. Penal Code § 667.61(e)(1) — 1 case

People v. Flores CA4/1 (Cal. Ct. App. 2022).

— Cal. Penal Code § 667.61(e)(2) — 1 case

People v. Washington CA2/7 (Cal. Ct. App. 2014).

— Cal. Penal Code § 667.61(e)(4) — 1 case

(HC)Sanchez v. Martinez (E.D. Cal. 2020).

— Cal. Penal Code § 667.61(e)(6) — 1 case

People v. Quijano CA4/1 (Cal. Ct. App. 2014).

— Cal. Penal Code § 667.61(i) — 1 case

People v. Angeles CA2/7 (Cal. Ct. App. 2020).

— Cal. Penal Code § 667.61(j)(2) — 1 case

Martin Ruiz Sanchez v. M.E. Spearman (C.D. Cal. 2019).

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.