Cal. Codes » Penal Code / PART 1. OF CRIMES AND PUNISHMENTS / TITLE 16. GENERAL PROVISIONS
California Codes

Cal. Penal Code § 668 (2026)

General Provisions — Of Crimes And Punishments

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Every person who has been convicted in any other state, government, country, or jurisdiction of an offense for which, if committed within this state, that person could have been punished under the laws of this state by imprisonment in the state prison, is punishable for any subsequent crime committed within this state in the manner prescribed by law and to the same extent as if that prior conviction had taken place in a court of this state. The application of this section includes, but is not limited to, all statutes that provide for an enhancement or a term of imprisonment based on a prior conviction or a prior prison term or a term pursuant to subdivision (h) of Section 1170.

Notes of Decisions
Cited in 7 cases, 1946–1999 · leading case: In re McVickers, 176 P.2d 40 (Cal. 1946).
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In re McVickers, 176 P.2d 40 (Cal. 1946). · cites it 3× “” (Pen Code, § 668.) No motion for a new trial was made, no appeal was taken, and the judgment of the trial court adjudicating petitioner’s status as an “habitual criminal” became final.”
People v. Burgio, 16 Cal. App. 4th 769 (Cal. Ct. App. 1993). · cites it 6× “Penal Code section 668 provides: "Every person who has been convicted in any other state, government, country, or jurisdiction of an offense for which, if committed within this state, such person could have been punished under the laws of this state by imprisonment in a state…”
People v. Butler, 68 Cal. App. 4th 421 (Cal. Ct. App. 1998). · cites it 2× “) Penal Code section 668 does not apply in the instant case, as it refers to punishment for crimes and thus applies only to sentencing schemes and not to commitments under the SVP law.”
People v. Hunt, 74 Cal. App. 4th 939 (Cal. Ct. App. 1999). “However, the section illustrates that, when the Legislature intends for prior convictions to be used regardless of where they occurred or by whom they were prosecuted, it knows how to express such an intent clearly.”
People v. Petty, 127 Cal. App. 3d 255 (Cal. Ct. App. 1981). “) Arguably, Penal Code section 668 relates only to enhancement, and not to aggravation.”
People v. Howard, 47 Cal. App. 4th 1526 (Cal. Ct. App. 1996). “(Pen. Code, § 668.) The Mayberry defense (an honest and reasonable belief in consent) is closely analogous to the Flannel defense (an honest but unreasonable belief in the need for self-defense).”
People v. James, 318 P.2d 175 (Cal. Ct. App. 1957). “(Pen. Code, § 668.) The court did not err in denying defendant a new trial.”
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