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CALIFORNIA Legislation 

Cal. Pen. Code § 667.8

Enhancement upon Conviction of Kidnapping for Purpose of Committing Sexual Offense

1. Except as provided in subdivision (b), a person convicted of a felony violation of Section 261, 264.1, 286, 287, or 289 or former Section 262 or 288a who, for the purpose of committing that sexual offense, kidnapped the victim in violation of Section 207 or 209, shall be punished by an additional term of nine years.

2. A person convicted of a felony violation of subdivision (c) of Section 286, subdivision (c) of Section 287 or former Section 288a, or Section 288 who, for the purpose of committing that sexual offense, kidnapped the victim, who was under 14 years of age at the time of the offense, in violation of Section 207 or 209, shall be punished by an additional term of 15 years. This subdivision does not apply to conduct proscribed by Section 277, 278, or 278.5.

3. The following shall govern the imposition of an enhancement pursuant to this section:

   1. Only one enhancement shall be imposed for a victim per incident.

   2. If there are two or more victims, one enhancement can be imposed for each victim per incident.

   3. The enhancement may be in addition to the punishment for either, but not both, of the following:

      1. A violation of Section 207 or 209.

      2. A violation of the sexual offenses enumerated in this section.

Amendment History:

1986 Amendment:

(1) Designated the former section to be subd (a); (2) amended subd (a) by (a) adding “Except as provided in subdivision (b),”; (b) deleting “288,” after “286,”; (c) adding the comma after “288a”; and (d) substituting “that” for “such” after “of committing”; and (3) added subd (b).

1994 Amendment (Ex Sess):

(1) Substituted “nine” for “three” near the end of subd (a); (2) substituted “15” for “nine” near the end of the first sentence of subd (b); and (3) added subd (c).

1994 Amendment (Reg Sess):

Added “262,” after “Section 261,” in subd (a).

1997 Amendment:

Added “or 209” after “violation of Section 207” wherever it appears.

2018 Amendment (ch 423):

Substituted “Section 261, 262, 264.1, 286, 287, or 289 or former Section 288a” for “Section 261, 262, 264.1, 286, 288a, or 289”; substituted “subdivision (c) of Section 287 or former Section 288a, or Section 288” for “Section 288, or subdivision (c) of Section 288a” in (b).

2021 Amendment (ch 626):

In (a), substituted “a person” for “any person”, deleted “262,” preceding “264.1” and added “262 or”; and in (b), substituted “A person” for “Any person”, “under 14 years of age” for “under the age of 14 years” in the first sentence and substituted “This subdivision does not apply” for “This subdivision is not applicable” in the second sentence.

Source: LexisNexis

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