SUPERIOR COURT STATE OF CALIFORNIA COUNTY OF SONOMA CRIMINAL BAIL SCHEDULE (CORRECTED) Adopted January 2, 2013 pursuant to Penal Code sections 1269b.(c) and 1269b.(d)
CHANGES TO THE BAIL SCHEDULE 2013 ** New PC section OFFENSE OLD AMOUNT NEW AMOUNT VOP MISD PC 136.1(a) 10K PC 136.1(c) 50K 100K PC 136.1(d) 50K 100K PC 191.5 100K 125K PC 192(c)(1) 50K 100K PC 192(c)(3) 25K 100K PC 203 60K 100K PC 212.5(a) 40K 100K PC 212.5(c) 30K 50K ** PC 236.1(a) 125K ** PC 236.1(b) 200K ** PC 236.1(c)(1) 125K ** PC 236.1(c)(2) 500K PC 261.5(c) 20K 50K PC 273a(a) 30K 50K PC 288.5 125K 250K PC 451(a) 70K 100K PC 451(b) 60K 75K PC 646.9(a) 30K 100K PC 646.9(b) 30K 100K PC 646.9(c) 50K 150K
CHANGES TO THE BAIL SCHEDULE - 2013 (Cont.) OFFENSE OLD AMOUNT NEW AMOUNT VOP MISD PC 647.6(c)(1) 40K 100K PC 647.6(c)(2) 50K 150K VC 20001(b)(2) 30K 100K VC 23152(a)(b)(Misd) 10K 25K VC 23152(a)(b)(Misd) 20K 50K VC 23152(a)(b)(Felony) 30K VC 23152(a)(b)(Felony) 50K 100K 100K VC 23153(a)(b)(Felony) 30K 100K 30K VC 23560 50K 100K 2
TABLE OF CONTENTS Sections Page Numbers Penal Code Violations (Including s) 1-45 Business and Professions Codes 45-46 Fish and Game Codes 46-47 California Code of Regulations Codes 47 Harbor and Navigation Codes 47 Health and Safety Codes 48-54 (Including s) Vehicle Codes (Including s) 54-57 Offenses Not Specified 58 APPENDIX A CITY ORDINANCES 59
HOW TO USE THIS BAIL SCHEDULE The following schedule is the presumptive bail for many but not all the statutory crimes for the State of California. A judicial officer may review the schedule for an individual case and exercise discretion in setting bail either above or below the presumptive amount. In doing so, the judicial officer shall consider the factors in Penal Code section 1275 such as the protection of the public, the seriousness of the charged crimes, the previous criminal record of the defendant and the probability the defendant will appear in court. Public safety is the primary consideration. Penal Code section 1275(a). Questions concerning the application of this bail schedule to any particular arrestee may be made to the Supervising Judge of the Criminal Division or his or her designee during the work week. After work hours, the ON CALL DUTY judge is available through the Sonoma County Sheriff=s Office Dispatch via the ON CALL DUTY cell phone number. For crimes not found on the schedule, the presumptive bail for felonies is $ and for misdemeanors it is $1,000. Arrests for More Than One Crime Arresting agencies and detention facilities are directed to follow the below guidelines when booking persons for more than one crime and/or warrants. 1. When a defendant is booked for or charged with two or more offenses, bail shall be the amount computed under this schedule for the charge having the highest bail, including applicable amounts for enhancements and prior convictions. 2. When a person is booked on two or more crimes that are listed as violent felonies in Penal Code Section 667.5(c ), the bail amounts shall be stacked and added together. Amounts for enhancements and prior convictions shall be added one time per defendant or case. 3. When a person is booked on a crime or crimes and has outstanding warrants, the warrant amounts shall be stacked in addition to the schedule bail amounts for the new crime or crimes.
4. When a person is booked on two or more crimes, whether the crimes are misdemeanors or felonies, bail will be added together and stacked if: a. The crimes are committed against separate victims or on separate dates, or; b. Where separate sex acts are committed on the same victim and each may be punished separately. Bail on all Felony Violations of Probation and all cases of Formal Supervised Misdemeanor Probation, shall be NO BAIL. Bail Schedule on Misdemeanor Violation of Probation as follows: (See attached schedule list) Bail Amounts on Arraignment in Court At first appearances and arraignments in court, the judicial officer may exercise discretion to lower or raise bail based on the actual charges filed by the District Attorney, enhancements and prior convictions alleged and prior strikes filed. 2
SONOMA COUNTY BAIL SCHEDULE 2013 Penal Code Section 32 * 16-2 - 3 Accessory after the Fact to Murder The greater of ½ amount of the bail for the offense or $ 67 2-3 - 4 Bribery of State Executive Officer 67.5(b) 16-2 - 3 Bribery of State Official or Employee (if Theft or Thing Given or Offered Would Be Grand Theft) 68(a) 2-3 - 4 State Official Asking for or Receiving a Bribe 69 * 16-2 - 3 Resisting or Deterring Executive Officer in Performance of His Duty 71(1) * 16-2 - 3 Threat to Injure School or Public Employees 72 * 16-2 - 3 False Claim to Public Board or Officer w/intent to Defraud 76(a)(1) 16-2 - 3 Threatening Life or Threatening Serious Bodily Harm to Government Official 92, 93 2-3 - 4 Bribery, Offering, Accepting by Judges, Jurors, Referees (Misdemeanor (Misdemeanor $2,000 $2,000 95 * 16-2 - 3 Influencing Juror/Referee/Umpire Page -1-
95.1 * 16-2 - 3 Threatening Juror Following Verdict (Misdemeanor 96 * 16-2 - 3 Misconduct of Jurors/Referees/Umpires 107 * 16-2 - 3 Escape of Felon Prisoner from Training School/County Hospital 109 16-2 - 3 Assisting Escape of Inmate from Training School/Reformatory, etc. 115(a) 16-2 - 3 Offering Forged/False Documents for Filing (Misdemeanor 5,000 118 2-3 - 4 Perjury 118a 2-3 - 4 Perjury by False Document 118.1 * 1-2 - 3 Peace Officer Filing a False Report 127 2-3 - 4 Subornation of Perjury 136.1(a) * 16-2 - 3 Maliciously Dissuade Witness or Victim from Testimony 136.1(b) * 16-2 - 3 Dissuade Witness to or Victim of Crime from Making Report 136.1(c) 2-3 - 4 Threatening Force or Violence on a Witness to Prevent Testimony 30,000 (Misdemeanor ) 30,000 (Misdemeanor ) $ $ 136.1(d) 2-3 - 4 Attempt to Prevent Testimony 136.5 * 16-2 - 3 Possess Deadly Weapon with Intent to Dissuade Witness from Testimony 137(a) 16-2 - 3 Inducing False Testimony by Bribing Witness (Misdemeanor ) Page -2-
137(b) 2-3 - 4 Inducing False Testimony Through Use of Force or Threat 138 16-2 - 3 Witness Soliciting or Receiving Bribe 139 * 2-3 - 4 Threatening Witness to or Victim of Crime 140 * 2-3 - 4 Use of Force or Threat of Force or Violence to Witness or Victim Because of Assistance in Prosecution (Misdemeanor (Misdemeanor ) 141(b) 2-3 - 5 Peace Officer Filing False Evidence 30,000 142 * 16-2 - 3 Officer Refusing to Receive or Make Arrest 146a(b) * 16-2 - 3 Impersonating an Officer of the Law (Misdemeanor 146e(b) 16-2 - 3 Disclosure of Address/Phone Number of Peace Office or Family Member Resulting in Bodily Injury to These Persons 148(a) (a misdemeanor) Up To One Year Resisting or Obstructing Peace Officer, EMT 2,500 $2,500 148(b) * 16-2 - 3 Taking of Weapon (Baton, Mace, etc.) While Resisting Arrest 148(c) 16-2 - 3 Removal of Officer s Firearm While Resisting Arrest 148(d) * 16-2 - 3 Removal of Officer s Firearm with Intent to Permanently Deprive (Misdemeanor (Misdemeanor 148.1(a) * 16-2 - 3 False Bomb Report to Official (Misdemeanor Page -3-
148.1(b) * 16-2 - 3 False Bomb Report to On-Duty Peace Officer 148.1(c) 16-2 - 3 False Bomb Report to any Other Person 148.1(d) * 16-2 - 3 Sending/Mailing a Facsimile Bomb to Any Person 148.1(d) 16-2 - 3 Malicious Possession of Facsimile Bomb with Intent to Commit Another to Fear for His or Her Safety 148.3(b) 16-2 - 3 False Report of Emergency Resulting in Death/GBI 148.4(b) 16-2 - 3 Tamper w/fire Alarm Resulting in Death/GBI (Misdemeanor (Misdemeanor 25,000 25,000 148.9 (a misdemeanor) Giving False Identification 2,500 148.10 * 2-3 - 4 Resisting Officer and Causing Death or Serious Bodily Injury (Misdemeanor 7,500) 149 * 16-2 - 3 Assault by Police (Misdemeanor 151(a)(2) 16-2 - 3 Advocating Injury/Death of Peace Officer Resulting in Injury/Death 165 2-3 - 4 Bribery of Councilman, Supervisor, etc. 25,000 166 (a misdemeanor) Up To Six Months Violation of Court/Protective Order 5,000 166(c)(4) * 16-2 - 3 Violation of Court/Protective Order (2 nd Conviction w/in 7 Years) (Misdemeanor Page -4-
166(d)(1) * 16-2 - 3 Purchase or Receipt of Firearm in Violation of Protective Order $15,000 171b * 16-2 - 3 Bringing Firearm, Knife, or Deadly Weapon into State or Local Public Building 181 2-3 - 4 Involuntary Servitude or Sale of Person (Misdemeanor 182 * 16-2 - 3 Conspiracy Same as Substantive Offense 182.5 * 16-2 - 3 Criminal Street Gang Conspiracy (see underlying felony) 25,000 (Misdemeanor 186.10(a) 16-2 - 3 Money Laundering 186.22(a) * 16-2 - 3 Participation in Criminal Street Gang Activity 186.22(d) * 1-2 - 3 Commission of Wobbler in Association with Criminal Street Gang 186.26(a) 16-2 - 3 Soliciting or Recruiting Person to Participate in Criminal Street Gang 186.26(b) 2-3 - 4 Use of Threats of Physical Violence on Two or More Occasions w/in 30 Day Period to Coerce, Induce, or Solicit Another Person to Participate in Criminal Street Gang 25,000 (Misdemeanor ) (Misdemeanor 25,000 $ 186.22(b)(1)(A) 2-3 - 4 Committing Felony While Violating Provisions Against Participating in Criminal Street Gang 25,000 Page -5-
186.22(b)(1)(B) 186.22(b)(1)(C) 5 years Committing Serious Felony, as Defined in PC 1192.7(c), While Violating Provisions Against Participating in Criminal Street Gang 10 years Committing Violent Felony, as Defined in PC 667.5(c), While Violating Provisions Against Participating in Criminal Street Gang 186.26(c) 3-4 - 5 Use of Physical Violence to Coerce, Induce or Solicit Another Person to Participate in Criminal Street Gang or to Prevent Person from Leaving Gang 30,000 186.26(d) 3 years Soliciting, Recruiting, Coercing, or Threatening Minor to Participate in Criminal Street Gang Activity in Violation of PC 186.26(a), (b), or (c) 25,000 186.28(a) * 16-2 - 3 Supplying or Selling of Firearm for Use in Commission of Felony by Criminal Street Gang Member 25,000 (Misdemeanor 186.33(b)(1) 16-2 - 3 Failure to Register by Defendant Subsequently Convicted of Gang- Related Crime 187 Life - Death 25 Years to Life Murder - w/special Circumstance All Other Murders No Bail No Bail Page -6-
191.5 4-6 - 10 Vehicular Homicide (DUI w/gross Negligence) 125,000 192(a) 3-6 - 11 Manslaughter - Voluntary 125,000 192(b) 2-3 - 4 Manslaughter - Involuntary 25,000 192(c)(1) * 2-4 - 6 Manslaughter - Driving Vehicle w/gross Negligence (Misdemeanor 2 $25,000 192(c)(2) (a misdemeanor) Up To One Year Manslaughter $ 192(c)(3) * 16-2 - 4 Vehicular Homicide (DUI w/o Gross Negligence) (Misdemeanor ) $ 203 2-4 - 8 Mayhem 205 LIFE Aggravated Mayhem (Life) 1,000,000 206 LIFE Torture 1,000,000 207(a) 3-5 - 8 Kidnapping See 667.8(1) Kidnapping for Purpose of Felony Sexual Offense 1,000,000 207(b) 5-8 - 11 Kidnapping Victim under 14 2 207(c) 3-5 - 8 Kidnapping (Take out of State) 209(a) LIFE Kidnapping for Ransom or Extortion 1,000,000 209(b) LIFE Kidnapping for Robbery (Life) 1,000,000 209.5(a) LIFE Kidnapping During a Car jacking 1,000,000 Page -7-
210.5 3-5 - 8 False Imprisonment - Kidnap to Evade Arrest 211 See Next Column Robbery 212.5(a) - 1 st Degree - sentence range: 3-4 - 6 212.5(c) - 2 nd Degree - sentence range: 2-3 - 5 213(a)(1)(A) 3-6 - 9 Robbery of Inhabited Dwelling in Concert with 2 or More Persons 215(a) 3-5 - 9 Car jacking 217.1(a) 16-2 - 3 Assault on Government Official 219 LIFE Trainwrecking (Life) 1,000,000 219.1 See next column Throwing Rocks or Missiles at Common Carrier: Without Injury - sentence range: 16-2 - 3 With Injury - sentence range: 2-4 - 6 40,000 220 2-4 - 6 Assault with Intent to Commit Mayhem, Rape, Sodomy, Oral Copulation, or Any Violation of PC Sections 264.1, 288 or 289 Same as Substantive Crime 222 16-2 - 3 Administering Drugs to Aid Felony 236.1(a) 5-8 - 12 Human Trafficking 125,000 236.1(b) 8-14 - 20 Human Trafficking with the intent to effect or maintain 236.1(c)(1) 5-8 - 12 Human Trafficking attempts to induce a minor into a commercial sex act 200,000 125,000 Page -8-
236.1(c)(2) 15 - Life Human Trafficking attempts to induce a minor into a commercial sex act by force, fear, etc. 237(a) 16-2 - 3 False Imprisonment by Violence/Menace/Fraud/Deceit 237(b) 2-3 - 4 False Imprisonment of Elder or Dependent Adult by Violence/Menace/Fraud/Deceit 500,000 241(a) (a misdemeanor) Assault on a Peace Officer 5,000 241(b) (a misdemeanor) Assault on a Peace Officer 5,000 241.1 * 16-2 - 3 Assault upon Custodial Officer (Misdemeanor 242 (a misdemeanor) Battery 1,000 243(b) (a misdemeanor) Battery upon Peace Officer or Fireman 5,000 243(c)(1) * 16-2 - 3 Battery upon Peace Officer or Fireman (Misdemeanor 243(c)(2) * 16-2 - 3 Battery upon Peace Officer or Fireman with Serious Bodily Injury 25,000 (Misdemeanor ) $ 243(d) * 2-3 - 4 Battery with Great Bodily Injury 35,000 (Misdemeanor 1 $15,000 243(e)(1) (a misdemeanor) Battery Against Spouse/Cohabitant 15,000 $15,000 243.1 16-2 - 3 Battery upon Custodial Officer 243.4(a) * 243.4(b) 243.4(c) 243.(d)(1) 2-3 - 4 Sexual Battery (Misdemeanor $ $ $ Page -9-
243.4(e)(1) (a misdemeanor) Up To One Year Sexual Battery 5,000 244 2-3 - 4 Assault with Chemicals 244.5(b) * 244.5(c) * 16-2 - 3 2-3 - 4 Assault with Stun Gun or Taser Assault with Stun Gun or Taser on Police/Fireman (Misdemeanor (Misdemeanor 245(a)(1) * 2-3 - 4 Assault w/deadly Weapon 30,000 (Misdemeanor ) 245(a)(2) * 2-3 - 4 Assault with a Firearm (Misdemeanor ) $ $ 245(a)(3) 4-8 - 12 Assault with Machine Gun or Assault Weapon 245(a)(4) 4 8 12 Assault with Force Likely to Produce Great Bodily Injury 125,000 (Misdemeanor ) $ 245(b) 3-6 - 9 Assault with Semi-Auto Weapon 245(c) 3-4 - 5 Assault w/deadly Weapon or Force Likely to Produce GBI upon a Peace Officer or Fireman 245(d)(1) 4-6 - 8 Assault with a Firearm upon a Peace Officer or Fireman 245(d)(2) 5-7 - 9 Assault with a Semi-Auto Rifle upon a Peace Officer or Fireman 245(d)(3) 6-9 - 12 Assault w/machine Gun or Assault Weapon on Peace Officer/Firefighter 245.3 3-4 - 5 Assault w/deadly Weapon upon Custodial Officer 1 125,000 Page -10-
246 * 3-5 - 7 Shooting at Inhabited Dwelling, Building, Occupied Motor Vehicle 246.3 * 16-2 - 3 Discharge of Firearm in Grossly Negligent Manner 247(a) and 247(b) * 16-2 - 3 Discharging Firearm at Unoccupied Aircraft or Uninhabited Building, Dwelling or Vehicle 261(a)(3) 3-6 - 8 Rape of Victim Overcome by Intoxicant (Misdemeanor 1 15,000 (Misdemeanor (Misdemeanor $15,000 261(a)(4) 3-6 - 8 Rape of Victim Unconscious of Act 261(a)(5) 3-6 - 8 Rape by Victim s Belief That Rapist Is Spouse 261(a)(6) 3-6 - 8 Rape Accomplished Through Threat of Future Retaliation 261(a)(7) 3-6 - 8 Rape Accomplished by Threat of Use of Authority of Public Official to Incarcerate, Arrest or Deport Victim 261.5(c) 16-2 - 3 Unlawful Sexual Intercourse with Minor More than 3 Years Younger than Defendant 261.5(d) 2-3 - 4 Unlawful Sexual Intercourse with Minor under 16 by Defendant over 21 262(a)(1) 3-6 - 8 Rape of Spouse by Force, Violence, Duress, Menace, or Fear of Bodily Injury 262(a)(2) 3-6 - 8 Rape of Spouse Overcome by Intoxicant 5,000 262(a)(3) 3-6 - 8 Rape of Spouse Unconscious of Act Page -11-
262(a)(4) 3-6 - 8 Rape of Spouse Accomplished Through Threat of Future Retaliation 262(a)(5) 3-6 - 8 Rape of Spouse Accomplished by Threat of Use of Authority of Public Official to Incarcerate, Arrest, or Deport Victim 264.1 5-7 - 9 Rape in Concert with Force & Violence 2 266h 3-4 - 6 Pimping 40,000 266i 3-4 - 6 Pandering 40,000 266j 3-6 - 8 Transport Minor under Age 16 for Lewd & Lascivious Act/Cause Minor to Perform Act 60,000 267 * 16-2 - 3 Abduction of Minor for Prostitution 30,000 (Misdemeanor ) $ 271 16-2 - 3 Child Abandonment (Under Age 14) 271 (a misdemeanor) Up to One Year Child Abandonment (Under Age 14) 272(a)(1) (a misdemeanor) Up To One Year Contributing to Delinquency of Minor 2,500 273a(a) 2-4 - 6 Abusing or Endangering Health of Child 273a(b) (a misdemeanor) Abusing or Endangering Health of Child 30,000 273d(a) * 2-4 - 6 Child Beating 30,000 (Misdemeanor ) $ Page -12-
273d(b) 273.4 4 years Prior Conviction of Inflicting Traumatic Injury on Child with Current Conviction of Same Offense 1 year Felony Conviction of PC 273a(a) Involving Female Genital Mutilation 273.5 (a) (a felony) * 2-3 - 4 Corporal Injury of Spouse, Former Spouse, Cohabitant, or Former Cohabitant, or Mother or Father of His or Her Child 30,000 $15,000 273.5(a) (a misdemeanor) Spousal Abuse 15,000 $15,000 273.5(e)(1)* 2-4 - 5 Inflict Traumatic Injury on Spouse with Prior Conviction of Felony Domestic Violence Crime. 273.5(e)(2)* 2-3 - 4 Inflict Traumatic Injury on Spouse with Prior Conviction of Misdemeanor Domestic Violence Crime 273.55 * 2-4 - 5 Inflict Traumatic Injury on Spouse with Prior Conviction of Specified P.C. 240 273.65(d)* 16-2 - 3 Violation of Protective Order with Prior Domestic Violence Conviction 273.65(e)* 16-2 - 3 Violation of Protective Order with Prior Domestic Violence (Resulting in Injury) Conviction 273.6(a) * 16-2 - 3 Protective Order Violation Pursuant to Family Code and Code of Civil Procedure 273.6(d) * 16-2 - 3 Protective Order Violation with Prior Conviction w/in 7 Years (Misdemeanor 2 40,000 (Misdemeanor ) (Misdemeanor ) 15,000 (Misdemeanor 30,000 (Misdemeanor ) 15,000 (Misdemeanor ) 30,000 (Misdemeanor 1 $25,000 $ $ $ $ $15,000 Page -13-
273.6(e) * 16-2 - 3 Protective Order Violation with Prior Conviction and Same Victim & Physical Injury 40,000 (Misdemeanor ) $ 278 * 16-2 - 3 Child Stealing $ 278.5(a) * 16-2 - 3 Child Stealing in Violation of Custody Order (Misdemeanor ) $ 280(b) * 16-2 - 3 Child Concealment Outside of State (Misdemeanor ) $ 285 16-2 - 3 Incest 15,000 286 Sodomy 286(b)(1) 16-2 - 3 If Victim under 18 286(b)(2) 16-2 - 3 If Victim under 16 & Defendant over 21 286 (c) (1) (2) (3) 3-6 - 8 If Victim under 14 & Def. More than 10 Years Older than Victim 25,000 286(d) 5-7 - 9 If in Concert with Force & Violence 2 286(e) * 16-2 - 3 If Committed in Prison or Jail (Misdemeanor 286(f) 3-6 - 8 If Victim Unconscious of Nature of Act 286(g) 3-6 - 8 Victim Incompetent 286(h) * 16-2 - 3 Victim Incompetent, Both Confined for Mental Disorder (Misdemeanor 286(i) 3-6 - 8 Of Victim Overcome by Intoxicant 286(j) 3-6 - 8 By Victim s Belief That Accused Is Spouse Page -14-
286(k) 3-6 - 8 By Threat to Use Authority of Public Official 288(a) 3-6 - 8 Lewd Act with Child under 14 Years 288(b)(1) 3-6 - 8 Lewd Act with Child under 14 Years w/force 288(b)(2) 3-6 - 8 Lewd and Lascivious Act by Caretaker w/dependent Adult by Force, Violence, etc. 288(c)(1) * 1-2 - 3 Lewd and Lascivious Act w/child 14 or 15, Def. at Least 10 Yrs. Older 288(c)(2) * 1-2 - 3 Lewd and Lascivious Act by Caretaker w/dependent Adult 288.2(a) * 1-2 - 3 Harmful matter sent with intent of seduction of minor 288.2(a) * 1-2 - 3 Second or Subsequent Conviction of Section 288.2(b) * 16-2 - 3 Harmful matter sent with intent of seduction of minor by Electronic Mail/Internet 288.2(b) * 16-2 - 3 Second or Subsequent Conviction of Section 2 30,000 (Misdemeanor ) 30,000 (Misdemeanor ) 30,000 (Misdemeanor ) 30,000 (Misdemeanor ) 15,000 (Misdemeanor (Misdemeanor $ 288.3 Punishable by term prescribed for attempt to commit intended crime Arrangement to meet with minor for purposes of lewd conduct. 288.5 6-12 - 16 Continuous Sexual Abuse of Child 2 288a Oral Copulation Page -15-
288a(b)(1) * 16-2 - 3 If Victim under 18 15,000 (Misdemeanor 288a(b)(2) 16-2 - 3 If Victim under 16 & Def. Over 21 15,000 288a(c)(1) 3-6 - 8 If Victim under 14 & Def. More than 10 Years Older than Victim 288a(c)(2) 3-6 - 8 If Defendant Compelled Another to Participate by Force, Duress or Threats of G.B.I. 288a(c)(3) 3-6 - 8 By Threat of Retaliation 288a(d) 5-7 - 9 If in Concert with Force and Violence 2 288a(e) * 16-2 - 3 If Committed in S.P. or C.J. 15,000 (Misdemeanor 288a(f) 3-6 - 8 If Victim Unconscious of Nature of Act 288a(g) 3-6 - 8 If Victim Incompetent 288a(h) * 16-2 - 3 If Victim Incompetent, Both Confined for Mental Disorder 15,000 (Misdemeanor 7,500) $7,500 288a(i) 3-6 - 8 If Victim Overcome by Intoxicant 288a(j) 3-6 - 8 By Victim s Belief That Accused is Spouse 288a(k) 3-6 - 8 By Threat to Use Authority of Public Official 288.5(a) 6-12 - 16 Continuous Sexual Abuse of Child Under Age of 14 288.7 25 to Life Specified sex act with child 10 years old or younger 125,000 $1 Million Page -16-
289(a)(1) 3-6 - 8 Penetration by Foreign Object 289(a)(2) 3-6 - 8 Sexual Penetration w/foreign or Unknown Object by Threat of Retaliation 289(b) 3-6 - 8 Sexual Penetration w/foreign or Unknown Object, Victim Incompetent 289(c) * 16-2 - 3 Sexual Penetration w/foreign or Unknown Object, Victim Incompetent, Both Confined for Mental Disorder 289(d) 3-6 - 8 Sexual Penetration w/foreign or Unknown Object, Victim Unconscious 289(e) 3-6 - 8 Sexual Penetration w/foreign or Unknown Object, Victim Overcome by Intoxicant 289(f) 3-6 - 8 Sexual Penetration w/foreign or Unknown Object, by Victim s Belief That Accused Is Spouse 289(g) 3-6 - 8 Sexual Penetration w/foreign or Unknown Object, by Threat to Use Authority of Public Official 289(h) * 16-2 - 3 Sexual Penetration w/foreign or Unknown Object, Victim under 18 289(i) 16-2 - 3 Sexual Penetration w/foreign or Unknown Object, Victim under 16, Def over 21 289(j) 3-6 - 8 Sexual Penetration w/foreign or Unknown Object, Victim under 14, Def 10 Years Older 15,000 (Misdemeanor 15,000 (Misdemeanor 15,000 Page -17-
289.5(d) 2 years Commission of Designated Felony Sex Offense Committed after Fleeing to California to Avoid Prosecution for Sex Offense in Another State 25,000 289.6(a)(1) 16-2 - 3 Employee of Public Health Facility Engaging in Sexual Activity with Inmate with Prior Conviction 289.6(a)(2) * 16-2 - 3 Employee of Public Detention Facility Engaging in Sexual Activity (as defined in PC 289.6(d)(1)-(4)) with Inmate 289.6(a)(2) * 16-2 - 3 Employee of Public Detention Facility Engaging in Sexual Activity (as defined in PC 289.6(d)(1)-(5)) with Inmate with Prior Conviction 289.6(a)(3) * 16-2 - 3 Employee of Youth and Adult Correctional Agency Engaging in Sexual Activity (as defined in PC 289.6(d)(1)-(4)) with Inmate 289.6(a)(3) * 16-2 - 3 Employee of Youth and Adult Correctional Agency Engaging in Sexual Activity (as defined in PC 289.6(d)(1)-(5)) with Inmate with Prior Conviction 290(g)(2) 16-2 - 3 Failure to Register by Person Convicted of Felony Sex Offense or Juvenile Adjudication with Prior Conviction 290(g)(3) 16-2 - 3 Failure to Register by Designated Mentally Disordered Sex Offender with Prior Conviction (Misdemeanor (Misdemeanor (Misdemeanor (Misdemeanor (Misdemeanor 30,000 Page -18-
290(g)(3) 16-2 - 3 Failure to Register by Designated Mentally Disordered Sex Offender Including Person Who Had Petition Sustained In Juvenile Adjudication for Sex Offense but Found NGI with Prior Conviction 290(g)(5) 16-2 - 3 Failure to Register by Sexually Violent Predator 290.011 16 2 3 Registration of Transients convicted of sex offenses 311.1(a) * 16-2 - 3 Sale or Distribution of Obscene Material Depicting Minors 311.2(d) * 16-2 - 3 Sale or Distribution of Obscene Material Depicting Minor under 17 to Minor under 18 311.3 16-2 - 3 Sexual Exploitation of Minor under 18 with Prior Conviction 311.4(b) 3-6 - 8 Involving Minor under 18 in Obscene Film or Performance 311.4(c) 16-2 - 3 Involving Minor under Age 18 in Posing or Modeling Involving Sexual Conduct 311.9(a) 16-2 - 3 Violation of PC 311.2(a), (c), (d), or 311.5 with Prior Conviction of PC 313.1 311.9(b) 16-2 - 3 Violation of PC 311.4 with Prior Conviction of PC 311.3 or 311.4 311.10 * 2-3 - 4 Advertising Obscene Material Depicting Minor under 18 30,000 (Misdemeanor 1 15,000 (Misdemeanor 15,000 (Misdemeanor 15,000 (Misdemeanor 30,000 60,000 15,000 30,000 15,000 30,000 (Misdemeanor Page -19-
311.11(b) 2-4 - 6 Possession of Matter Depicting Sexual Conduct of Child under 18 with Prior Conviction 40,000 314 (a misdemeanor) Up To Six Months Indecent Exposure 5,000 314(1) 16-2 - 3 Indecent Exposure w/prior Conviction of PC 288 or 314(1) 15,000 337a * 16-2 - 3 Bookmaking 5,000 347(a) 2-4 - 5 Willful Contamination of Food/Drink/Medicine, etc. 30,000 347(a) 3 years Using Poison or Harmful Substance That May Cause Death or Does Cause Great Bodily Injury 30,000 347(b) * 16-2 - 3 Falsely Reporting Contamination of Food/Drink/Medicine, etc. 367f * 3-4 - 5 Sale of Human Organs for Transplantation 367g 3-4 - 5 Unauthorized Use or Implantation of Sperm, Ova, or Embryos in Assisted Reproduction Technology 368(b)(1) * 2-3 - 4 Willful Causing of Pain to or Suffering of Dependent Adult 30,000 (Misdemeanor 30,000 30,000 (Misdemeanor ) $ 368(b)(2) 368(b)(3) 3 or 5 years Elder or Dependent Adult Abuse Resulting in Great Bodily Injury 5 or 7 years Elder or Dependent Adult Abuse Resulting in Death Page -20-
368(c) (a misdemeanor) Up To One Year Elder Abuse - Physical 5,000 368(d) * 2-3 - 4 Theft or Embezzlement over 400 of Dependent Adult 368(e) * 2-3 - 4 Theft or Embezzlement over 400 by Caretaker of Dependent Adult 374.2(d) * 16-20 - 2 Malicious Discharge of Harmful Materials into Public Sewer with Prior Conviction 374.8 * 16-2 - 3 Unauthorized Deposit of Hazardous Substances 375(d) 16-2 - 3 Release Harmful Substance in Public Place Which May Result in Serious Illness or Permanent Injury 399(a) 16-2 - 3 Allowing Vicious Animals at Large Resulting in Death 399.5(a) * 2-3 - 4 Failure of Owner to Exercise Ordinary Care with Dog that Bites Person 15,000 (Misdemeanor (Misdemeanor (Misdemeanor (Misdemeanor 15,000 30,000 (Misdemeanor 401 16-2 - 3 Aid/Abet Suicide 403 (a misdemeanor) Up To Six Months 404 (a misdemeanor) Up To One Year 404.6 (a misdemeanor) Up To One Year 406 (a misdemeanor) Up To Six Months Disturbing an Assembly 2,500 Riot 5,000 Incitement to Riot 5,000 Rout 2,500 Page -21-
404.6(c) * 16-2 - 3 Inciting Riot in State Prison or County Jail Resulting in Serious Bodily Injury (Misdemeanor ) 405b 2-3 - 4 Lynching 30,000 417(a)(1) (a misdemeanor) Up To Six Months Threatening with Weapons Not a Firearm 5,000 417(c) * 16-2 - 3 Draw/Exhibit Firearm in a Threatening Manner in Presence of Police 417.3 16-2 - 3 Draw/Exhibit Firearm to Person in Motor Vehicle 417.6 * 16-2 - 3 Inflict Serious Bodily Injury During Violation of 417/ 417.1/ 417.8 417.8 2-3 - 4 Draw/Exhibit Deadly Weapon with Intent to Resist Arrest 15,000 (Misdemeanor 7,500) 15,000 15,000 (Misdemeanor ) 25,000 $ 422 * 16-2 - 3 Terrorist Threats of G.B.I. or Death 30,000 (Misdemeanor ) $ 422.7 16-2 - 3 Hate Crime 25,000 422.75(b) 422.75(c) 422.75(e) 1-2 - 3 Committing Felony Against Property of Public or Private Institution Because Property Associated with a Person or Group of Identifiable Race, Color, Religion, Nationality, Ancestry, Gender, Disability, or Sexual Orientation 2-3 - 4 Acting in Concert with Another/Aiding or Abetting Felony Hate Crime 1 year Prior Conviction of Felony Hate Crime with Current Conviction of Felony Hate Crime 25,000 Page -22-
424 2-3 - 4 Embezzlement or Falsification of Accounts by Public Officers 451(a) 5-8 - 9 Arson Causing G.B.I. 451(b) 3-5 - 8 Arson, Inhabited Structure 75,000 451(c) 2-4 - 6 Arson, Structure or Forest Land 40,000 451(d) 16-2 - 3 Arson, Other Property 451.1 3-4 - 5 Conviction of Arson under PC 451 and Designated Circumstance (PC 451.1(a)(1)-(5)) Found True 452(a) * 2-4 - 6 Recklessly Causing Fire with G.B.I. 40,000 (Misdemeanor 1 $15,000 452(b) * 2-3 - 4 Recklessly Causing Fire, Inhabited Structure 452(c) * 16-2 - 3 Recklessly Causing Fire, Structure or Forest Land 30,000 (Misdemeanor 1 (Misdemeanor $15,000 452.1 3-4 - 5 Felony Conviction of Unlawfully Causing of Fire under PC 452 and Designated Circumstance (PC 452.1(a)(1)-(4)) Found True 75,000 453(a) * 16-2 - 3 Explosives, Flammable Matter, Possession 15,000 (Misdemeanor 454(a) 3-5 - 7 Arson During State of Emergency 459 see next column Burglary - Residential: sentence range: 2-4 - 6 Burglary - All Others: * sentence range: 16-2 - 3 40,000 $2,500 Page -23-
463(a) * 16-2 - 3 Burglary Second Degree During Emergency Resulting from Earthquake, Flood, Fire, Riot, or Other Natural or Manmade Disaster 463(b) * 16-2 - 3 Grand Theft, Except Grand Theft of Firearm, During Emergency Resulting from Earthquake, Flood, Fire, Riot, or Other Natural or Unnatural Disaster (Misdemeanor (Misdemeanor $2,500 $2,500 464 3-5 - 7 Burglary with Explosives 470 * 16-2 - 3 Forgery, Intent; Documents of Value; Counterfeiting Seal; Uttering; Falsification of Records 470a 16-2 - 3 Forgery or Counterfeiting Driver s License or I.D. Card 470b * 16-2 - 3 Displaying or Possessing Forged Driver s License or I.D. Card w/intent to Accomplish a Forgery 471 * 16-2 - 3 Forgery, False Entries in Records Returns 472 * 16-2 - 3 Forgery or Counterfeiting or Seals; Possession and Concealment 474 * 16-2 - 3 Sending False/Forged Message by Phone/Telegraph w/fraud Intent 475(a); 475(b); 475(c) *; *; * 16-2 - 3 Forged Bills or Notes, Possession or Receipt 5,000 (Misdemeanor 5,000 5,000 (Misdemeanor 5,000 (Misdemeanor 5,000 (Misdemeanor 5,000 (Misdemeanor 5,000 (Misdemeanor 476 * 16-2 - 3 Fictitious Checks, Making, Uttering 5,000 (Misdemeanor 476a 16-2 - 3 Checks N.S.F. 5,000 Page -24-
478, 479, & 480 2-3 - 4 Counterfeiting of Coin 483.5(d) * 16-2 - 3 Manufacture, Sale, or Transport of Deceptive Identification Document for Fraudulent Use 5,000 (Misdemeanor 484, 488 (a misdemeanor) Petty Theft 1,000 484b * 16-2 - 3 Theft, Diversion of Money Received for Services, Labor Material, etc. - If Amount Diverted Exceeds 1,000 484c 16-2 - 3 Embezzlement of Funds for Construction 484e(d) * 16-2 - 3 Possession of Access Card Information with the Intent to Defraud (Misdemeanor 5,000 (Misdemeanor 484f(a) 16-2 - 3 Forgery of Access Card 5,000 484f(b) 16-2 - 3 Forgery of Signature on Access Card 5,000 484g * 16-2 - 3 Credit Card Obtained in Violation of PC 484(e) or Forged Card; Used for Obtaining Anything of Value (If Value of Goods, etc., Received Exceeds 400 in Consecutive 6 Month Period) 484h(a) * 16-2 - 3 Credit Card, Fraudulent - Merchant Furnishing Goods w/knowledge (If Payment Received Exceeds 400 in Consecutive 6 Month Period) 484h(b) 16-2 - 3 Credit Card Issuer - Merchant Fraudulently Receiving Payment (If Payment Received for Goods etc., Not Furnished Goods Exceeds 400 in Consecutive 6 Month Period) 5,000 (Misdemeanor (Misdemeanor Page -25-
484i(b) 16-2 - 3 Credit Card Equipment, Possession w/o Consent of Issuer 5,000 487(a) * 16-2 - 3 Grand Theft (over 400) 5,000 (Misdemeanor 487(b)(1) * 16-2 - 3 Grand Theft (fruit, vegetables) 5,000 (Misdemeanor 487(c) * 16-2 - 3 Grand Theft from Person 487(d) 16-2 - 3 Grand Theft Auto or Firearm 496(a) * 16-2 - 3 Receiving Stolen Property If Value More than 400 496(d) * 16-2 - 3 Receiving Stolen Vehicle, Trailer, or Vessel 5,000 (Misdemeanor (Misdemeanor 497 * 16-2 - 3 Stolen Property, Bringing into State 5,000 (Misdemeanor 499(a) * 16-2 - 3 Joyriding with One Prior Conviction of PC 487(d) or VC 10851 5,000 (Misdemeanor 499c * 16-2 - 3 Theft of Trade Secrets 5,000 (Misdemeanor 499d * 16-2 - 3 Theft of Aircraft (Misdemeanor 502(d)(1) * 16-2 - 3 Malicious Alteration/Destruction of Computer Program/Data 502.7(g) * 16-2 - 3 Theft of Telephone or Telegraph Services with Prior Conviction Within 5 Years (Misdemeanor (Misdemeanor Page -26-
502.8(c) 16-2 - 3 Possession or Use of Illegal Telecommunications Equipment with Intent to Avoid Charge for Service with Prior Conviction 502.8(d) * 16-2 - 3 Possession of Illegal Telecommunications Equipment with Intent to Sell and Avoid Charge for Service (Misdemeanor 503 * 16-2 - 3 Embezzlement (Misdemeanor 504 * 16-2 - 3 Embezzlement, Misappropriation by Public Officers 504a * 16-2 - 3 Embezzlement, Disposal of Personal Property under Lease or Lien 504b * 16-2 - 3 Embezzlement of Proceeds of Sale of Secured Property (Misdemeanor (Misdemeanor (Misdemeanor 505 * 16-2 - 3 Embezzlement by Bailee (Misdemeanor 506 * 16-2 - 3 Embezzlement, Misappropriation by Trustee, Contractor (Misdemeanor 514 16-2 - 3 Embezzlement of Public Funds 518; 520 16-2 - 3 Extortion 522 2-3 - 4 Extortion, Obtaining Signature by Threats 523 2-3 - 4 Extortion, Threatening Letters 529 * 16-2 - 3 False Personation of Another 5,000 (Misdemeanor Page -27-
530 * 16-2 - 3 Receiving Money/Property in Assumed Character 530.5 * 16-2 - 3 Using Personal Identifying Information of Another to Obtain Credit, Goods, Services, or Medical Information 532(a) * 16-2 - 3 Obtaining Money/Credit by False Pretenses 5,000 (Misdemeanor (Misdemeanor 5,000 (Misdemeanor 532a(4) * 16-2 - 3 Making False Financial Statement (Misdemeanor 534 16-2 - 3 Spouse Selling Land/Property by False Pretense 537(a)(2) * 16-2 - 3 Defrauding Innkeeper of More than 400 537e(a)(3) * 16-2 - 3 Purchase/Possess/Sell Integrated Circuit with Removed/Altered ID/Serial No. More than 400 538.5 * 16-2 - 3 Fraudulent Use of Wire, Radio, or TV Transmissions 5,000 (Misdemeanor 5,000 (Misdemeanor (Misdemeanor 548(a) 2-3 - 5 Defrauding Insurer (Or Amount Taken, Whichever Is Greater) 549 * 16-2 - 3 Soliciting Fraudulent Insurance Claims (Misdemeanor 550(c)(1) 2-3 - 4 Filing Fraudulent or Multiple Insurance Claims Page -28-
551(d) * 16-2 - 3 Offering Consideration for Referrals to Auto Repair Dealer or Contractor with Prior Conviction 5,000 (Misdemeanor 594(b)(1) * 16-2 - 3 Vandalism of 400 or More 5,000 (Misdemeanor $2,500 594.3(a) 16-2 - 3 Church Vandalism or Cemetery 594.3(b) 16-2 - 3 Vandalism of Place of Worship or Cemetery Committed for Purpose of Deterring Free Exercise of Religious Beliefs 594.35 * 16-2 - 3 Vandalism of Mortuary; Disturbing or Obstructing Funeral Service 594.4(a) * 16-2 - 3 Defacing, Damaging, or Contaminating Property with Noxious or Caustic Chemical or Substance (Misdemeanor (Misdemeanor 597(a) * 16-2 - 3 Cruelty to Animals (Misdemeanor 600(a) * 16-2 - 3 Inflicting Serious Injury on Police Horse or Dog 601(a)(1) * 16-2 - 3 Trespass Consisting of Credible Threat to Cause Serious Bodily Injury and Unlawful Entry onto Property Within 30 Days of the Threat (Misdemeanor (Misdemeanor 625b(b) * 16-2 - 3 Tampering with Aircraft (Misdemeanor 625c 16-2 - 3 Tampering with Transit Vehicle with Intent to Cause GBI Page -29-
626.9(b) 2-3 - 5 Bring/Possess Firearm in School/College Grounds 626.9(d) * 3-5 - 7 Discharging or Attempted Discharge of Firearm with Reckless Disregard of Safety of Others on or Within 1,000 Feet of School Grounds 626.9(h) 2-3 - 4 Bring/Possess Loaded Firearm on Public or Private College Grounds 626.10(a) * 16-2 - 3 Bring/Possess Weapon (not Firearm) on Public School Grounds 626.10(b) * 16-2 - 3 Bring/Possess Weapon (not Firearm) on Public/Private School Grounds 626.95 * 1-2 - 3 Possessing Firearm on Grounds of Playground or Youth Center 25,000 (Misdemeanor 1 25,000 (Misdemeanor (Misdemeanor (Misdemeanor 629.84 * 16-2 - 3 Violation of Wiretapping Laws 5,000 631(a) * 16-2 - 3 Wiretapping 5,000 632(a) * 16-2 - 3 Eavesdropping or Recording Confidential Communication 632.5(a) * 16-2 - 3 Unlawful Interception of Cellular Radio Telephone Communication 632.6(a) * 16-2 - 3 Unlawful Interception of Cordless Telephone Communication 632.7(a) * 16-2 - 3 Unlawful Interception of and Recordation of Cellular Radio or Cordless Telephone Communication 636(a) 16-2 - 3 Electronic Eavesdropping on Privileged Conversation 5,000 5,000 5,000 5,000 Page -30-
636(b) * 16-2 - 3 Non-Electronic Eavesdropping on Privileged Conversation 646.9(a) * 16-2 - 3 Stalking (Misdemeanor 1 $ 646.9(b) 2-3 - 4 Stalking in Violation of Temporary Restraining Order 646.9(c) * 2-3 - 5 Stalking with Prior Conviction for Stalking Same Victim Within 7 Years 647.6(b) * 16-2 - 3 Child Molestation after Entering Inhabited Dwelling Without Consent 1 (Misdemeanor 1 15,000 (Misdemeanor ) $15,000 $ 647.6(c)(1) 2-4 - 6 Child Molestation - 2 nd Conviction 647.6(c)(2) 2-4 - 6 Child Molestation - Prior Conviction Was 288 PC or 311.4 Involving Minor under Age of 14 1 653f(a) * 16-2 - 3 Solicit Specific Criminal Acts (Misdemeanor 653f(b) 3-6 - 9 Solicit Murder 653f(c) 2-3 - 4 Solicit Sexual Acts 653j(a) 3-5 - 7 Solicitation of Minor to Commit Certain Felonies 664 Attempt Same as Substantive Crime Charged 664(1) Completed Crime Punishable by S.P. Same as Substantive Offense 664/187 5-7 - 9 Attempted Murder 1,000,000 Page -31-
666 Petty Theft with Prior Conviction for Petty Theft on Which Time Was Served 5,000 667(a) 667.5(a) 667.5(b) 667.51(a) 667.6(a) 667.6(b) 667.8(a) 667.8(b) 667.85 667.9(a) 5 years Prior Conviction of Serious Felony with Current Conviction of Serious Felony 3 years Prior Prison Term for Violent Felony with Current Conviction of Violent Felony 1 year Prior Prison Term for Felony with Current Conviction of Felony 5 years Prior Conviction of Sex Offense with Current Conviction of PC 288 (Lewd Acts with Child) 5 years Prior Conviction of Serious Sex Offense with Current Conviction of Serious Sex Offense 10 years Two or More Prior Prison Terms for Serious Sex Offense with Current Conviction of Serious Sex Offense 9 years Kidnapping Victim for Purpose of Committing Sex Offense 15 years Kidnapping Child -Victim for Purpose of Committing Sex Offense 5 years Kidnapping to Permanently Deprive Parent of Custody of Child 1 year Committing Certain Offenses Against Disabled, Elderly, or Child Victim 30,000 1 Page -32-
667.9(b) 667.10 667.15(a) 667.15(b) 2 years Prior Conviction of Certain Offenses Committed Against Disabled, Elderly, or Child Victim with Current Conviction of Those Offenses 2 years Prior Conviction of PC 289 with Current Conviction of Same Offense Committed Against Disabled, Elderly, or Child Victim 1 year Showing Child Pornography to Minor Prior to or During Commission of Lewd Act on the Minor in Violation of PC 288 2 years Showing Child Pornography to Minor Prior to or During Commission of Sexual Conduct with That Minor in Violation of PC 288.5 25,000 836.6(a) 2-3 - 4 Escape after Being Lawfully Arrested or Remanded to Custody Causing Serious Bodily Injury to Police Officer 1170.12 FIRST STRIKE ENHANCEMENT SECOND STRIKE ENHANCEMENT THIRD STRIKE ENHANCEMENT 25,000 (additional bail) (additional bail) 2 (additional bail) Page -33-
1320(b) * 16-2 - 3 Willful Failure to Appear Felony Hearing, When Released on OR 1320.5 * 16-2 - 3 Willful Failure to Appear Felony Hearing, When Released on Bail (Misdemeanor (Misdemeanor 1370.5(a) * 1 yr & 1 day Escape from Mental Health Facility (Misdemeanor 1554.3 Bail After Extradition Add on top of the bail that is set 4131.5 * 16-2 - 3 Battery on Non-Inmate by County Jail Prisoner (Misdemeanor 4133 * 16-2 - 3 Escape from Industrial Farm (Misdemeanor 4501 2-4 - 6 Assault with Deadly Weapon by Prison Inmate 4501.5 2-3 - 4 Battery on Non-Inmate by Prison Inmate 40,000 25,000 4502(a) 2-3 - 4 Prisoner Possessing Deadly Weapon 25,000 4503 3-5 - 7 Holding of Hostages by Prison Inmate 4530(a) 2-4 - 6 Escape, Attempted Escape from Prison with Force or Violence 4530(b) 16-2 - 3 Escape, Attempted Escape from Prison Without Force or Violence 4532(a) * 16-2 - 3 Escape, Attempted Escape by Misdemeanant, Inebriate, or Person on Work Furlough from Jail, Industrial Farm, Etc. Convicted No Bail Not Convicted (Plus Bail Amount on Original Charge) Page -34-
4532(b) * 16-2 - 3 Escape, Attempted Escape by Felon from Jail, Industrial Farm, Etc. 4532(d) * 1 yr & 1 day Failure of Misdemeanant to Return to Jail Subsequent to Temporary Release 4532(d) * 16-2 - 3 Failure of Felon to Return to Jail Subsequent to Temporary Release 4573 2-3 - 4 Smuggling Drugs/Drug Device/Alcohol into Prison / Jail 4573.5 16-2 - 3 Bringing Drugs/Paraphernalia into Prison/Jail 4573.6 2-3 - 4 Possessing Controlled Substances/Drug Device Where Prisoners Are Kept 4573.8 16-2 - 3 Possessing Drugs/Drug Device/Alcohol Where Prisoners Are Kept 4573.9 2-4 - 6 Sale of Controlled Substances to Prisoner 4574(a) 2-3 - 4 Bring/Send Firearms/Deadly Weapons/Explosives into Prison Convicted - No Bail Not Convicted - No Bail 5,000 (Misdemeanor 40,000 4574(b) 2-3 - 4 Smuggling Tear Gas into Prison or Jail 4600(a) 16-2 - 3 Destruction of Prison or Jail, Damage Exceeds 400 11411(c) * 16-2 - 3 Cross-Burning on Private Property of Another or School Property for Purpose of Terrorizing Property Owner, Student, or School Employee (Misdemeanor 11412 16-2 - 3 Religious Terrorism Page -35-
11413(a) 3-5 - 7 Use of Explosives in Terrorism of Specified Places 11418(a) 4-8 - 12 Possession, Production, or Transfer of Weapons of Mass Destruction 11418(a) 5-11 - 15 Possession, Production, or Transfer of Weapons of Mass Destruction with Designated PC 11418(b)(2) 5-8 - 12 Use of Weapon of Mass Destruction to Damage and Disrupt Water or Food Supply 11418(b)(3) 4-8 - 12 Use of Weapon of Mass Destruction to Cause Substantial Loss in the Value of Stock Animals or Crops 11418(c) 3-4 - 6 Use of Weapon of Mass Destruction to Damage Public Natural Resources 11418(d) 4-8 - 12 Use of Recombinant Technology to Create New Pathogens for Destructive Purposes 11418.5 * 3-4 - 6 Threat of Use of Weapon of Mass Destruction Resulting in Isolation, Quarantine, or Decontamination 11419 4-8 - 12 Possession of Restricted Biological Agents 125,000 2 2 2 2 (Misdemeanor 30,000) 500,000 12021.1 16-2 - 3 Possession of Firearms by Felon Convicted of Violent Crimes Page -36-
FIRST STRIKE ENHANCEMENT SECOND STRIKE ENHANCEMENT 25,000 (additional bail) (additional bail) THIRD STRIKE ENHANCEMENT 12021.5(a) 12021.5(b) 2-3 - 4 Carrying Firearm While Committing Street Gang Crime 2-3 - 4 Carrying Firearm Together with Detachable Magazine While Committing Street Gang Crime 2 (additional bail) 25,000 25,000 12022(a)(1) 1 year Being Armed with a Firearm 12022(a)(2) 3 years Being Armed with an Assault Weapon or Machine Gun 12022(b)(1) 1 year Personally Using Deadly Weapon 12022(b)(2) 12022(c) 12022(d) 1-2 - 3 Personally Using Deadly Weapon in the Commission of Car jacking or Attempted Car jacking 3-4 - 5 Being Personally Armed with a Firearm While Committing Drug Offenses 1-2 - 3 Being a Principal, Knowing Another Principal Is Personally Armed with a Firearm, is a Principal in the Commission of an Offense or Attempted Offense 25,000 30,000 Page -37-
12022.1 12022.2(a) 12022.2(b) 12022.3(a) 12022.3(b) 12022.4 2 years Committing Felony Offenses While Released on Bail or Own Recognizance 3-4 - 10 Being Armed with a Firearm and Possessing Metal-Piercing Ammunition 1-2 - 5 Wearing Bulletproof Body Vest in the Commission of Violent Felony 3-4 - 10 Using Firearm or Deadly Weapon in Commission of Violent Felony 1-2 - 5 Being Armed with a Firearm or Deadly Weapon in Commission of Sex Offense 1-2 - 3 Supplying Firearm for Commission of Felony 12022.5(a)(1) 3-4 - 10 Personally Using Firearm 12022.5(a)(2) 12022.5(b)(1) 12022.5(b)(2) 12022.53(b) 12022.53(c) 3-4 - 10 Personally Using Firearm in the Commission of Carjacking or Attempted Carjacking 5-6 - 10 Discharging Firearm at Occupied Vehicle Causing Great Bodily Injury or Death 5-6 - 10 Personally Using Assault Weapon or Machine Gun 10 years Personally Using Firearm While Committing Felony Designated in PC 12022.53(a) 20 years Discharging Firearm While Committing Felony Designated in PC 12022.53(a) Page -38-1
Offense Description Presumptive Bail 12022.53(d) 12022.55 12022.6(a)(1) 12022.6(a)(2) 12022.6(a)(3) 12022.6(a)(4) 25 years to Life Discharging Firearm Causing GBI or Death While Committing Designated Felony 5-6 - 10 Discharging Firearm from Vehicle Causing Great Bodily Injury or Death 1 year Taking of or Damage to Property over 2 years Taking of or Damage to Property over 1 3 years Taking of or Damage to Property over 1,000,000 4 years Taking of or Damage to Property over 2,500,000 2 30,000 12022.7(a) 3 years Personally Inflicting GBI 30,000 12022.7(b) 12022.7(c) 12022.7(d) 12022.7(e) 12022.75 12022.8 5 years Personally Inflicting GBI Resulting in Comatose Brain Injury or Permanent Paralysis of Victim 5 years Personally Inflicting GBI on Victim 70 Years of Age or Older 4-5 - 6 Personally Inflicting GBI on Child under 5 Years of Age 3-4 - 5 Personally Inflicting GBI During Commission of Domestic Violence Offense 3 years Administering Controlled Substance Against Victim s Will 5 years Inflicting GBI in Commission of Sex Offense Page -39-30,000
12022.85 12022.9(a) 12022.95 3 years Committing Sex Offense Knowing Defendant Carries Aids Virus 5 years Personally Inflicting Injury Causing Termination of Pregnancy 4 years Willful Cruelty to Child Resulting in Death 30,000 14166 * 16-2 - 3 Money Laundering (Misdemeanor 18710 * 16-2 - 3 Possession of destructive device 30,000 (Misdemeanor 5,000 18715 2-4 - 6 Possession of Destructive Devices or Explosives in Public Places 18720 2-3 - 4 Possession of Materials with Intent to Make Destructive Device or Explosive 18725 2-4 - 6 Carrying or placing Explosive on Common Carrier 18730 2-3 - 4 Sale or Transportation of Destructive Device 18740 3-5 - 7 Possession of Exploding or Destructive Device or Explosive w/intent to Injure 18750 5-7 - 9 Unlawful Explosion Causing Bodily Injury 30,000 75,000 19100 * 2-3 - 4 Concealed Explosive or Ammunition (Misdemeanor ) 19200(a) * 16-2 - 3 Metal military practice/metal replica hand grenade, manufacture, sale, possession Page -40-
20310 * 16-2 - 3 Air gauge knife, manufacture, sale, possession 20410 * 16-2 - 3 Belt buckle knife, manufacture, sale, possession 20510 * 16-2 - 3 Cane sword, manufacture, sale, possession 20610 * 16-2 - 3 Lipstick case knife, manufacture, sale, possession 20710 * 16-2 - 3 Shobi-zue, manufacture, sale, possession 20910 * 16-2 - 3 Writing pen knife, manufacture, sale, possession 21110 * 16-2 - 3 Ballistic knife, manufacture, sale, possession 21310 * 16-2 - 3 Concealed Dirk or Dagger (Misdemeanor 21810 * 16-2 - 3 Metal knuckles, manufacture, sale, possession 22010 * 16-2 - 3 Nunchaku, manufacture, sale, possession 22210 * 16-2 - 3 Leaded cane, billy, blackjack, slingshot, sand club, sap, sandbag, manufacture, sale, possession 22410 * 16-2 - 3 Shuriken, manufacture, sale, possession 22810(a) * 16-2 - 3 Using tear gas other than in selfdefense (Misdemeanor Page -41-
22810(g) * 16-2 - 3 Using tear gas against Peace Officer 25,000 23900 16-2 - 3 Altering or Effacing Identifying Marks on Firearm 24310 * 16-2 - 3 Camouflaging firearm container, manufacture, sale, possession 24410 * 16-2 - 3 Cane gun, manufacture, sale, possession 24510 * 16-2 - 3 Firearm not immediately recognizable as a firearm, manufacture, sale, possession 24610 * 16-2 - 3 Undetectable firearm, manufacture, sale, possession 24710 * 16-2 - 3 Wallet gun, manufacture, sale, possession 25400(a)(1) * 16-2 - 3 Concealed Weapon on Person or in Vehicle w/o License with Prior Felony Conviction or Prior Violation of Deadly Weapons Act 25400(b) 16-2 - 3 Concealed Weapon on Person with Prior Conviction of Crimes Against Person, Property, or Involving Drugs 25850(a)(1)(A) 16-2 - 3 Carrying Loaded Firearm on Person or in Vehicle with Prior Felony Conviction 25850(a)(1)(B) 16-2 - 3 Carrying Loaded Firearm on Person or in Vehicle When Firearm is Stolen and Defendant Knew or Has Reasonable Cause to Believe that it Was Stolen 30,000 (Misdemeanor ) 30,000 30,000 Page -42-
25850(a)(1)(C) 16-2 - 3 Carrying Loaded Firearm on Person or in Vehicle and Defendant is an Active Participant in Criminal Street Gang 25850(a)(1)(E) * 16-2 - 3 Carrying Loaded Firearm on Person or in Vehicle with Prior Conviction of a Narcotics Offense or an Offense Against Person or Property 25850(a)(1)(F) * 16-2 - 3 Carrying Loaded Firearm on Person or in Vehicle and Defendant Not Registered Owner 26100(b) * 16-2 - 3 Permitting Another to Discharge Firearm from Motor Vehicle 26100(c) 3-5 - 7 Personally Shooting from Motor Vehicle 26100(d) 16-2 - 3 Discharging Firearm from Motor Vehicle 26180(b) 16-2 - 3 False Application for License to Carry a Concealed Weapon 30,000 (Misdemeanor ) 30,000 (Misdemeanor (Misdemeanor ) 75,000 (Misdemeanor ) 5,000 5,000 5,000 27590 1-2 - 3 Unlawful Firearm Transaction in Violation of PC 12072(a)(2) or (b) and Firearm Used in Subsequent Commission of a Felony for Which a Conviction Is Obtained and Imposed 29800 * 16-2 - 3 Purchasing/receiving Firearm when subject to Domestic Violence Restraining Order 29900 16-2 - 3 Possession of Firearms by Felon Convicted of Violent Crimes 30,000 (Misdemeanor 1 75,000 15,000 Page -43-
FIRST STRIKE ENHANCEMENT SECOND STRIKE ENHANCEMENT 25,000 (additional bail) (additional bail) THIRD STRIKE ENHANCEMENT 29900(a) 16-2 - 3 Concealable Firearms, Ownership or Possession by Felon, Addict 30210(a) * 16-2 - 3 Flechette dart, manufacture, sale, possession 30210(b) * 16-2 - 3 Bullet with explosive agent, manufacture, sale, possession 30305(a) * 16-2 - 3 Possession of Ammunition or Reloaded Ammunition by Felon or Mental Patient 30600(a)(1) 4-6 - 8 Manufacture, Transport, or Sale of Assault Weapon 2 (additional bail) (Misdemeanor ) 60,000 30,000 30600(a)(2) 1 year Selling or Giving Assault Weapon to a Minor 30605 * 16-2 - 3 Possession of Assault Weapon (Misdemeanor 5,000 31360 16-2 - 3 Unauthorized possession of Body Armor by Person Convicted of Violent Felony 25,000 31500 * 16-2 - 3 Unconventional pistol 32310 * 16-2 - 3 Manufactures, Imports, Sells Large Capacity Ammunition 32625 16-2 - 3 Possession or Transport of Machine Gun (Misdemeanor ) 25,000 Page -44-
32625(b) * 4-6 - 8 Conversion, Sale, or Manufacture of Machine Gun 32900 * 16-2 - 3 Multiburst trigger activator, manufacture, sale, possession 33215 * 16-2 - 3 Short-barreled rifle, short-barreled shotgun, manufacture, sale, possession 60,000 30,000 33410 * 16-2 - 3 Possession of Firearm Silencer 25,000 (Misdemeanor 33600 * 16-2 - 3 Zip gun, manufacture, sale, possession Business and Professions Code Section Offense Presumptive Bail Misdemeanor VOP 729 * 16-2 - 3 Sexual Exploitation by Physician, Psychotherapist, or Alcohol and Drug Abuse Counselor Involving Two or More Victims 1282.3 * 16-2 - 3 Improper Collection, Storage, or Labeling of Biological Specimen with Willful or Wanton Disregard for Safety 1282.3 2-4 - 6 Improper Collection, Storage, or Labeling of Biological Specimen with Willful or Wanton Disregard for Safety with Prior Conviction 2053 * 16-2 - 3 Practice Medicine Without License/Certificate (Misdemeanor (Misdemeanor 40,000 (Misdemeanor 4324(a) * 16-2 - 3 Forgery of Prescription (Misdemeanor $2,500 7027.3 * 16-2 - 3 Fraudulent Use of Contractor s License Number (Misdemeanor Page -45-