Pen. Code, § 1170.82 · Article 1. Initial Sentencing
Pen. Code, § 1170.82
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
Upon a conviction of a violation of Section 11352, 11360, 11379, or 11379.5 of the Health and Safety Code, the fact that the person who committed the offense knew, or reasonably should have known, that any of the following circumstances existed with regard to the person to whom he or she unlawfully sold, furnished, administered, or gave away a controlled substance, shall be a circumstance in aggravation of the crime in imposing a term pursuant to subdivision (b) of Section 1170:
(a) The person was pregnant at the time of the selling, furnishing, administering, or giving away of the controlled substance.
(b) The person had been previously convicted of a violent felony, as defined in subdivision (c) of Section 667.5.
(c) The person was in psychological treatment for a mental disorder or for substance abuse at the time of the selling, furnishing, administering, or giving away of the controlled substance.
Notes and commentary — not statutory text
History
Added by Stats. 1994, Ch. 352, Sec. 1. Effective January 1, 1995.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=1170.82.
- Text hash
- sha256 2e3a91179da68c2d784f317458ccfd09d6b32637ee70ed0a7e9761de4661ed5d
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Health and Safety Code
- Health & Saf. Code, § 11352Printed as Section 11352, 11360, 11379, or 11379.5 of the Health and Safety Code
- Health & Saf. Code, § 11360Printed as Section 11352, 11360, 11379, or 11379.5 of the Health and Safety Code
- Health & Saf. Code, § 11379Printed as Section 11352, 11360, 11379, or 11379.5 of the Health and Safety Code
- Health & Saf. Code, § 11379.5Printed as Section 11352, 11360, 11379, or 11379.5 of the Health and Safety Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.