Pen. Code, § 1170.89 · Article 1. Initial Sentencing
Pen. Code, § 1170.89
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
Where there is an applicable triad for an enhancement related to the possession of, being armed with, use of, or furnishing or supplying a firearm, set forth in Section 12021.5, 12022, 12022.2, 12022.3, 12022.4, 12022.5, or 12022.55 the fact that a person knew or had reason to believe that a firearm was stolen shall constitute a circumstance in aggravation of the enhancement justifying imposition of the upper term on that enhancement.
Notes and commentary — not statutory text
History
Amended by Stats. 2005, Ch. 279, Sec. 11. Effective January 1, 2006.
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=1170.89.
- Text hash
- sha256 4cc103becad4a9f2ddb83f900bc9c4493df030483870ebcb144dd126a6271c20
- 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.
Penal Code
- Pen. Code, § 12021.5Printed as Section 12021.5, 12022, 12022.2, 12022.3, 12022.4, 12022.5, or 12022.55
- Pen. Code, § 12022Printed as Section 12021.5, 12022, 12022.2, 12022.3, 12022.4, 12022.5, or 12022.55
- Pen. Code, § 12022.2Printed as Section 12021.5, 12022, 12022.2, 12022.3, 12022.4, 12022.5, or 12022.55
- Pen. Code, § 12022.3Printed as Section 12021.5, 12022, 12022.2, 12022.3, 12022.4, 12022.5, or 12022.55
- Pen. Code, § 12022.4Printed as Section 12021.5, 12022, 12022.2, 12022.3, 12022.4, 12022.5, or 12022.55
- Pen. Code, § 12022.5Printed as Section 12021.5, 12022, 12022.2, 12022.3, 12022.4, 12022.5, or 12022.55
- Pen. Code, § 12022.55Printed as Section 12021.5, 12022, 12022.2, 12022.3, 12022.4, 12022.5, or 12022.55
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.