Pen. Code, § 12022.53 · Title 2. SENTENCE ENHANCEMENTS
Pen. Code, § 12022.53
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) This section applies to the following felonies:
(1) Section 187 (murder).
(2) Section 203 or 205 (mayhem).
(3) Section 207, 209, or 209.5 (kidnapping).
(4) Section 211 (robbery).
(5) Section 215 (carjacking).
(6) Section 220 (assault with intent to commit a specified felony).
(7) Subdivision (d) of Section 245 (assault with a firearm on a peace officer or firefighter).
(8) Section 261 or former Section 262 (rape).
(9) Section 264.1 (rape or sexual penetration in concert).
(10) Section 286 (sodomy).
(11) Section 287 or former Section 288a (oral copulation).
(12) Section 288 or 288.5 (lewd act on a child).
(13) Section 289 (sexual penetration).
(14) Section 4500 (assault by a life prisoner).
(15) Section 4501 (assault by a prisoner).
(16) Section 4503 (holding a hostage by a prisoner).
(17) Any felony punishable by death or imprisonment in the state prison for life.
(18) Any attempt to commit a crime listed in this subdivision other than an assault.
(b) Notwithstanding any other law, a person who, in the commission of a felony specified in subdivision (a), personally uses a firearm, shall be punished by an additional and consecutive term of imprisonment in the state prison for 10 years. The firearm need not be operable or loaded for this enhancement to apply.
(c) Notwithstanding any other law, a person who, in the commission of a felony specified in subdivision (a), personally and intentionally discharges a firearm, shall be punished by an additional and consecutive term of imprisonment in the state prison for 20 years.
(d) Notwithstanding any other law, a person who, in the commission of a felony specified in subdivision (a), Section 246, or subdivision (c) or (d) of Section 26100, personally and intentionally discharges a firearm and proximately causes great bodily injury, as defined in Section 12022.7, or death, to a person other than an accomplice, shall be punished by an additional and consecutive term of imprisonment in the state prison for 25 years to life.
(e) (1) The enhancements provided in this section shall apply to any person who is a principal in the commission of an offense if both of the following are pled and proved:
(A) The person violated subdivision (b) of Section 186.22.
(B) Any principal in the offense committed any act specified in subdivision (b), (c), or (d).
(2) An enhancement for participation in a criminal street gang pursuant to Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1 shall not be imposed on a person in addition to an enhancement imposed pursuant to this subdivision, unless the person personally used or personally discharged a firearm in the commission of the offense.
(f) Only one additional term of imprisonment under this section shall be imposed per person for each crime. If more than one enhancement per person is found true under this section, the court shall impose upon that person the enhancement that provides the longest term of imprisonment. An enhancement involving a firearm specified in Section 12021.5, 12022, 12022.3, 12022.4, 12022.5, or 12022.55 shall not be imposed on a person in addition to an enhancement imposed pursuant to this section. An enhancement for great bodily injury as defined in Section 12022.7, 12022.8, or 12022.9 shall not be imposed on a person in addition to an enhancement imposed pursuant to subdivision (d).
(g) Notwithstanding any other law, probation shall not be granted to, nor shall the execution or imposition of sentence be suspended for, a person found to come within the provisions of this section.
(h) The court may, in the interest of justice pursuant to Section 1385 and at the time of sentencing, strike or dismiss an enhancement otherwise required to be imposed by this section. The authority provided by this subdivision applies to any resentencing that may occur pursuant to any other law.
(i) The total amount of credits awarded pursuant to Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3 or pursuant to Section 4019 or any other law shall not exceed 15 percent of the total term of imprisonment imposed on a defendant upon whom a sentence is imposed pursuant to this section.
(j) For the penalties in this section to apply, the existence of any fact required under subdivision (b), (c), or (d) shall be alleged in the accusatory pleading and either admitted by the defendant in open court or found to be true by the trier of fact. When an enhancement specified in this section has been admitted or found to be true, the court shall impose punishment for that enhancement pursuant to this section rather than imposing punishment authorized under any other law, unless another enhancement provides for a greater penalty or a longer term of imprisonment.
(k) When a person is found to have used or discharged a firearm in the commission of an offense that includes an allegation pursuant to this section and the firearm is owned by that person, a coparticipant, or a coconspirator, the court shall order that the firearm be deemed a nuisance and disposed of in the manner provided in Sections 18000 and 18005.
(l) The enhancements specified in this section shall not apply to the lawful use or discharge of a firearm by a public officer, as provided in Section 196, or by any person in lawful self-defense, lawful defense of another, or lawful defense of property, as provided in Sections 197, 198, and 198.5.
Notes and commentary — not statutory text
History
Amended by Stats. 2021, Ch. 626, Sec. 65. (AB 1171) Effective January 1, 2022.
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=12022.53.
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- 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, pt. 1, tit. 7, ch. 11Street Terrorism Enforcement and Prevention ActPrinted as Chapter 11 (commencing with Section 186.20) of Title 7 of Part 1
- Pen. Code, § 186.22Printed as Section 186.22
- Pen. Code, § 187Printed as Section 187
- Pen. Code, § 196Printed as Section 196
- Pen. Code, § 197Printed as Sections 197, 198, and 198.5
- Pen. Code, § 198Printed as Sections 197, 198, and 198.5
- Pen. Code, § 198.5Printed as Sections 197, 198, and 198.5
- Pen. Code, § 203Printed as Section 203 or 205
- Pen. Code, § 205Printed as Section 203 or 205
- Pen. Code, § 207Printed as Section 207, 209, or 209.5
- Pen. Code, § 209Printed as Section 207, 209, or 209.5
- Pen. Code, § 209.5Printed as Section 207, 209, or 209.5
- Pen. Code, § 211Printed as Section 211
- Pen. Code, § 215Printed as Section 215
- Pen. Code, § 220Printed as Section 220
- Pen. Code, § 245Printed as Section 245
- Pen. Code, § 246Printed as Section 246
- Pen. Code, § 261Printed as Section 261
- Pen. Code, § 264.1Printed as Section 264.1
- Pen. Code, § 286Printed as Section 286
- Pen. Code, § 287Printed as Section 287
- Pen. Code, § 288Printed as Section 288 or 288.5
- Pen. Code, § 288.5Printed as Section 288 or 288.5
- Pen. Code, § 289Printed as Section 289
- Pen. Code, § 1385Printed as Section 1385
- Pen. Code, pt. 3, tit. 1, ch. 7, art. 2.5Credit on Term of ImprisonmentPrinted as Article 2.5 (commencing with Section 2930) of Chapter 7 of Title 1 of Part 3
- Pen. Code, § 4019Printed as Section 4019
- Pen. Code, § 4500Printed as Section 4500
- Pen. Code, § 4501Printed as Section 4501
- Pen. Code, § 4503Printed as Section 4503
- Pen. Code, § 12021.5Printed as Section 12021.5, 12022, 12022.3, 12022.4, 12022.5, or 12022.55
- Pen. Code, § 12022Printed as Section 12021.5, 12022, 12022.3, 12022.4, 12022.5, or 12022.55
- Pen. Code, § 12022.3Printed as Section 12021.5, 12022, 12022.3, 12022.4, 12022.5, or 12022.55
- Pen. Code, § 12022.4Printed as Section 12021.5, 12022, 12022.3, 12022.4, 12022.5, or 12022.55
- Pen. Code, § 12022.5Printed as Section 12021.5, 12022, 12022.3, 12022.4, 12022.5, or 12022.55
- Pen. Code, § 12022.55Printed as Section 12021.5, 12022, 12022.3, 12022.4, 12022.5, or 12022.55
- Pen. Code, § 12022.7Printed as Section 12022.7 | Section 12022.7, 12022.8, or 12022.9
- Pen. Code, § 12022.8Printed as Section 12022.7, 12022.8, or 12022.9
- Pen. Code, § 12022.9Printed as Section 12022.7, 12022.8, or 12022.9
- Pen. Code, § 18000Printed as Sections 18000 and 18005
- Pen. Code, § 18005Printed as Sections 18000 and 18005
- Pen. Code, § 26100Printed as Section 26100
Cited by 15 provisions
Provisions in this library whose text cites Pen. Code, § 12022.53. Each shows the citation as that text prints it.
Penal Code
- Pen. Code, § 422.75Printed as Section 12022.5, 12022.53, or 12022.55
- Pen. Code, § 667.5Printed as Section 12022.53
- Pen. Code, § 667.61Printed as Section 12022, 12022.3, 12022.5, or 12022.53 | Section 12022.53, 12022.7, or 12022.8
- Pen. Code, § 667.7Printed as Section 12022.53 or 12022.7
- Pen. Code, § 1170.11Printed as Sections 593a, 600, 667.8, 667.85, 667.9, 667.10, 667.15, 667.16, 667.17, 674, 675, 12021.5, 12022, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53, 12022.55, 12022.6, 12022.7, 12022.75, 12022.8, 12022.8
- Pen. Code, § 1174.4Printed as Section 12022.5, 12022.53, or 12022.55 | Section 12022.53, 12022.7, or 12022.9
- Pen. Code, § 1192.7Printed as Section 12022.53
- Pen. Code, § 1269bPrinted as Section 667.5, 667.51, 667.6, 667.8, 667.85, 667.9, 667.10, 12022, 12022.1, 12022.2, 12022.3, 12022.4, 12022.5, 12022.53, 12022.6, 12022.7, 12022.8, or 12022.9 of this code
- Pen. Code, § 2933.5Printed as Section 12022.53 or 12022.7
- Pen. Code, § 2962Printed as Section 12022.5, 12022.53, or 12022.55
- Pen. Code, § 3003Printed as Section 12022.53, 12022.7, or 12022.9
- Pen. Code, § 3057Printed as Section 12022, 12022.5, 12022.53, 12022.7, 12022.8, or 25400
Welfare and Institutions Code
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