Pen. Code, § 12022.75 · Title 2. SENTENCE ENHANCEMENTS
Pen. Code, § 12022.75
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) Except as provided in subdivision (b), any person who, for the purpose of committing a felony, administers by injection, inhalation, ingestion, or any other means, any controlled substance listed in Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code, against the victim’s will by means of force, violence, or fear of immediate and unlawful bodily injury to the victim or another person, shall, in addition and consecutive to the penalty provided for the felony or attempted felony of which he or she has been convicted, be punished by an additional term of three years.
(b) (1) Any person who, in the commission or attempted commission of any offense specified in paragraph (2), administers any controlled substance listed in Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code to the victim shall be punished by an additional and consecutive term of imprisonment in the state prison for five years.
(2) This subdivision shall apply to the following offenses:
(A) Rape, in violation of paragraph (3) or (4) of subdivision (a) of Section 261.
(B) Sodomy, in violation of subdivision (f) or (i) of Section 286.
(C) Oral copulation, in violation of subdivision (f) or (i) of Section 287 or of former Section 288a.
(D) Sexual penetration, in violation of subdivision (d) or (e) of Section 289.
(E) Any offense specified in subdivision (c) of Section 667.61.
Notes and commentary — not statutory text
History
Amended by Stats. 2018, Ch. 423, Sec. 115. (SB 1494) Effective January 1, 2019. Note: Section 12022.75 was amended on Nov. 7, 2006, by initiative Prop. 83.
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=12022.75.
- Text hash
- sha256 4b22d8b52b1c1ba39228e572dfffc2cedf16af846646cbe4153162d8fa8f2af9
- 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, § 11054Printed as Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code
- Health & Saf. Code, § 11055Printed as Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code
- Health & Saf. Code, § 11056Printed as Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code
- Health & Saf. Code, § 11057Printed as Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code
- Health & Saf. Code, § 11058Printed as Section 11054, 11055, 11056, 11057, or 11058 of the Health and Safety Code
Cited by 2 provisions
Provisions in this library whose text cites Pen. Code, § 12022.75. Each shows the citation as that text prints it.
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