Pen. Code, § 667.9 · Title 16. GENERAL PROVISIONS
Pen. Code, § 667.9
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) A person who commits one or more of the crimes specified in subdivision (c) against a person who is 65 years of age or older, or against a person who is blind, deaf, developmentally disabled, a paraplegic, or a quadriplegic, or against a person who is under 14 years of age, and that disability or condition is known or reasonably should be known to the person committing the crime, shall receive a one-year enhancement for each violation.
(b) A person who commits a violation of subdivision (a) and who has a prior conviction for any of the offenses specified in subdivision (c), shall receive a two-year enhancement for each violation in addition to the sentence provided under Section 667.
(c) Subdivisions (a) and (b) apply to the following crimes:
(1) Mayhem, in violation of Section 203 or 205.
(2) Kidnapping, in violation of Section 207, 209, or 209.5.
(3) Robbery, in violation of Section 211.
(4) Carjacking, in violation of Section 215.
(5) Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261.
(6) Rape, in violation of paragraph (1) or (4) of subdivision (a) of former Section 262.
(7) Rape or sexual penetration in concert, in violation of Section 264.1.
(8) Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 286.
(9) Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 287 or of former Section 288a.
(10) Sexual penetration, in violation of subdivision (a) of Section 289.
(11) Burglary of the first degree, as defined in Section 460, in violation of Section 459.
(d) As used in this section, “developmentally disabled” means a severe, chronic disability of a person, which is all of the following:
(1) Attributable to a mental or physical impairment or a combination of mental and physical impairments.
(2) Likely to continue indefinitely.
(3) Results in substantial functional limitation in three or more of the following areas of life activity:
(A) Self-care.
(B) Receptive and expressive language.
(C) Learning.
(D) Mobility.
(E) Self-direction.
(F) Capacity for independent living.
(G) Economic self-sufficiency.
Notes and commentary — not statutory text
History
Amended by Stats. 2021, Ch. 626, Sec. 34. (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=667.9.
- Text hash
- sha256 b2c6df6da5086b0929f7ae5c86800d0ff86855f1a4b46d7f42ff47149b720efd
- 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, § 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, § 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, § 289Printed as Section 289
- Pen. Code, § 459Printed as Section 459
- Pen. Code, § 460Printed as Section 460
- Pen. Code, § 667Printed as Section 667
Cited by 3 provisions
Provisions in this library whose text cites Pen. Code, § 667.9. Each shows the citation as that text prints it.
Penal Code
- Pen. Code, § 667.10Printed as Section 667.9
- 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, § 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
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.