Penal Code Section 1192.7(c)

Note that for the purposes of 3-strikes, the list of "serious felonies" on 1192.7(c) as of June 30, 1993 is supposed to be used and this list was taken from the California Penal Code in July of 1999 (and modified with a publication in 1996).

(c) As used in this section, "serious felony" means any of the

following:

   (1) Murder or voluntary manslaughter.

   (2) Mayhem.

   (3) Rape.

   (4) Sodomy by force, violence, duress, menace, threat of great

bodily injury, or fear of immediate and unlawful bodily injury on the

victim or another person.

   (5) Oral copulation by force, violence, duress, menace, threat of

great bodily injury, or fear of immediate and unlawful bodily injury

on the victim or another person.

   (6) Lewd or lascivious act on a child under the age of 14 years.

   (7) Any felony punishable by death or imprisonment in the state

prison for life.

   (8) Any felony in which the defendant personally inflicts great

bodily injury on any person, other than an accomplice, or any felony

in which the defendant personally uses a firearm.

   (9) Attempted murder.

   (10) Assault with intent to commit rape, mayhem, sodomy, oral

copulation, or robbery.

   (11) Assault with a deadly weapon or instrument on a peace

officer.

   (12) Assault by a life prisoner on a non-inmate.

   (13) Assault with a deadly weapon by an inmate.

   (14) Arson.

   (15) Exploding a destructive device or any explosive with intent

to injure.

   (16) Exploding a destructive device or any explosive causing great

bodily injury or mayhem.

   (17) Exploding a destructive device or any explosive with intent

to murder.

   (18) Burglary of an inhabited dwelling house,  vessel, as defined

in the Harbors and Navigation Code, which is inhabited and designed

for habitation, floating home, as defined in subdivision (d) of

Section 18075.55 of the Health and Safety Code, trailer coach, as

defined by the Vehicle Code, or the inhabited portion of any other

building.

   (19) Robbery or bank robbery.

   (20) Kidnapping.

   (21) Holding of a hostage by a person confined in a state prison.

   (22) Attempt to commit a felony punishable by death or

imprisonment in the state prison for life.

   (23) Any felony in which the defendant personally used a dangerous

or deadly weapon.

   (24) Selling, furnishing, administering, giving, or offering to

sell, furnish, administer, or give to a minor any heroin, cocaine,

phencyclidine (PCP), or any methamphetamine-related drug, as

described in paragraph (2) of subdivision (d) of Section 11055 of the

Health and Safety Code, or any of the precursors of

methamphetamines, as described in subparagraph (A) of paragraph (1)

of subdivision (f) of Section 11055 or subdivision (a) of Section

11100 of the Health and Safety Code.

   (25) Any violation of subdivision (a) of Section 289 where the act

is accomplished against the victim's will by force, violence,

duress, menace, or fear of immediate and unlawful bodily injury on

the victim or another person.

   (26) Grand theft involving a firearm.

   (27) Carjacking; any attempt to commit a crime listed in this subdivision

other than an assault. (Enacted after June 30, 1993--so not part of initial 3-strikes law).

   (38) Any conspiracy to commit an offense described in paragraph

(24) as it applies to Section 11370.4 of the Health and Safety Code

where the defendant conspirator was substantially involved in the

planning, direction, or financing of the underlying offense.  (Enacted after June 30, 1993--so not part of initial 3-strikes law).


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Date last modified: 7/9/99.