Sex Crimes that Are a 3rd Strike (PC 1192.7 and PC 667.5)

In 2012, California voters passed Proposition 36, which changed the prior “three strikes law” in California. Prior to Proposition 36, if you were convicted of any felony after two prior “strike convictions,” you would face 25 years to life in state prison.

Under the new legislation, you can only be sentenced to 25 years to life if you are convicted of a violent or serious felony for your third strike. California Penal Code section 1192.7(c) states what crimes constitute serious felonies and California Penal Code section 667.5 states what crimes constitute violent felonies.

What sex crimes are considered violent or serious felonies?

According to California Penal Code section 1192.7(c), the following sex crimes are considered serious felonies:

1. Rape;
2. Sodomy that was committed by force, violence, duress, menace, threat, or fear of great bodily injury on the victim or another person;
3. Oral copulation that was committed by force, violence, duress, menace, threat, or fear of great bodily injury on the victim or another person;
4. Lewd or lascivious act on a child under 14 years of age;
5. Assault with intent to commit rape;
6. Any act of penetration, described under California Penal Code section 289, where the act is accomplished by force, violence, duress, menace, threat, or fear of great bodily injury on the victim or another person;
7. Assault with intent to commit rape, sodomy, or oral copulation;
8. Any rape or sexual penetration committed in concert with another; and
9. Continuous sexual abuse of a child.

Some crimes that are considered serious felonies are also considered violent felonies. According to California Penal Code section 667.5, the following sex crimes are considered violent felonies:

1. Rape;
2. Sodomy;
3. Oral copulation committed on a minor;
4. Lewd or lascivious acts on a minor;
5. Any sexual penetration in violation of California Penal Code section 289;
6. Continuous sexual abuse of a child;
7. Rape, spousal rape, or sexual penetration in concert with another person; and
8. Assault with intent to commit rape, sodomy, or oral copulation.

Sentencing and Punishment for a Third Strike Sex Crime

If you are convicted of a violent or serious sex crime and you have two prior strikes on your criminal record, you face a sentence of 25 years to life in state prison.

However, if you have two strikes and are convicted of a third crime that is not a violent or serious felony, you can only be sentenced to a second strike sentence, which is double the length of the usual sentence for the current offense.

Wallin & Klarich Can Help

If you have been charged with any violent or serious felony sex offense, it is vital that you contact an experienced sex crimes criminal defense attorney. For over 30 years, Wallin & Klarich has been helping clients defend accusations of sex crimes. We understand that a conviction for any sex offense, especially a violent or serious felony sex crime that constitutes a third strike, can have extremely negative consequences. We will help you present the best possible defense in your case and will fight for your freedom. Our offices are located in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina, Victorville, Torrance and Sherman Oaks.

Call Wallin & Klarich today at (877) 466-5245. We will be there when you call.