Section 11379.7 Of Article 5. Offenses Involving Controlled Substances Formerly Classified As Restricted Dangerous Drugs From California Health And Safety Code >> Division 10. >> Chapter 6. >> Article 5.
11379.7
. (a) Except as provided in subdivision (b), any person
convicted of a violation of subdivision (a) of Section 11379.6 or
Section 11383, or of an attempt to violate subdivision (a) of Section
11379.6 or Section 11383, as those sections relate to
methamphetamine or phencyclidine, when the commission or attempted
commission of the crime occurs in a structure where any child under
16 years of age is present, shall, in addition and consecutive to the
punishment prescribed for the felony of which he or she has been
convicted, be punished by an additional term of two years in the
state prison.
(b) Any person convicted of a violation of subdivision (a) of
Section 11379.6 or Section 11383, or of an attempt to violate
subdivision (a) of Section 11379.6 or Section 11383, as those
sections relate to methamphetamine or phencyclidine, where the
commission of the crime causes any child under 16 years of age to
suffer great bodily injury, shall, in addition and consecutive to the
punishment prescribed for the felony of which he or she has been
convicted, be punished by an additional term of five years in the
state prison.
(c) As used in this section, "structure" means any house,
apartment building, shop, warehouse, barn, building, vessel, railroad
car, cargo container, motor vehicle, housecar, trailer, trailer
coach, camper, mine, floating home, or other enclosed structure
capable of holding a child and manufacturing equipment.
(d) As used in this section, "great bodily injury" has the same
meaning as defined in Section 12022.7 of the Penal Code.