Section 667.9 Of Title 16. General Provisions From California Penal Code >> Title 16. >> Part 1.
667.9
. (a) Any 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 the age of 14 years, 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) Any 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) Spousal rape, in violation of paragraph (1) or (4) of
subdivision (a) of Section 262.
(7) Rape, spousal 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 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.