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Penal Code 12022.3 PC | Use of a Firearm in Commission of a Sex Crime

 

Penal Code 12022.3 PC – Use of a Firearm in Commission of a Sex Crime

What’s up! This article will explain California’s sentencing enhancement for using a firearm during certain sex offenses under Penal Code 12022.3 PC. We’ll break it down in simple terms, looking at how it works, penalties, recent changes, defenses, and more. No fancy legal talk here!

What is Penal Code 12022.3 PC?

Penal Code 12022.3 PC adds extra prison time if you use a gun while committing certain sex crimes [1]. Here’s how it works:

  • You commit a qualifying sex offense like rape, sodomy, etc.
  • You use a firearm during that sex offense
  • PC 12022.3 adds 3, 4, or 10 years to your sentence

Even just displaying or brandishing the weapon is enough for this enhancement to apply.

What Sex Crimes Does This Enhancement Apply To?

The firearm enhancement applies to sex offenses like [2]:

  • Rape
  • Sodomy
  • Oral copulation
  • Sexual penetration
  • Lewd acts with a minor

Attempts to commit these crimes also qualify if a gun is involved.

Penalties Under Penal Code 12022.3 PC

If convicted under PC 12022.3, you face extra prison time [3]:

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  • 3, 4, or 10 years for using a firearm
  • 5, 6, or 10 years for just being armed with a firearm

This is added to your sentence for the sex offense conviction. The enhancement also counts as a strike.

Recent Changes to California Firearm Laws

Some recent changes affecting PC 12022.3 include [4]:

  • Restrictions on ghost guns, assault weapon parts, and .50 BMG rifles
  • Increased penalties for firearms violations near schools and government buildings

An attorney can advise you on the latest firearm laws affecting sentencing.

Legal Defenses Against PC 12022.3

There are defenses that could defeat the enhancement [1]:

  • You did not commit a qualifying sex offense
  • You did not use or possess a real firearm
  • Someone else possessed the firearm without your knowledge

An experienced criminal defense lawyer may be able to argue against this enhancement at your sentencing hearing.

Related California Sentencing Enhancements

Other firearm enhancements carrying additional penalties include:

  • PC 12022 – Being armed with a firearm during a felony
  • PC 12022.5 – Personal use of a firearm during a felony
  • PC 12022.53 – Discharging a firearm and causing injury or death

A skilled attorney can challenge any applicable sentencing enhancements in your case.

Recent Case Examples

Here are some examples of PC 12022.3 cases:

  • People v. Clark – Clark got 4 years added to his rape sentence for threatening the victim with a gun.
  • People v. Miller – Miller avoided the enhancement because the gun was possessed by his accomplice without his knowledge.

Fighting PC 12022.3 Firearm Enhancements

If facing a PC 12022.3 enhancement, make sure to:

  • Hire an experienced criminal defense attorney
  • Follow their advice about plea bargains or trial
  • Challenge any weak evidence about your firearm use
  • Ask your lawyer to argue for striking the enhancement

With an attorney’s help, you may be able to avoid the severe penalties of California’s firearm enhancement. Don’t leave your future to chance – get skilled legal help right away.

 

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