Vote NO On Prop 57: List of Fake Non-Violent Crimes Part 1

Vote 2016The term “non-violent felony offense” is not defined in the initiative, or elsewhere in California law. However, Penal Code section 667.5(c) defines a limited number of felonies as “violent” for purposes of sentencing only. These are the worst of the worst kind of crimes, and is a list of only 23 offenses. The Governor has said any felony not included in this list of “violent felonies” would be a “non-violent felony” for purposes of his initiative. These are the criminals the Governor proposes to let out of prison years, or decades before the sentence given by the judge.
 
Voters may imagine that “non-violent felonies” are limited to low-level crimes like drug possession or auto burglary. But in California there are numerous dangerous felonies that are referred to by the Governor as “not violent,” but which are, in fact, violent in nature.
 
The following crimes are not technically considered “violent,” so therefore, qualify as “non-serious, non-violent offense” eligible for early release in the Governor’s initiative. Crimes with an asterisk (*) appear more than once in the categories below.
 
Crimes Involving Acts of Violence:

  • Assault by Means of Force Likely to Produce Great Bodily Injury (Pen. Code § 245(a)(4))
  • Assault with a Deadly Weapon (Pen. Code § 245(a)(1))*
  • Taking a Hostage (Pen. Code § 210.5)
  • Any Felony in Which a Defendant Personally Uses a Dangerous or Deadly Weapon, or Personally Uses a Firearm, or Personally Inflicts Great Bodily Injury (Pen. Code § 667/1192.7)*
  • Hit & Run Resulting in Death or Permanent, Serious Injury (Pen. Code § 20001(b)(2))
  • Domestic Violence Resulting in a Traumatic Condition (Pen. Code § 273.5)*
  • False Imprisonment by Violence, Menace, Fraud, or Deceit (Pen. Code §§ 236-237)
  • Using Force or Violence Upon a Witness or Victim Because of Assistance Provided to a Law Enforcement Officer or Prosecutor (Pen. Code § 140)*
  • Soliciting Another Person to Commit Murder (Pen. Code § 653f(b))
  • Resisting a Peace Officer and Proximately Causing Death or Serious Bodily Injury to the Officer (Pen. Code § 148.10)*
  • Peace Officer Beating or Assaulting a Person Without Lawful Necessity (Pen. Code § 149)
  • Supplying, Selling, or Giving a Firearm to a Person to Commit a Gang Crime, and the Person Commits the Gang Crime and is Convicted of It (Pen. Code § 186.28)*
  • Assault with a Stun Gun or Less Lethal Weapon (Pen. Code § 244.5)
  • Corporal Punishment or Injury on a Child Resulting in a Traumatic Condition (Pen. Code § 273d)*
  • False Imprisonment of an Elder or Dependent Adult by Violence, Menace, Fraud, or Deceit (Pen. Code § 368(f))*
  • Hate Crime Causing Physical Injury, Property Damage Over $950, or Where the Defendant Has a Prior Conviction for a Hate Crime (Pen. Code § 422.7)*
  • Soliciting Another Person to Commit a Specified Crime Such as Carjacking, Robbery, Burglary, Kidnapping, Arson, Grand Theft, Perjury, Extortion, or Assault With a Deadly Weapon (Pen. Code § 653f(a))
  • Inflicting Physical Pain or Mental Suffering on an Elder or Dependent Adult; Or, a Caretaker Endangering the Health of an Elder or Dependent Adult (Pen. Code § 368(b)(1))*
  • Unlawfully Causing a Fire that Causes Great Bodily Injury (Pen. Code § 452(a))*
  • Driving Under the Influence of Alcohol and/or Drugs and Causing Bodily Injury (Veh. Code § 23153)*
  • Conspiracy to Commit Any Serious or Violent Felony (Pen. Code § 182)
  • Involuntary Manslaughter with Personal Use of a Weapon, or Personal Infliction of Great Bodily Injury (i.e., death) (Pen. Code § 192(c))*
  • Vehicular Manslaughter with Personal Infliction of Great Bodily Injury (i.e., death) (Pen. Code § 192(c))
  • Vehicular Manslaughter While Intoxicated with Personal Infliction of Great Bodily Injury (i.e., death) (Pen. Code § 191.5(b))*

Sexual Assault Related Crimes

  • Rape of a Person Incapable of Giving Legal Consent (Pen. Code § 261(a)(1))
  • Rape By an Intoxicating, Anesthetic, or Controlled Substance (Pen. Code § 261(a)(3))
  • Rape of an Unconscious Person (Pen. Code § 261(a)(4))
  • Sexual Penetration of an Unconscious Person (Pen. Code § 289(d))
  • Sexual Penetration By an Intoxicating, Anesthetic, or Controlled Substance (Pen. Code § 289(e))
  • Sexual Battery By Unlawful Restraint (Pen. Code § 243.4(a))
  • Sexual Battery of a Disabled or Medically Incapacitated Person (Pen. Code § 243.4(b))
  • Sexual Battery on an Unconscious Person (Pen. Code § 243.4(c))
  • Sodomy on an Unconscious Person (Pen. Code § 286(f))
  • Sodomy on a Person Incapable of Giving Legal Consent (Pen Code § 286(g))
  • Sodomy By Intoxicating, Anesthetic, or Controlled Substance (Pen. Code § 286(i))
  • Oral Copulation on an Unconscious Person (Pen. Code § 288a(f))
  • Oral Copulation on a Person Incapable of Giving Legal Consent (Pen. Code § 288a(g))
  • Oral Copulation By an Intoxicating, Anesthetic, or Controlled Substance (Pen. Code § 288a(i))
  • Soliciting Another Person to Commit a Forcible Sex Crime (Pen. Code § 653f(c))

Crimes Against Children

  • Abandonment of a Child Under Age 14 (Pen. Code § 271)
  • Failing to Provide for a Child Under Age 14 (Pen. Code § 271a)
  • Corporal Punishment or Injury on a Child Resulting in a Traumatic Condition (Pen. Code § 273d)*
  • Child Abduction By a Person Not Having a Right to Custody (Pen. Code § 277)
  • Child Abduction to Deprive a Lawful Custodian of a Right to Custody (Pen. Code § 278)
  • Transporting or Providing a Child Under Age 16 For the Purpose of a Lewd Act (Pen. Code § 266j)*
  • Abduction of a Minor For the Purpose of Prostitution (Pen. Code § 267)*
  • Physical Child Abuse/Endangering the Health of a Child (Pen. Code § 273a(a))
  • Sodomy With a Minor Under Age 18; Or a Person Over Age 21 Participating in an Act of Sodomy With a Minor Under Age 16 (Pen. Code § 286(b))
  • Lewd or Lascivious Act on Child Age 14 or 15 Where the Perpetrator is at Least 10 Years Older (Pen. Code § 288(c)(1))
  • Contacting a Minor With Intent to Commit to a Specified Offense Such as Kidnapping, Sexual Assault, Physical Abuse, or Distribution of Obscene Matter (Pen. Code § 288.3)
  • Arranging a Meeting With a Minor For Lewd Purposes, Where the Defendant Has a Prior Conviction for an Offense Requiring Registration as a Sex Offender; Or, Arranging a Meeting With a Minor for Lewd Purposes and Actually Going to the Meeting Place at the Arranged Time (Pen. Code § 288.4)
  • Oral Copulation With a Minor Under Age 18; Or a Person Over Age 21 Participating in an Act of Oral Copulation With a Minor Under Age 16 (Pen. Code § 288a(b))
  • Employing or Using a Minor, or a Parent Permitting a Minor, to Pose or Model or Produce Matter Involving Sexual Conduct by the Minor Alone or With Other Persons or Animals, for Commercial Purposes (Pen. Code § 311.4(b))
  • Soliciting or Encouraging a Minor Violate Laws With Respect to Drugs Such as Heroin, Cocaine, or Cocaine Base (Health & Saf. § 11352)*
  • Employing or Using a Minor to Sell or Transport a Controlled Substance (Health & Saf. § 11353(b)*
  • Selling, Furnishing, Administering, Giving or Offering to Sell, Furnish, Administer, or Give Heroin or Cocaine to a Minor (Heath & Saf. § 11353)*

Human Trafficking

  • Human Trafficking Involving Forced Labor or Services (Pen. Code § 222)
  • Human Trafficking Involving Sex Acts, Obscene Matter, or Extortion (Pen. Code § 236.1(b))
  • Human Trafficking Involving a Minor and Commercial Sex Acts (Pen. Code § 236.1(c))
  • Pimping (Pen. Code § 266h)
  • Pandering (Pen. Code § 266i)
  • Transporting or Providing a Child Under Age 16 For the Purpose of a Lewd Act (Pen. Code § 266j)*
  • Abduction of a Minor For the Purpose of Prostitution (Pen. Code § 267)*

Leave a Reply

Your email address will not be published. Required fields are marked *