The list of crimes that qualify as non-violent in California is so long that it took 3-blog posts to list all of them. Don’t be fooled by Prop 57. In the final analysis it is nothing more than a “get out of jail free” card for dangerous, violent offenders.
Hate Crimes
- 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)*
- Terrorizing the Owner of Private Property by Placing a Sign or Mark (e.g., Nazi Swastika) on the Victim’s Property on Two or More Occasions (Pen. Code § 11411(c))
- Burning or Desecrating a Cross or Religious Symbol on Private Property or School Grounds, For the Purpose of Terrorizing (Pen. Code § 11411(d))
Sex Offenders/Sexually Violent Predators
- Felon Failing to Register as Required as a Sex Offender; Or, Any Person Failing to Register as Required as a Sex Offender When That Person Has Previously Been Convicted of Failing to Register (Pen. Code § 290.018(b))
- Sexually Violent Predator Failing to Verify Sex Registration Every 90 Days (Pen. Code § 290.018(f))
Arson Related Crimes
- Unlawfully Causing a Fire that Causes Great Bodily Injury (Pen. Code § 452(a))*
- Unlawfully Causing a Fire That Causes an Inhabited Structure or Inhabited Property to Burn (Pen. Code § 452(b))
- Unlawfully Causing a Fire of a Structure or Forest Land (Pen. Code § 452(c))
Crimes Related to Firearms
- 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)*
- A Felon Possessing, Purchasing, or Receiving a Firearm (Pen. Code § 29800)
- A Person With a Prior Conviction for a Serious or Violent Felony Owning, Possessing, or Controlling a Firearm (Pen. Code § 29900)
- Assault with a Deadly Weapon (Pen. Code § 245(a)(1))*
- 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)*
- Involuntary Manslaughter With Personal Use of a Weapon, or Personal Infliction of Great Bodily Injury (i.e., death) (Pen. Code § 192(c))*
Drug-Related Crimes
- Soliciting or Encouraging a Minor to Violate Laws With Respect to Drugs Such as Heroin, Cocaine, or Cocaine Base (Health & Saf. § 11352(a))*
- Employing or Using a Minor to Sell or Transport a Controlled Substance (Health & Saf. § 11353(b)*
- Driving Under the Influence of Alcohol and/or Drugs and Causing Bodily Injury (Veh. Code § 23153)*
- Vehicular Manslaughter While Intoxicated with Personal Infliction of Great Bodily Injury (i.e., death) (Pen. Code § 191.5(b))*
- Selling, Furnishing, Administering, Giving or Offering to Sell, Furnish, Administer, or Give Heroin or Cocaine to a Minor (Health & Saf. § 11353)*
- Possession of Specified Compounds With the Intent to Manufacture Methamphetamine (Health & Saf. § 11383.5)
- Driving Under the Influence of Alcohol and/or a Drug Where the Defendant Has Three or More Separate DUI Violations (Veh. Code § 23550)
Crimes Committed on School Grounds or Universities
- Threatening to Inflict Injury on an Officer or Employee of an Educational Institution (Pen. Code § 71)
- Assault on a Peace Officer Working at a School (Pen. Code § 241.4)
- Battery on a School Employee Where Injury is Inflicted (Pen. Code § 243.6)
- Discharging a Firearm in a School Zone (Pen. Code § 626.9(d))
- Assault on a School Employee Involving a Deadly Weapon (Pen. Code § 245.2)
Crimes Against Peace Officers
- Resisting a Peace Officer and Proximately Causing Death or Serious Bodily Injury to the Officer (Pen. Code § 148.10)*
- Removing or Taking a Firearm From a Peace Officer While Resisting Arrest (Pen. Code § 148(c))
- Battery with Injury Inflicted on Peace Officer, Custodial Officer, Firefighter, Emergency Medical Technician, Lifeguard, Process Server, Traffic Officer, or Animal Control Officer (Pen. Code § 243(c))
Crimes Committed By Inmates
- Inciting a Riot in State Prison or County Jail That Results in Serious Bodily Injury (Pen. Code § 404.6(c))
- Convicted Sex Offender in County Jail or State Prison Revealing the Name and Address of a Sexual Assault Victim to Another Prisoner with Intent That the Victim Be Harassed (Pen. Code § 136.7)*
- Assault on a Custodial Officer (Pen. Code § 241.1)
- Battery Against a Custodial Officer (Pen. Code § 243.1)
- Possessing, Carrying, or Controlling a Specified Weapon or Firearm in a State Prison or County Jail (Pen. Code § 4502(a))
- Manufacturing or Attempting to Manufacture a Specific Firearm in a State Prison or County Jail (Pen. Code § 4502(b))
- Possessing a Controlled Substance or Drug Paraphernalia in State Prison or County Jail (Pen. Code § 4573.6)
- Sodomy While Confined in State Prison or Jail (Pen. Code § 286(e))
- Oral Copulation While Confined in State Prison or Jail (Pen. Code § 288a(e))
- State Prison Inmate Committing an Assault By Means of Force Likely to Produce Great Bodily Injury (Pen. Code § 4501(b))
- Escape or Attempt to Escape From State Prison By Force or Violence (Pen. Code § 4503(a))
- Escape or Attempt to Escape From County Jail by Misdemeanant, Home Detainee, or Work Furlough Program Participant, By Force or Violence (Pen. Code § 4532(a)(2))
- Assault With a Deadly Weapon by State Prison Inmate (Pen. Code § 4501)
- Holding a Hostage by State Prison Inmate (Pen. Code § 4503)
