Cal. Pen. Code § 12022.9

Current through the 2023 Legislative Session.

Section 12022.9 - Personal infliction of injury upon pregnant woman that results in termination of pregnancy

Any person who, during the commission of a felony or attempted felony, knows or reasonably should know that the victim is pregnant, and who, with intent to inflict injury, and without the consent of the woman, personally inflicts injury upon a pregnant woman that results in the termination of the pregnancy shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. The additional term provided in this subdivision shall not be imposed unless the fact of that injury is charged in the accusatory pleading and admitted or found to be true by the trier of fact.

Nothing in this section shall be construed as affecting the applicability of subdivision (a) of Section 187.

Ca. Pen. Code § 12022.9

Amended by Stats 2011 ch 39 (AB 117),s 68, eff. 6/30/2011.

Amended by Stats 2011 ch 39 (AB 117),s 62, eff. 6/30/2011.

Amended by Stats 2011 ch 15 (AB 109),s 510, eff. 4/4/2011, but operative no earlier than October 1, 2011, and only upon creation of a community corrections grant program to assist in implementing this act and upon an appropriation to fund the grant program.

Added by Stats 2010 ch 711 (SB 1080),s 5, eff. 1/1/2011, op. 1/1/2012.