Penal Code 12022.7(D): Great Bodily Injury on a Child under 5 Years Old Enhancement Laws in California

I. PC 12022.7(D): Great Bodily Injury on a Child under 5 Years Old Enhancement

Legal Definition:

PC 12022.7(D): “Any person who personally inflicts great bodily injury on a child under the age of five years in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment in the state prison…”

For a person to be convicted of a violation of PC 12022.7(D) the prosecution must show that:

1. You personally inflicted great bodily injury on the victim;
2. The victim was a child under the age of 5 years;

AND

3. The injury was inflicted while in the commission or attempted commission of a felony.

II. What does this mean?

This is not a criminal section you can be charged with, instead, it is an Enhancement. What that means, is that you must be first charged with a felony offense, and then thereafter you are also alleged to have committed this secondary violation by committing that felony that caused great bodily injury. This charge is normally charged with violations such as Child Abuse causing Death or Paralysis on a Minor or Child Endangerment.

Great bodily injury means significant or substantial physical injury. It is an injury that is greater than minor or moderate harm. An injury that involves broken bones or significant injuries that require a hospital visit.

III. Penalties

As state above, a violation of PC 12022.7(D) is an enhancement, not a stand-alone crime. Therefore, you would never be charged with enhancement by itself, it has to be added to a felony offense you are already charged with. This enhancement can add an additional 4, 5, or 6 years to your felony case.

PC 12022.7(D) is a strike offense under the Three Strikes Law but is not a charge requiring Sex Registration under PC 290. You would likely face a loss, suspension, or revocation of your professional license. You could also face immigration consequences if you are a non-US Citizen living in the United States, since this may be considered an aggravated felony under Federal Law, and is also a crime of moral turpitude.

IV. Common Defenses

1. Statute of Limitations
2. Insufficient Evidence
3. Violation of Rights
4. Self Defense

The defenses to enhancements are quite a bit different than regular criminal charges. Here, a common defense can be that you were not, for example, in the commission of a felony offense. If there is no felony offense, then you cannot have this enhancement added to your case, and that would be found “not true” by a Court. It also must be a felony charge to have an enhancement, if, for example, you are charged with committing a misdemeanor offense, then this enhancement would not apply to your case.

If the minor in the incident was not under 5 years of age, then you cannot have this attachment added to your case. Also, if the injury is minor or superficial, then it can be shown that you are not guilty of this enhancement. Failing to show you meet the required elements above would mean there is insufficient evidence to prove you guilty of this enhancement.

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