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California Penal Code Section 12022

Legal Research Home > California Laws > Penal Code > California Penal Code Section 12022

12022.  (a) (1) Except as provided in subdivisions (c) and (d), a
person who is armed with a firearm in the commission of a felony or
attempted felony shall be punished by an additional and consecutive
term of imprisonment pursuant to subdivision (h) of Section 1170 for
one year, unless the arming is an element of that offense. This
additional term shall apply to a person who is a principal in the
commission of a felony or attempted felony if one or more of the
principals is armed with a firearm, whether or not the person is
personally armed with a firearm.
   (2) Except as provided in subdivision (c), and notwithstanding
subdivision (d), if the firearm is an assault weapon, as defined in
Section 30510 or 30515, or a machinegun, as defined in Section 16880,
or a .50 BMG rifle, as defined in Section 30530, the additional and
consecutive term described in this subdivision shall be three years
imprisonment pursuant to subdivision (h) of Section 1170 whether or
not the arming is an element of the offense of which the person was
convicted. The additional term provided in this paragraph shall apply
to any person who is a principal in the commission of a felony or
attempted felony if one or more of the principals is armed with an
assault weapon, machinegun, or a .50 BMG rifle, whether or not the
person is personally armed with an assault weapon, machinegun, or a .
50 BMG rifle.
   (b) (1) A person who personally uses a deadly or dangerous weapon
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 one year, unless use of a deadly or dangerous weapon is an
element of that offense.
   (2) If the person described in paragraph (1) has been convicted of
carjacking or attempted carjacking, the additional term shall be in
the state prison for one, two, or three years.
   (3) When a person is found to have personally used a deadly or
dangerous weapon in the commission of a felony or attempted felony as
provided in this subdivision and the weapon is owned by that person,
the court shall order that the weapon be deemed a nuisance and
disposed of in the manner provided in Sections 18000 and 18005.
   (c) Notwithstanding the enhancement set forth in subdivision (a),
a person who is personally armed with a firearm in the commission of
a violation or attempted violation of Section 11351, 11351.5, 11352,
11366.5, 11366.6, 11378, 11378.5, 11379, 11379.5, or 11379.6 of the
Health and Safety Code shall be punished by an additional and
consecutive term of imprisonment pursuant to subdivision (h) of
Section 1170 for three, four, or five years.
   (d) Notwithstanding the enhancement set forth in subdivision (a),
a person who is not personally armed with a firearm who, knowing that
another principal is personally armed with a firearm, is a principal
in the commission of an offense or attempted offense specified in
subdivision (c), shall be punished by an additional and consecutive
term of imprisonment pursuant to subdivision (h) of Section 1170 for
one, two, or three years.
   (e) For purposes of imposing an enhancement under Section 1170.1,
the enhancements under this section shall count as a single
enhancement.
   (f) Notwithstanding any other provision of law, the court may
strike the additional punishment for the enhancements provided in
subdivision (c) or (d) in an unusual case where the interests of
justice would best be served, if the court specifies on the record
and enters into the minutes the circumstances indicating that the
interests of justice would best be served by that disposition.

Section: Previous  12001  12003  12021.5  12022  12022.1  12022.2  12022.3  12022.4  12022.5  12022.53  12022.55  12022.6  Next

Last modified: March 17, 2014