California § 12022.85. 12022.85. (Amended by Stats. 2021, Ch. 626, Sec. 67.)

California Statutes

§ 12022.85. — 12022.85. (Amended by Stats. 2021, Ch. 626, Sec. 67.)

California § 12022.85.

Code PENPenal Code - PEN

Title2.

Part 4.TITLE 2. SENTENCE ENHANCEMENTS

This text of California § 12022.85. (12022.85. (Amended by Stats. 2021, Ch. 626, Sec. 67.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Penal Code - PEN Code § 12022.85. (2026).

Text

(a)A person who violates one or more of the offenses listed in subdivision (b) with knowledge that the person has acquired immune deficiency syndrome (AIDS) or with the knowledge that the person carries antibodies of the human immunodeficiency virus at the time of the commission of those offenses shall receive a three-year enhancement for each violation in addition to the sentence provided under those sections.

(b)Subdivision (a) applies to the following crimes:

(1)Rape in violation of Section 261 or former Section 262.

(2)Unlawful intercourse with a person under 18 years of age in violation of Section 261.5.

(3)Sodomy in violation of Section 286.

(4)Oral copulation in violation of Section 287 or former Section 288a.

(c)For purposes of proving the knowledge requirement of this secti

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(a)
A person who violates one or more of the offenses listed in subdivision (b) with knowledge that the person has acquired immune deficiency syndrome (AIDS) or with the knowledge that the person carries antibodies of the human immunodeficiency virus at the time of the commission of those offenses shall receive a three-year enhancement for each violation in addition to the sentence provided under those sections.
(b)
Subdivision (a) applies to the following crimes:
(1)
Rape in violation of Section 261 or former Section 262.
(2)
Unlawful intercourse with a person under 18 years of age in violation of Section 261.5.
(3)
Sodomy in violation of Section 286.
(4)
Oral copulation in violation of Section 287 or former Section 288a.
(c)
For purposes of proving the knowledge requirement of this section, the prosecuting attorney may use test results received under subdivision (c) of Section 1202.1 or subdivision (g) of Section 1202.6.