Penal Code § 12022.7 – Great Bodily Injury Enhancement
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Penal Code § 12022.7 – Great Bodily Injury Enhancement
California Law
Penal Code – PEN
PART 4. PREVENTION OF CRIMES AND APPREHENSION OF CRIMINALS [11006 – 14315]
( Part 4 added by Stats. 1953, Ch. 1385. )
TITLE 2. SENTENCE ENHANCEMENTS [12001 – 12022.95]
( Title 2 repealed and added by Stats. 2010, Ch. 711, Sec. 5. )
12022.7.
(a) Any person who personally inflicts great bodily injury on any person other than an accomplice 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 three years.
(b) Any person who personally inflicts great bodily injury on any person other than an accomplice in the commission of a felony or attempted felony which causes the victim to become comatose due to brain injury or to suffer paralysis of a permanent nature shall be punished by an additional and consecutive term of imprisonment in the state prison for five years. As used in this subdivision, “paralysis” means a major or complete loss of motor function resulting from injury to the nervous system or to a muscular mechanism.
(c) Any person who personally inflicts great bodily injury on a person who is 70 years of age or older, other than an accomplice, 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 five years.
(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 four, five, or six years.
(e) Any person who personally inflicts great bodily injury under circumstances involving domestic violence 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 three, four, or five years. As used in this subdivision, “domestic violence” has the meaning provided in subdivision (b) of Section 13700.
(f) (1) As used in this section, “great bodily injury” means a significant or substantial physical injury.
(2) As used in this section, a person who sells, furnishes, administers, or gives away a controlled substance is deemed to have personally inflicted great bodily injury when the person to whom the substance was sold, furnished, administered, or given suffers a significant or substantial physical injury from using the substance.
(g) This section shall not apply to murder or manslaughter or a violation of Section 451 or 452. Subdivisions (a), (b), (c), and (d) shall not apply if infliction of great bodily injury is an element of the offense.
(h) The court shall impose the additional terms of imprisonment under subdivision (a), (b), (c), or (d), but may not impose more than one of those terms for the same offense.
(Amended November 5, 2024, by initiative Proposition 36, Sec. 13. Effective December 18, 2024. Approved in Proposition 36 at the November 5, 2024, election.)
California Law Summary
This statute provides for sentencing enhancements when a person inflicts great bodily injury (GBI) on another during the commission or attempted commission of a felony. “Great bodily injury” refers to significant or substantial physical injury, beyond minor or moderate harm.
Key Provisions:
Adds 3 to 6 years to a prison sentence depending on the nature of the underlying felony.
Applies to injuries inflicted intentionally or as a natural and probable consequence of the defendant’s actions.
Does not apply if infliction of GBI is an element of the underlying offense.
Purpose
To increase penalties for felonies that result in serious physical harm, thereby acknowledging the added severity and impact on victims.
Application
While a criminal enhancement, a GBI finding is highly relevant in civil personal injury claims, especially those involving violent acts or DUI-related injuries. It can support arguments for aggravated damages and demonstrate the seriousness of harm, potentially influencing the outcome of compensation and liability determinations.
