One Strike Law California
Approximately six months after the Legislature enacted the Three Strikes law as urgency legislation, it adopted section 667.61, the One Strike law. (People v. Ervin (1996) 50 Cal. App. 4th 259, 264.)
This section sets forth an alternative sentencing scheme for certain sex crimes. These include rape, foreign object penetration, sodomy and oral copulation, all by force.
The section "kicks in" if the defendant has previously been convicted of one of seven specified offenses or if the current offense was committed under one or more specified circumstances.
Subdivision (a) provides that if defendant has previously been convicted of an offense enumerated in subdivision (c) or if two of the circumstances specified in subdivision (e) apply to the current offense, then an indeterminate term of twenty-five years to life shall be imposed.
Subdivision (b) provides that if one of the circumstances specified in subdivision (e) applies, then an indeterminate term of 15 years to life shall be imposed.
The alternative sentencing scheme established by section 667.61 does not create a new crime.
The subdivision (e) elements are only sentencing factors.
The statute, however, requires the element(s) to be pled and proved to the trier of fact. ( 667.61, subd. (i).)