Violent and Serious Acts Eligible for Early Release Under Proposition 57

The following crimes are not technically considered “violent,” so therefore, qualify as “non-serious, non-violent offense” eligible for early release in Proposition 57. Crimes with an asterisk (*) appear more than once in the categories below.

Crimes Involving Acts of Violence

Assault by Means of Force Likely to Produce Great Bodily Injury (Pen. Code 245(a)(4))
Assault with a Deadly Weapon (Pen. Code 245(a)(1))*
Taking a Hostage (Pen. Code 210.5)
Any Felony in Which a Defendant Personally Uses a Dangerous or Deadly Weapon, or Personally Uses a Firearm, or Personally Inflicts Great Bodily Injury (Pen. Code 667/1192.7)*
Hit & Run Resulting in Death or Permanent, Serious Injury (Pen. Code 20001(b)(2))
Domestic Violence Resulting in a Traumatic Condition (Pen. Code 273.5)*
False Imprisonment by Violence, Menace, Fraud, or Deceit (Pen. Code § 236-237)
Using Force or Violence Upon a Witness or Victim Because of Assistance Provided to a Law Enforcement Officer or Prosecutor (Pen. Code 140)*
Soliciting Another Person to Commit Murder (Pen. Code 653f(b))
Resisting a Peace Officer and Proximately Causing Death or Serious Bodily Injury to the Officer (Pen. Code 148.10)*
Peace Officer Beating or Assaulting a Person Without Lawful Necessity (Pen. Code 149)
Supplying, Selling, or Giving a Firearm to a Person to Commit a Gang Crime, and the Person Commits the Gang Crime and is Convicted of It (Pen. Code 186.28)*
Assault with a Stun Gun or Less Lethal Weapon (Pen. Code 244.5)
Corporal Punishment or Injury on a Child Resulting in a Traumatic Condition (Pen. Code 273d)*
False Imprisonment of an Elder or Dependent Adult by Violence, Menace, Fraud, or Deceit (Pen. Code 368(f))*
Hate Crime Causing Physical Injury, Property Damage Over $950, or Where the Defendant Has a Prior Conviction for a Hate Crime (Pen. Code 422.7)*
Soliciting Another Person to Commit a Specified Crime Such as Carjacking, Robbery, Burglary, Kidnapping, Arson, Grand Theft, Perjury, Extortion, or Assault With a Deadly Weapon (Pen. Code 653f(a))
Inflicting Physical Pain or Mental Suffering on an Elder or Dependent Adult; Or, a Caretaker Endangering the Health of an Elder or Dependent Adult (Pen. Code 368(b)(1))*
Unlawfully Causing a Fire that Causes Great Bodily Injury (Pen. Code 452(a))*
Driving Under the Influence of Alcohol and/or Drugs and Causing Bodily Injury (Veh. Code 23153)*
Conspiracy to Commit Any Serious or Violent Felony (Pen. Code 182)
Involuntary Manslaughter with Personal Use of a Weapon, or Personal Infliction of Great Bodily Injury (i.e., death) (Pen. Code 192(c))*
Vehicular Manslaughter with Personal Infliction of Great Bodily Injury (i.e., death) (Pen. Code 192(c))
Vehicular Manslaughter While Intoxicated with Personal Infliction of Great Bodily Injury (i.e., death) (Pen. Code 191.5(b))*

Sexual Assault-Related Crimes

Rape of a Person Incapable of Giving Legal Consent (Pen. Code 261(a)(1))
Rape By an Intoxicating, Anesthetic, or Controlled Substance (Pen. Code 261(a)(3))
Rape of an Unconscious Person (Pen. Code 261(a)(4))
Sexual Penetration of an Unconscious Person (Pen. Code 289(d))
Sexual Penetration By an Intoxicating, Anesthetic, or Controlled Substance (Pen. Code 289(e))
Sexual Battery By Unlawful Restraint (Pen. Code 243.4(a))
Sexual Battery of a Disabled or Medically Incapacitated Person (Pen. Code 243.4(b))
Sexual Battery on an Unconscious Person (Pen. Code 243.4(c))
Sodomy on an Unconscious Person (Pen. Code 286(f))
Sodomy on a Person Incapable of Giving Legal Consent (Pen Code 286(g))
Sodomy By Intoxicating, Anesthetic, or Controlled Substance (Pen. Code 286(i))
Oral Copulation on an Unconscious Person (Pen. Code 288a(f))
Oral Copulation on a Person Incapable of Giving Legal Consent (Pen. Code 288a(g))
Oral Copulation By an Intoxicating, Anesthetic, or Controlled Substance (Pen. Code 288a(i))
Soliciting Another Person to Commit a Forcible Sex Crime (Pen. Code 653f(c))

Crimes Against Children

Abandonment of a Child Under Age 14 (Pen. Code 271)
Failing to Provide for a Child Under Age 14 (Pen. Code 271a)
Corporal Punishment or Injury on a Child Resulting in a Traumatic Condition (Pen. Code 273d)*
Child Abduction By a Person Not Having a Right to Custody (Pen. Code 277)
Child Abduction to Deprive a Lawful Custodian of a Right to Custody (Pen. Code 278)
Transporting or Providing a Child Under Age 16 For the Purpose of a Lewd Act (Pen. Code 266j)*
Abduction of a Minor For the Purpose of Prostitution (Pen. Code 267)*
Physical Child Abuse/Endangering the Health of a Child (Pen. Code 273a(a))
Sodomy With a Minor Under Age 18; Or a Person Over Age 21 Participating in an Act of Sodomy With a Minor Under Age 16 (Pen. Code 286(b))
Lewd or Lascivious Act on Child Age 14 or 15 Where the Perpetrator is at Least 10 Years Older (Pen. Code 288(c)(1))
Contacting a Minor With Intent to Commit to a Specified Offense Such as Kidnapping, Sexual Assault, Physical Abuse, or Distribution of Obscene Matter (Pen. Code 288.3)
Arranging a Meeting With a Minor For Lewd Purposes, Where the Defendant Has a Prior Conviction for an Offense Requiring Registration as a Sex Offender; Or, Arranging a Meeting With a Minor for Lewd Purposes and Actually Going to the Meeting Place at the Arranged Time (Pen. Code 288.4)
Oral Copulation With a Minor Under Age 18; Or a Person Over Age 21 Participating in an Act of Oral Copulation With a Minor Under Age 16 (Pen. Code 288a(b))
Employing or Using a Minor, or a Parent Permitting a Minor, to Pose or Model or Produce Matter Involving Sexual Conduct by the Minor Alone or With Other Persons or Animals, for Commercial Purposes (Pen. Code 311.4(b))
Soliciting or Encouraging a Minor Violate Laws With Respect to Drugs Such as Heroin, Cocaine, or Cocaine Base (Health & Saf. 11352)*
Employing or Using a Minor to Sell or Transport a Controlled Substance (Health & Saf. 11353(b)*
Selling, Furnishing, Administering, Giving or Offering to Sell, Furnish, Administer, or Give Heroin or Cocaine to a Minor (Heath & Saf. 11353)*

Human Trafficking

Human Trafficking Involving Forced Labor or Services (Pen. Code 222)
Human Trafficking Involving Sex Acts, Obscene Matter, or Extortion (Pen. Code 236.1(b))
Human Trafficking Involving a Minor and Commercial Sex Acts (Pen. Code 236.1(c))
Pimping (Pen. Code 266h)
Pandering (Pen. Code 266i)
Transporting or Providing a Child Under Age 16 For the Purpose of a Lewd Act (Pen. Code 266j)*
Abduction of a Minor For the Purpose of Prostitution (Pen. Code 267)*

Terrorism-Related Crimes

Exploding or Attempting to Explode a Destructive Device in a Specified Place (e.g., health facility, place of worship, bookstore, library, courthouse, judge’s home, or school (Pen. Code 11413)
Possessing, Manufacturing, Transferring, or Acquiring a Weapon of Mass Destruction (Pen. Code 11418(a))
Possession of a Restricted, Biological Agent (Pen. Code 11419)
Possession of a Destructive Device or Explosion in or Near a Specified Place, Private Habitation, or in a Public Building or Public Place (Pen. Code 18715)
Possession of a Substance or Material With Intent to Make Destructive Device or Explosive (Pen. Code 18720)
Carrying or Placing a Destructive Device or Explosive in a Vessel, Aircraft, Vehicle, or Baggage (Pen. Code 18725)
Selling, Offering for Sale, or Transporting a Destructive Device (Pen. Code 18730)
Carrying a Concealed Explosive Substance on the Person (Pen. Code 19100)
Assembling or Placing a Booby Trap Device (Pen. Code 20110(a))
Possession of a Device with Intent to Use it as a Booby Trap (Pen. Code 20110(b))
Mingling Poison or Harmful Substance With Any Food, Drink, or Medicine; Or, Placing a Poison or Harmful Substance in a Spring, Well, or Water Supply (Pen. Code 347(a))
Possession of Destructive Device (Pen. Code 18710)
Exploding a Destructive Device or Explosive With Intent to Injure (Pen. Code 18740)

Domestic-Violence-Related Crimes

Violation of a Restraining Order Where Defendant Has a Prior Conviction Within Seven Years for Violating a Restraining Order That Involves a Credible Threat of Violence (Pen. Code 273.6(d)*
Violation of a Restraining Order Within One Year of a Restraining Order Conviction That Resulted in Physical Injury to the Victim (Pen. Code 273.6(e))*
Domestic Violence Resulting in a Traumatic Condition (Pen. Code 273.5)*
Stalking When the Defendant Has a Prior Felony Conviction for Domestic Violence, Violation of a Restraining Order, Criminal Threats, or Stalking (Pen. Code 646.9(c))*

Elder/Dependent Adult Abuse

False Imprisonment of an Elder or Dependent Adult by Violence, Menace, Fraud, or Deceit (Pen. Code 368(f))*
Inflicting Physical Pain or Mental Suffering on an Elder or Dependent Adult; Or, a Caretaker Endangering the Health of an Elder or Dependent Adult (Pen. Code 368(b)(1))*
Non-Caretaker Committing Theft, Embezzlement, Forgery, Fraud, or Identity Theft Against an Elder or Dependent Adult Where the Loss is Over $950 (Pen. Code 368(d))
Caretaker Committing Theft, Embezzlement, Forgery, Fraud, or Identity Theft Against an Elder or Dependent Adult Where the Loss is Over $950 (Pen. Code 368(e)

Gang-Related Crimes

Active Participation in a Criminal Street Gang (Pen. Code 186.22(a))
Supplying, Selling, or Giving a Firearm to a Person to Commit a Gang Crime, and the Person Commits the Gang Crime and is Convicted of It (Pen. Code 186.28)*
Soliciting or Recruiting Another Person to Participate in a Criminal Street Gang (Pen. Code 219.2)
Carrying a Loaded Firearm on the Person or in a Vehicle Where the the Defendant Has a Prior Felony Conviction, or the Firearm is Stolen and the Defendant Knows it, or the Defendant Is an Active Participant in a Criminal Street Gang, or the Defendant Is in a Class of Person Prohibited From Possessing or Acquiring a Firearm (Pen. Code 25850)
Any Felony with a Gang Enhancement Attachment (with exception of extortion and threats to victims/witnesses) (Pen. Code 186.22(b))

Crimes Against Victims/Witnesses

Stalking When There Is a Temporary Restraining Order or Injunction in Place (Pen. Code 646.9(b))
Stalking When the Defendant Has a Prior Felony Conviction for Domestic Violence, Violation of a Restraining Order, Criminal Threats, or Stalking (Pen. Code 646.9(c))*
Convicted Sex Offender in County Jail or State Prison Revealing the Name and Address of a Sexual Assault Victim to Another Prisoner with Intent That the Victim Be Harassed (Pen. Code 136.7)*
Credible Threat of Force or Violence Against a Witness or Victim of the Crime the Defendant was Convicted of (Pen. Code 139(a))
Using Force or Violence Upon a Witness or Victim Because of Assistance Provided to a Law Enforcement Officer or Prosecutor (Pen. Code 140)*
Violation of a Restraining Order Where Defendant Has a Prior Conviction Within Seven Years for Violating a Restraining Order That Involves a Credible Threat of Violence (Pen. Code 273.6(d))*
Violation of a Restraining Order Within One Year of a Restraining Order Conviction That Resulted in Physical Injury to the Victim (Pen. Code 273.6(e))*
Making a Credible Threat to Cause Serious Bodily Injury and Within 30 Days Entering the Victim’s Residence or Workplace With Intent to Carry Out the Threat (Pen. Code 601)

Hate Crimes

Hate Crime Causing Physical Injury, Property Damage Over $950, or Where the Defendant Has a Prior Conviction for a Hate Crime (Pen. Code 422.7)*
Terrorizing the Owner of Private Property by Placing a Sign or Mark (e.g., Nazi Swastika) on the Victim’s Property on Two or More Occasions (Pen. Code 11411(c))
Burning or Desecrating a Cross or Religious Symbol on Private Property or School Grounds, For the Purpose of Terrorizing (Pen. Code 11411(d))

Sex Offenders/Sexually Violent Predators

Felon Failing to Register as Required as a Sex Offender; Or, Any Person Failing to Register as Required as a Sex Offender When That Person Has Previously Been Convicted of Failing to Register (Pen. Code 290.018(b))
Sexually Violent Predator Failing to Verify Sex Registration Every 90 Days (Pen. Code 290.018(f))

Arson-Related Crimes

Unlawfully Causing a Fire that Causes Great Bodily Injury (Pen. Code 452(a))*
Unlawfully Causing a Fire That Causes an Inhabited Structure or Inhabited Property to Burn (Pen. Code 452(b))
Unlawfully Causing a Fire of a Structure or Forest Land (Pen. Code 452(c))

Crimes Related to Firearms

Supplying, Selling, or Giving a Firearm to a Person to Commit a Gang Crime, and the Person Commits the Gang Crime and is Convicted of It (Pen. Code 186.28)*
A Felon Possessing, Purchasing, or Receiving a Firearm (Pen. Code 29800)
A Person With a Prior Conviction for a Serious or Violent Felony Owning, Possessing, or Controlling a Firearm (Pen. Code 29900)
Assault with a Deadly Weapon (Pen. Code 245(a)(1))*
Any Felony in Which a Defendant Personally Uses a Dangerous or Deadly Weapon, or Personally Uses a Firearm, or Personally Inflicts Great Bodily Injury (Pen. Code 667/1192.7)*
Involuntary Manslaughter With Personal Use of a Weapon, or Personal Infliction of Great Bodily Injury (i.e., death) (Pen. Code 192(c))*

Drug-Related Crimes

Soliciting or Encouraging a Minor to Violate Laws With Respect to Drugs Such as Heroin, Cocaine, or Cocaine Base (Health & Saf. 11352(a))*
Employing or Using a Minor to Sell or Transport a Controlled Substance (Health & Saf. 11353(b)*
Driving Under the Influence of Alcohol and/or Drugs and Causing Bodily Injury (Veh. Code 23153)*
Vehicular Manslaughter While Intoxicated with Personal Infliction of Great Bodily Injury (i.e., death) (Pen. Code 191.5(b))*
Selling, Furnishing, Administering, Giving or Offering to Sell, Furnish, Administer, or Give Heroin or Cocaine to a Minor (Health & Saf. 11353)*
Possession of Specified Compounds With the Intent to Manufacture Methamphetamine (Health & Saf. 11383.5)
Driving Under the Influence of Alcohol and/or a Drug Where the Defendant Has Three or More Separate DUI Violations (Veh. Code 23550)

Crimes Committed on School Grounds or Universities

Threatening to Inflict Injury on an Officer or Employee of an Educational Institution (Pen. Code 71)
Assault on a Peace Officer Working at a School (Pen. Code 241.4)
Battery on a School Employee Where Injury is Inflicted (Pen. Code 243.6)
Discharging a Firearm in a School Zone (Pen. Code 626.9(d))
Assault on a School Employee Involving a Deadly Weapon (Pen. Code 245.2)

Crimes Against Peace Officers

Resisting a Peace Officer and Proximately Causing Death or Serious Bodily Injury to the Officer (Pen. Code 148.10)*
Removing or Taking a Firearm From a Peace Officer While Resisting Arrest (Pen. Code 148(c))
Battery with Injury Inflicted on Peace Officer, Custodial Officer, Firefighter, Emergency Medical Technician, Lifeguard, Process Server, Traffic Officer, or Animal Control Officer (Pen. Code 243(c))

Crimes Committed By Inmates

Inciting a Riot in State Prison or County Jail That Results in Serious Bodily Injury (Pen. Code 404.6(c))
Convicted Sex Offender in County Jail or State Prison Revealing the Name and Address of a Sexual Assault Victim to Another Prisoner with Intent That the Victim Be Harassed (Pen. Code 136.7)*
Assault on a Custodial Officer (Pen. Code 241.1)
Battery Against a Custodial Officer (Pen. Code 243.1)
Possessing, Carrying, or Controlling a Specified Weapon or Firearm in a State Prison or County Jail (Pen. Code 4502(a))
Manufacturing or Attempting to Manufacture a Specific Firearm in a State Prison or County Jail (Pen. Code 4502(b))
Possessing a Controlled Substance or Drug Paraphernalia in State Prison or County Jail (Pen. Code 4573.6)
Sodomy While Confined in State Prison or Jail (Pen. Code 286(e))
Oral Copulation While Confined in State Prison or Jail (Pen. Code 288a(e))
State Prison Inmate Committing an Assault By Means of Force Likely to Produce Great Bodily Injury (Pen. Code 4501(b))
Escape or Attempt to Escape From State Prison By Force or Violence (Pen. Code 4503(a))
Escape or Attempt to Escape From County Jail by Misdemeanant, Home Detainee, or Work Furlough Program Participant, By Force or Violence (Pen. Code 4532(a)(2))
Assault With a Deadly Weapon by State Prison Inmate (Pen. Code 4501)
Holding a Hostage by State Prison Inmate (Pen. Code 4503)

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