PC 12022.7

PC 12022.7


Enhancement for inflicting GBI during commission of a felony

Aggravated Felony (AF)

Not COV per se. But see Advice.

Crime Involving Moral Turpitude (CIMT)

Not CIMT per se; does not turn a non-CIMT into a CIMT. See Advice

Other Removal Grounds

No other removal ground.

Advice and Comments

COV. The only intent required is intent to commit the underlying felony, or at most negligence. But in light of a (questionable) recent decision on PC 243(d), approach with caution. DUI with 12022.7 should not be a COV, but offenses that involve intentional conduct, such as 243.4, 207, 459, might be charged as COV with this enhancement.1See, e.g., discussion at People v. Poroj (2010)190 Cal. App. 4th 165, 166 (holding no mens rea requirement, distinguishing other cases holding general intent requirement). See also U.S. v. Ramos-Perez, 572 Fed.Appx. 465 (9th Cir. 2013)(unpublished), distinguishing prior version of 12022.7, which requires specific intent with current version, which does not. However, in U.S. v. Perez, -F.3d- (9th Cir. July 11, July 25, 2019), a panel found that 243(d), battery that results in injury, could not be committed with an offensive touching, because only violent force can cause injury. See discussion at ยง 243(d). While this opinion appears to be in error, it may encourage ICE to charge that a burglary or other offense is a COV if combined with this enhancement.

2020-05-19T19:26:25+00:00Updated January 29th, 2020|