Does section 667.61 of the California Penal Code require a defendant to engage in a course of conduct in which he or she is a co-defendant?

California, United States of America


The following excerpt is from People v. Barba, 78 Cal.App.4th 1035, 93 Cal.Rptr.2d 240 (Cal. App. 2000):

conduct which a defendant must himself engage in before that portion of the sentencing scheme applies. (See, e.g., People v. Reed (1982) 135 Cal.App.3d 149, 152-153, 185 Cal.Rptr. 169; People v. Manners (1986) 180 Cal.App.3d 826, 831-832, 225 Cal.Rptr. 798.) Its choice to use the word "personally" in those subdivisions necessarily exclude those who may have aided or abetted the principal in contrast with the remainder of the statute where the term "personally" is not used. The absence of the qualification "personally" in section 667.61, subdivision (a) thus reflects a legislative intent to extend the sentencing scheme to all aiders and abettors regardless of the degree of their involvement.

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