Does section 667.8 of the California Sex Offences Act include an element that is not a substantive crime?

California, United States of America


The following excerpt is from People v. Rayford, 36 Cal.Rptr.2d 317, 884 P.2d 1369, 9 Cal.4th 1 (Cal. 1994):

We noted that "The fact that section 667.8 includes an element in addition to those necessary to prove a violation of section 207 or the sex crimes specified, certainly d[id] not imply it has defined a new crime. Enhancements typically focus on an element of the commission of the crime or the criminal history of the defendant which is not present for all such crimes and perpetrators and which justifies a higher penalty than that prescribed for the offenses themselves. That is one of the very purposes of an enhancement's existence." (People v. Hernandez, supra, 46 Cal.3d at pp. 207-208, 249 Cal.Rptr. 850, 757 P.2d 1013.) However, "reference to the wording of the statute and its specification of one term leaves no doubt that an enhancement rather than a substantive crime is involved." (Id. at p. 208, 249 Cal.Rptr. 850, 757 P.2d 1013.)

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