California, United States of America
The following excerpt is from People v. Williams, 101 Cal.App.3d 711, 161 Cal.Rptr. 830 (Cal. App. 1980):
2 It is interesting to note that certain crimes without the mental state of first degree murder carry sentences of life imprisonment. For example, kidnaping for ransom where no bodily harm is inflicted carries a penalty of life imprisonment; and if the kidnaped person does suffer bodily harm or death the penalty is life imprisonment without possibility of parole. (Pen.Code, 209, subd. (a).) Train wrecking where a person is killed carries a penalty of death or life imprisonment without possibility of parole; if no one is injured the penalty is life with possibility of parole. (Pen.Code, 219.) Finally, second degree murder now has a penalty of 15 years to life. (Pen.Code, 190.) Further, while it is by no means controlling, it is interesting to note that the punishment of five years to life, and a three-year minimum sentence before parole eligibility has been upheld for the offense of selling heroin when attacked on cruel and unusual punishment grounds. (People v. Serna (1975) 44 Cal.App.3d 717, 721, 118 Cal.Rptr. 904.)
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