Chapter 6 – Adult Classification

62090.11.2.1.1 Aggravating Circumstances

• The crime involved some factors described in BPHBoard of Parole Hearings (formerly Board of Prison Terms) Rule 2403(b) or (c), as appropriate, in a category higher on either axis than the categories chosen as most closely related to the crime.

• The victim was particularly vulnerable due to age, physical or mental condition.

• The inmate occupied a position of leadership or dominance over other participants in commission of the crime, or they induced others to participate.

• The inmate had a history of criminal behavior for which the term is not being enhanced under BPHBoard of Parole Hearings (formerly Board of Prison Terms) Rule 2286.

• During the commission of the crime the inmate had a clear opportunity to cease but instead continued.

• The inmate has engaged in other reliably documented criminal conduct which was an integral part of the crime for which they are currently committed.

• The inmate had a special relationship of trust with the victim, such as that of employee-employer.

• The manner in which the crime was committed created a potential for serious injury to persons other than the victim of the crime.

• The inmate was on probation, parole, in custody or had escaped from custody at the time the crime was committed.

• Specific circumstances in aggravation of first degree murder (PCPenal Code 187):

  • The murder was wanton and apparently senseless in that it was committed after another crime occurred and served no purpose in completing that crime.

  • The corpse was abused, mutilated or defiled.

  • The inmate went to great length to hide the body or avoid detection.

  • The murder was committed to prevent the testimony of potential or actual witnesses at a trial or investigation.

  • The murder was committed to prevent discovery of another crime.

  • The murder was committed by a destructive device or explosive.

  • There were multiple victims for which the term is not being enhanced under BPHBoard of Parole Hearings (formerly Board of Prison Terms) Rule 2286.

• Specific circumstances in aggravation of kidnapping for robbery or ransom (PCPenal Code 209).

  • The incident involved multiple victims.

  • The property/ransom which the inmate had taken or attempted to take was valued at $25,000 or more.

  • The kidnapping posed a threat to the public order, such as where the victim was a public official.