Chapter 6 – Adult Classification

62130.8 Sexually Violent Predator Penal Code and Statutory Law Qualifying Offenses

• The following statutory criteria are SVPSexually Violent Predator qualifying offenses. Qualifying offenses include, but are not limited to, the following:

  • PCPenal Code 261, Rape-Acts Constituting (all subdivisions).

  • Note: A defined “Rape by Threat” conviction regardless of the PCPenal Code Section is an SVPSexually Violent Predator qualifying offense.

  • PCPenal Code 262. Rape of Person Who Is Spouse of Perpetrator (all Subdivisions).

  • PCPenal Code 264.1. Rape or Penetration of Genital or Anal Openings by Foreign Object in Concert by Force or Violence.

  • PCPenal Code 269. Aggravated Sexual Assault of a Child (all Subdivisions).

  • PCPenal Code 286. Sodomy (all subdivisions).

  • PCPenal Code 288. Lewd Act on Child or Dependent Person (all Subdivisions).

  • PCPenal Code 288a. Oral Copulation (all Subdivisions).

  • PCPenal Code 288.5 Engaging in Three or More Acts of Substantial Sexual Conduct With a Child Under Age 14 (Continuous Sexual Abuse of a Child Under 14).

  • PCPenal Code 289. Anal or Genital Penetration by Foreign Object (all Subdivisions).

  • Felony convictions for any of the following acts with the intent to commit PCPenal Code 261, 262, 264.1, 269, 286, 288, 288a, 288.5 or 289 are also qualifying offenses under Proposition 83, the Sexual Predator Punishment and Control Act, better known as Jessica’s Law:

    • PCPenal Code 207. Kidnapping Defined.

    • PCPenal Code 208(d). Kidnapping; Punishment (old law).

    • PCPenal Code 209. Kidnapping for Ransom or Extortion.

    • PCPenal Code 220. Assault.

  • Convictions prior to July 1, 1977, for an offense described in any of the previously delineated PCPenal Code sections (even if the PCPenal Code section is different, i.e., Rape by Threat).

  • Conviction(s) (sex related or not) (misdemeanor or felony) resulting in a Mentally Disordered Sex Offender (MDSO) designation, including dispositions resulting in State hospital placement, mental health treatment, credit for time served, county jail, probation, unknown disposition, etc.

  • Not Guilty by Reason of Insanity findings that involved a qualifying offense.

  • Qualifying convictions dismissed, expunged or voided due to receipt of a Certificate of Rehabilitation pursuant to PCPenal Code 1203.4.

  • Out-of-state and out-of-country conviction(s) of any sex offense that after a thorough review by the DOJDepartment Of Justice are determined to be equivalent to the above noted offenses.

  • Conviction(s) by a military or federal court of any sex offense that after a thorough review by DOJDepartment Of Justice are determined to be equivalent to the above noted offenses.

  • PCPenal Code qualifying offenses regardless of the degree of force, violence, duress, menace, or fear of injury indicated within the Probation Officer’s Report or court documents.

  • Felony Convictions for “Attempts” or “Accessory” to the above listed offenses are not qualifying offenses.

  • Misdemeanor convictions for the above listed offenses are not qualifying offenses (exception: MDSO criteria explained above).

  • Juvenile Court Adjudication. A prior juvenile adjudication of a sexually violent offense may constitute a prior conviction for which the person received a determinate terms if all of the following applies:

    • The juvenile was 16 years of age or older at the time he/she committed the prior offense.

    • The prior offense is a SVPSexually Violent Predator offense as specified in W&ICWelfare and Institutions Code 6600, subdivision (b).

    • The juvenile was adjudged a ward of the juvenile court within the meaning of PCPenal Code Section 602.

    • And the juvenile was committed to the California Youth Authority now known as the Division of Juvenile Justice (DJJDivision of Juvenile Justice (formerly CYA)) for the sexually violent offense.