California · Penal Code

PEN §1170.82: Upon a conviction of a violation of Section 11352, 11360, 11379, or 11379.

Felony

What this law says, in plain English

Aggravating factors for drug distribution convictions include if the recipient was pregnant, had prior violent felony convictions, or was undergoing mental health or substance abuse treatment.

Read the full statutory text

Upon a conviction of a violation of Section 11352, 11360, 11379, or 11379.5 of the Health and Safety Code, the fact that the person who committed the offense knew, or reasonably should have known, that any of the following circumstances existed with regard to the person to whom he or she unlawfully sold, furnished, administered, or gave away a controlled substance, shall be a circumstance in aggravation of the crime in imposing a term pursuant to subdivision (b) of Section 1170: (a) The person was pregnant at the time of the selling, furnishing, administering, or giving away of the controlled substance. (b) The person had been previously convicted of a violent felony, as defined in subdivision (c) of Section 667.5. (c) The person was in psychological treatment for a mental disorder or for substance abuse at the time of the selling, furnishing, administering, or giving away of the controlled substance.

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This page is legal information, not legal advice. Code text is sourced from official publications and may lag amendments — always confirm at the official source linked above. Plain-English summaries and relationship data are AI-derived and reviewed on an ongoing basis; verify with a licensed attorney before acting.