{"code":"PEN","codeName":"Penal Code","section":"1170.85","citation":"Pen. Code, § 1170.85","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"PART 2. OF CRIMINAL PROCEDURE [681. - 1620.]","url":"https://blackletter.si/penal-code/part-2"},{"name":"TITLE 7. OF PROCEEDINGS AFTER THE COMMENCEMENT OF THE TRIAL AND BEFORE JUDGMENT [1065. - 1188.]","url":"https://blackletter.si/penal-code/part-2/title-7"},{"name":"CHAPTER 4.5. Trial Court Sentencing [1170. - 1172.75.]","url":"https://blackletter.si/penal-code/part-2/title-7/chapter-4.5"},{"name":"ARTICLE 1. Initial Sentencing [1170. - 1171.]","url":"https://blackletter.si/penal-code/part-2/title-7/chapter-4.5/article-1"}],"history":"Amended by Stats. 1985, Ch. 1108, Sec. 3.","effective":null,"html":"<p>(a) Upon conviction of any felony assault or battery offense, it shall be considered a circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section <a href=\"/pen/1170\">1170</a> if the offense was committed to prevent or dissuade a person who is or may become a witness from attending upon or testifying at any trial, proceeding, or inquiry authorized by law, or if the offense was committed because the person provided assistance or information to a law enforcement officer, or to a public prosecutor in a criminal or juvenile court proceeding.</p><p>(b) Upon conviction of any felony it shall be considered a circumstance in aggravation in imposing a term under subdivision (b) of Section <a href=\"/pen/1170\">1170</a> if the victim of an offense is particularly vulnerable, or unable to defend himself or herself, due to age or significant disability.</p>","text":"(a) Upon conviction of any felony assault or battery offense, it shall be considered a circumstance in aggravation of the crime in imposing a term under subdivision (b) of Section 1170 if the offense was committed to prevent or dissuade a person who is or may become a witness from attending upon or testifying at any trial, proceeding, or inquiry authorized by law, or if the offense was committed because the person provided assistance or information to a law enforcement officer, or to a public prosecutor in a criminal or juvenile court proceeding. (b) Upon conviction of any felony it shall be considered a circumstance in aggravation in imposing a term under subdivision (b) of Section 1170 if the victim of an offense is particularly vulnerable, or unable to defend himself or herself, due to age or significant disability.","otherVersions":[],"url":"https://blackletter.si/penal-code/initial-sentencing-1170-85","source":"California Legislative Information bulk export (pubinfo)"}