Cal Pen Code § 12022.7 (2004)
§ 12022.7. Bodily harm inflicted during commission of felony not having
bodily harm as an element
(a) Any person who personally inflicts great bodily injury on any
person other than an accomplice in the commission of a felony or attempted
felony shall be punished by an additional and consecutive term of imprisonment
in the state prison for three years.
(b) Any person who personally inflicts great bodily injury on
any person other than an accomplice in the commission of a felony or attempted
felony which causes the victim to become comatose due to brain injury or to
suffer paralysis of a permanent nature, shall be punished by an additional and
consecutive term of imprisonment in the state prison for five years. As used in
this subdivision, "paralysis" means a major or complete loss of motor
function resulting from injury to the nervous system or to a muscular
mechanism.
(c) Any person who personally inflicts great bodily injury on
a person who is 70 years of age or older, other than an accomplice, in the
commission of a felony or attempted felony shall be punished by an additional
and consecutive term of imprisonment in the state prison for five years.
(d) Any person who personally inflicts great bodily injury on
a child under the age of five years in the commission of a felony or attempted
felony shall be punished by an additional and consecutive term of imprisonment
in the state prison for four, five, or six years.
(e) Any person who personally inflicts great bodily injury
under circumstances involving domestic violence in the commission of a felony
or attempted felony shall be punished by an additional and consecutive term of
imprisonment in the state prison for three, four, or five years. As used in this
subdivision, "domestic violence" has the meaning provided in
subdivision (b) of Section 13700.
(f) As used in this section, "great bodily injury"
means a significant or substantial physical injury.
(g) This section shall not apply to murder or manslaughter or
a violation of Section 451 or 452. Subdivisions (a), (b), (c), and (d) shall
not apply if infliction of great bodily injury is an element of the offense.
(h) The court shall impose the additional terms of
imprisonment under either subdivision (a), (b), (c), or (d), but may not impose
more than one of those terms for the same offense.