Yes, Danny Masterson is in jail. The That ’70s Show actor is serving a 30-years-to-life sentence at the California Men’s Colony in San Luis Obispo after a Los Angeles jury convicted him of two counts of forcible rape in May 2023. He will not be eligible for parole until 2042, and his appeal is currently pending before a California state appellate court.1PBS. That ’70s Show Actor Danny Masterson Gets 30 Years to Life in Prison for Rapes of 2 Women
What He Was Convicted Of
Masterson was charged with three counts of forcible rape based on incidents prosecutors said took place at his Hollywood Hills home between 2001 and 2003. All three accusers were, like Masterson, former members of the Church of Scientology.1PBS. That ’70s Show Actor Danny Masterson Gets 30 Years to Life in Prison for Rapes of 2 Women
His first trial ended in a mistrial on November 30, 2022, when the jury deadlocked on all three counts.2Los Angeles Times. Mistrial in Danny Masterson Rape Trial After Jury Deadlocks The retrial opened on April 24, 2023, and on May 31, 2023, jurors found him guilty on two counts. They again could not reach a verdict on the third.3NBC News. Danny Masterson Sentenced to 30 Years to Life in Prison
On September 7, 2023, Judge Charlaine F. Olmedo sentenced Masterson to 15 years to life on each count, to run consecutively. She also ordered him to register as a sex offender.4New York Times. Danny Masterson Rape Trial Sentencing
Where He Is Now
Masterson is housed at the California Men’s Colony in San Luis Obispo, a medium-and-minimum-security facility. He got there through a series of transfers within the California prison system.
After sentencing, he remained in a Los Angeles County jail facility until late December 2023, when the California Department of Corrections and Rehabilitation moved him to North Kern State Prison in Delano for intake processing. In January 2024, he was transferred to Corcoran State Prison, a maximum-security facility. Weeks later, in mid-February 2024, corrections officials moved him again, this time to the California Men’s Colony. The department attributed the transfer to concerns about “the inmate’s well-being.”5Deadline. Danny Masterson Prison Parole6New York Post. Danny Masterson Moved Back to Minimum-Security Prison Over Safety Concerns
When He Could Be Released
Under California’s indeterminate sentencing system, an inmate serving a term expressed as a number of years “to life” must serve the minimum before becoming eligible for a parole hearing. Corrections records show Masterson is not eligible for parole until 2042, with a tentative parole consultation scheduled for May 2038.5Deadline. Danny Masterson Prison Parole
Rape is classified as a violent felony under California law, so early parole provisions written for nonviolent offenders do not apply to him. Eligibility in 2042 is also not the same as release: it is the earliest date at which the parole board can consider whether to grant it.
The Appeal
Masterson’s defense team filed a formal notice of appeal in November 2023, and the challenge to his conviction has since moved along two tracks.
In January 2025, appellate attorney Cliff Gardner filed the opening brief on the direct appeal. It argues that the trial court improperly excluded evidence that the accusers had a financial incentive to secure a criminal conviction, because a conviction would reopen the civil statute of limitations and allow them to sue for damages. The brief also contends the court wrongly quashed subpoenas for communications between the accusers that the defense says would have shown coordinated testimony, that the prosecution was time-barred, and that admitting evidence about Scientology violated Masterson’s rights.7Rolling Stone. Danny Masterson Rape Appeal Brief Scientology
On June 25, 2026, a three-judge panel of the California Court of Appeal heard oral arguments. Gardner pressed the financial-motive and subpoena issues. Deputy Attorney General Blythe Leszkay countered that the proposed motive evidence was “speculative, confusing and irrelevant” and that the subpoena requests amounted to an “overbroad fishing expedition.” Justice Victoria Chavez expressed skepticism toward the defense’s arguments during the hearing. The panel took the case under submission. A written decision is expected but has not yet been issued.8Courthouse News Service. Danny Masterson Asks Appeals Court to Overturn Rape Conviction
Separately, on November 17, 2025, attorney Eric Multhaup filed a 183-page petition for a writ of habeas corpus on Masterson’s behalf. The petition alleges that trial attorney Philip Cohen provided ineffective assistance by failing to call exculpatory witnesses, failing to interview potential defense witnesses before the retrial, and failing to adequately rebut the prosecution’s Scientology narrative. According to the petition, Cohen “did not present any defense.” It also alleges prosecutorial misconduct and judicial bias.9NBC News. Danny Masterson Blames Lawyer for Presenting Poor Defense at Rape Trial10ABC News. Danny Masterson Blames Lawyer, Anti-Scientology Bias for Rape Conviction
Neither the pending appeal nor the habeas petition changes his custody status. Masterson remains incarcerated at the California Men’s Colony while both matters proceed.
The Separate Civil Case
The criminal conviction is not the only litigation Masterson faces. The three accusers filed a civil lawsuit, originally in 2017, against Masterson, the Church of Scientology International, Celebrity Centre International, the Religious Technology Center, and church leader David Miscavige. The suit alleges the defendants orchestrated a campaign of stalking and harassment against the women after they reported the alleged assaults to the LAPD. Specific claims include tampered home security systems, vandalized cars, an attempt to run one plaintiff off the road, and surveillance of a prosecutor assigned to the criminal case. The Church of Scientology has called those allegations “categorically false.”11Hawaii Tribune-Herald. Scientology Tried to Derail Star’s Rape Trial by Harassing Prosecutor, Suit Says
The defendants tried to dismiss the case through anti-SLAPP motions, a California mechanism for striking lawsuits that target constitutionally protected speech. In a May 2026 ruling, a California appeals court largely rejected those motions and allowed the bulk of the stalking and emotional distress claims to move toward trial. Justice Carl H. Moor wrote the opinion, finding the plaintiffs had shown “minimal merit” on their conspiracy and emotional distress claims. The court struck only two minor allegations.12Bloomberg Law. Scientology’s Bids to Dismiss Masterson Suit Fails on Appeal