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CALIFORNIA Legislation
Cal. Pen. Code § 264.1
Punishment for aiding or abetting rape
(a) The provisions of Section 264 notwithstanding, when the defendant, voluntarily acting in concert with another person, by force or violence and against the will of the victim, committed an act described in Section 261 or 289, either personally or by aiding and abetting the other person, that fact shall be charged in the indictment or information and if found to be true by the jury, upon a jury trial, or if found to be true by the court, upon a court trial, or if admitted by the defendant, the defendant shall suffer confinement in the state prison for five, seven, or nine years.
(b)
(1) If the victim of an offense described in subdivision (a) is a child who is under 14 years of age, the defendant shall be punished by imprisonment in the state prison for 10, 12, or 14 years.
(2) If the victim of an offense described in subdivision (a) is a minor who is 14 years of age or older, the defendant shall be punished by imprisonment in the state prison for 7, 9, or 11 years.
(3) This subdivision does not preclude prosecution under Section 269, Section 288.7, or any other law.
Amendment History:
1976 Amendment:
Substituted “for five, six or seven years” for “from five years to life”.
1978 Amendment:
Substituted “seven, or nine years” for “six or seven years” at the end of the section.
1982 Amendment:
In addition to making technical changes, substituted “an act described in Sections 261 or 289” for “the rape”.
1994 Amendment:
Added “, 262,” after “Section 261”.
2010 Amendment:
Added (1) subdivision designation (a); and (2) subd (b).
2021 Amendment (ch 626):
In (a), substituted “when the defendant” for “in any case in which the defendant” and “Section 261 or 289” for “Section 261, 262, or 289”; and deleted “provision of” preceding “law” in (b)(3).
Source: LexisNexis