ADVOCATEEDUCATECOLLABORATE

CALIFORNIA Legislation 

Cal. Pen. Code § 269

Aggravated sexual assault of child

    1. Any person who commits any of the following acts upon a child who is under 14 years of age and seven or more years younger than the person is guilty of aggravated sexual assault of a child:

      1. Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261.

      2. Rape or sexual penetration, in concert, in violation of Section 264.1.

      3. Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 286.

      4. Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 287 or former Section 288a.

      5. Sexual penetration, in violation of subdivision (a) of Section 289.

    2. Any person who violates this section is guilty of a felony and shall be punished by imprisonment in the state prison for 15 years to life.

    3. The court shall impose a consecutive sentence for each offense that results in a conviction under this section if the crimes involve separate victims or involve the same victim on separate occasions as defined in subdivision (d) of Section 667.6.

Amendment History:

2006 Amendment (ch 337):

1. Substituted “seven or more years” for “10 or more years” after “14 years of age and” in subd (a); (2) substituted subd (a)(1) for former subd (a)(1) which read “ (1) A violation of paragraph (2) of subdivision (a) of Section 261.”; (3) substituted subd (a)(2) for former subd (a)(2) which read “ (2) A violation of Section 264.1.”; (4) amended subds (a)(3) and (a)(4) by (a) adding “paragraph (2) or (3) of subdivision (c), or subdivision (d), of” after “in violation of”; and (b) deleting “, when committed by force, violence, duress, menace, or fear of immediate bodily injury on the victim or another person” from the end; (5) substituted “Sexual penetration, in” for “A” at the beginning of subd (a)(5); and (6) added subd (c).


2006 Amendment (Prop. 83):

Deleted the comma after “on separate occasions” in subd (c).

2018 Amendment (ch 423):

Added “Section 287 or former” in (a)(4).


Source: LexisNexis


NOTICE: PLEASE REPORT ANY ERRORS AND/OR OMISSIONS ON THIS PAGE TO: hhooper@onebread.org