Sex Crimes: Definitions and Penalties
California
Last Updated: March 2020
Rape | Answer |
How is it defined? |
An offender commits the crime of rape by engaging in sexual intercourse with another person who is not the offender’s spouse under any of the following circumstances:
In the context of the crime of rape, California law does not specifically define “sexual intercourse” (although the term “sexual intercourse” is defined in the specific contexts of certain other crimes). Instead, the legislature broadly construes what kinds of acts constitute rape. The statutes contain the following information:
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What are the punishments for this crime? |
The prison sentence for rape depends on certain factors, including the age of the victim and the nature of the crime.
Note: California has detailed and complicated sentencing guidelines for sex offenses. Under certain circumstances, sex offenses are considered felonies and may be subject to so-called “One Strike” laws, which carry a maximum sentence of life imprisonment. An individual defendant’s prison sentence depends on things like: prior convictions; age of the victim; the use of force, threats, violence, or deadly weapons; number of victims; and the relationship of the victim and the offender. (See §§ 288, 261, 262, 264, 264.1, 269, 288.7, 667.61) |
Anything else I should know? |
The following definitions are relevant, and apply, to this crime:
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Statutory Citation(s): |
Cal. Penal Code §§ 261, 261.6, 263, 263.1, 269, 288.7 |
Rape of a Spouse | Answer |
How is it defined? |
An offender commits rape of a spouse by engaging in sexual intercourse with the offender’s spouse under any of the following circumstances:
In the context of the crime of rape, California law does not specifically define “sexual intercourse” (although the term “sexual intercourse” is defined in the specific contexts of certain other crimes). Instead, the legislature broadly construes what kinds of acts constitute rape. The statutes contain the following information:
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What are the punishments for this crime? |
An offender who is guilty of the crime of rape of a spouse is subject to imprisonment and monetary fines. An offender may be punished by imprisonment for 3, 6, or 8 years. However, if the offender is given probation upon his or her conviction, the court may also impose one or both of the following additional fines: $1,000 payment to a battered women’s shelter and/or reimbursements for the victim’s reasonable costs of counseling and other expenses directly resulting from the rape. Note: California has detailed and complicated sentencing guidelines for sex offenses. Under certain circumstances, sex offenses are considered felonies and may be subject to so-called “One Strike” laws, which carry a maximum sentence of life imprisonment. An individual defendant’s prison sentence depends on things like: prior convictions; age of the victim; the use of force, threats, violence, or deadly weapons; number of victims; and the relationship of the victim and the offender. (See §§ 288, 261, 262, 264, 264.1, 269, 288.7, 667.61). |
Anything else I should know? |
The following definitions are relevant, and apply, to this crime:
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Statutory Citation(s): |
Cal. Penal Code §§ 261.6, 262, 263, 263.1, 269, 288.7 |
Sodomy | Answer |
How is it defined? |
The crime of sodomy is defined as sexual conduct consisting of contact between the penis of one person and the anus of another person. Any sexual penetration, however slight, is sufficient to complete the crime of sodomy. |
What are the punishments for this crime? |
An offender guilty of the crime of sodomy is subject to a prison sentence. The prison sentences vary depending on the nature of the crime, as follows
Note: California has detailed and complicated sentencing guidelines for sex offenses. Under certain circumstances, sex offenses are considered felonies and may be subject to so-called “One Strike” laws, which carry a maximum sentence of life imprisonment. An individual defendant’s prison sentence depends on things like: prior convictions; age of the victim; the use of force, threats, violence, or deadly weapons; number of victims; and the relationship of the victim and the offender. (See §§ 288, 261, 262, 264, 264.1, 269, 288.7, 667.61). Additionally, beginning on January 1, 2018, there will no longer be a $70 fine |
Anything else I should know? |
The following definitions are relevant, and apply, to this crime:
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Statutory citation(s): |
Cal. Penal Code §§ 286, 269, 288.7, 1170 |
Forcible Acts of Sexual Penetration | Answer |
How is it defined? |
An offender commits the crime of forcible acts of sexual penetration by committing an act of sexual penetration under any of the following circumstances:
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What are the punishments for this crime? |
An offender guilty of the crime of forcible acts of sexual penetration is subject to a prison sentence which varies depending on the nature of the crime, in accordance with the following:
Note: California has detailed and complicated sentencing guidelines for sex offenses. Under certain circumstances, sex offenses are considered felonies and may be subject to so-called “One Strike” laws, which carry a maximum sentence of life imprisonment. An individual defendant’s prison sentence depends on things like: prior convictions; age of the victim; the use of force, threats, violence, or deadly weapons; number of victims; and the relationship of the victim and the offender. (See §§ 288, 261, 262, 264, 264.1, 269, 288.7, 667.61) |
Anything else I should know? |
The following definitions are relevant, and apply, to this crime:
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Statutory citation(s): |
Cal. Penal Code §§ 289, 269, 288.7, 1170 |
Oral Copulation | Answer |
How is it defined? |
The crime of oral copulation involves copulating the mouth of one person with the sexual organ or anus of another person. |
What are the punishments for this crime? |
An offender guilty of the crime of oral copulation is subject to a prison sentence which varies depending on the nature of the crime, in accordance with the following:
Note: California has detailed and complicated sentencing guidelines for sex offenses. Under certain circumstances, sex offenses are considered felonies and may be subject to so-called “One Strike” laws, which carry a maximum sentence of life imprisonment. An individual defendant’s prison sentence depends on things like: prior convictions; age of the victim; the use of force, threats, violence, or deadly weapons; number of victims; and the relationship of the victim and the offender. (See §§ 288, 261, 262, 264, 264.1, 269, 288.7, 667.61) |
Anything else I should know? |
The following definitions are relevant, and apply, to this crime:
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Statutory Citation(s): |
Cal. Penal Code §§ 287, 269, 288.7, 1170 |
Sexual Battery | Answer |
How is it defined? |
An offender commits the crime of sexual battery in the following circumstances:
Sexual battery does not include rape or forcible acts of sexual penetration; these are separate crimes. Note: there is an amendment to this law currently pending in the California Senate. The amendment would criminalize the following acts: intentionally removing or tampering with a condom without consent, when there was an agreement to use a condom; providing a third party with a condom that the offender knew had been tampered with; and knowingly misrepresenting to the victim that a form of contraception other than a condom is being used. See 2017 California Assembly Bill No. 1033, California 2017-2018 Regular Session. |
What are the punishments for this crime? |
The punishment for sexual battery depends on the circumstances of the crime, as follows:
Note: California has detailed and complicated sentencing guidelines for sex offenses. Under certain circumstances, sex offenses are considered felonies and may be subject to so-called “One Strike” laws, which carry a maximum sentence of life imprisonment. An individual defendant’s prison sentence depends on things like: prior convictions; age of the victim; the use of force, threats, violence, or deadly weapons; number of victims; and the relationship of the victim and the offender. (See §§ 288, 261, 262, 264, 264.1, 269, 288.7, 667.61) |
Anything else I should know? |
The following definitions are relevant, and apply, to this crime:
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Statutory citation(s): |
Cal. Penal Code §§ 243.4, 269, 288.7, 1170 |
Unlawful Sexual Acts Procured By Fraud or False Pretenses | Answer |
How is it defined? |
An offender unlawfully procures consent to sexual acts by false or fraudulent representation with intent to create fear under the following circumstances:
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What are the punishments for this crime? |
This crime is punishable by either imprisonment in a county jail for not more than 1 year, or imprisonment in a state prison for 2, 3, or 4 years. |
Anything else I should know? |
The following definitions are relevant, and apply, to this crime:
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Statutory citation(s): |
Cal. Penal Code §§ 266c, 269, 288.7, 1170 |
Aggravated Sexual Assault of a Child | Answer |
How is it defined? |
An offender commits aggravated sexual assault of a child by committing the following crimes on a child under the age of 14 years old who is 7 or more years younger than the offender:
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What are the punishments for this crime? |
Aggravated sexual assault of a child is a felony, and it is punishable by imprisonment in state prison for 15 years to life. Further, an offender is subject to consecutive sentences for each offense under section 269 of the California Penal Code, whether the crimes involve separate victims or the same victim on separate occasions. |
Anything else I should know? |
Technically, aggravated sexual assault of a child is a sentencing modification of the crimes of rape, sodomy, oral copulation, or forcible acts of sexual penetration. For more information, see the sections on those specific crimes. |
Statutory citation(s): |
Cal. Penal Code § 269 |
Sexual Acts with a Child 10 Years or Younger | Answer |
How is it defined? |
When the offender is at least 18 years old and the victim is 10 years old or younger, and the offender commits the crime of rape, sodomy, or oral copulation, the crimes are re-classified as sexual acts with a child 10 years or younger. |
What are the punishments for this crime? |
When the offender is at least 18 years old and engages in sexual intercourse or sodomy with a child who is 10 years of age or younger, the punishment is imprisonment for 25 years to life. When the offender is at least 18 years old and engages in oral copulation or sexual penetration with a child who is 10 years of age or younger, the punishment is imprisonment for 15 years to life. |
Anything else I should know? |
Technically, sexual acts with a child 10 years or younger consists of sentencing modifications to the crimes of rape, sodomy, oral copulation, or forcible acts of sexual penetration. For more information, see the sections on those specific crimes. |
Statutory citation(s): |
Cal. Penal Code § 288.7 |
Unlawful Sexual Intercourse With a Person Under 18 | Answer |
How is it defined? |
The crime of “unlawful sexual intercourse with a person under 18” consists of an act of sexual intercourse accomplished with a victim who is not the spouse of the perpetrator, if the victim is a minor and the perpetrator is an “adult” person who is at least 18 years of age There are also additional laws in California that criminalize other sexual acts with minors, including laws surrounding sodomy, sexual penetration, and oral copulation. |
What are the punishments for this crime? |
The punishments for unlawful sexual intercourse with a person under 18 vary depending on the age of the offender and the age of the victim. Prison sentences:
Additionally, where an adult offender is convicted of this crime, he or she may be subject to the following civil penalties:
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Anything else I should know? |
The following definitions are relevant, and apply, to this crime:
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Statutory citation(s): |
Cal. Penal Code §§ 261.5, 269, 288.7, 1170 |