Penal Code 269 PC - Aggravated Sexual Assault of a Child

Penal Code 269 PC is the California statute that makes it a crime for a person to commit an aggravated sexual assault with a child. A party will do this act if he:

  1. commits a “certain crime” with a child (as listed within the code section),
  2. the child is under the age of 14, and
  3. the child is 7 or more years younger than the defendant.

Certain crimes” under PC 269 include offenses like:

Examples of illegal acts under this statute include:

  • Carlos, age 47, rapes a 12-year-old girl.
  • Beth, a 35-year-old mom, sexually penetrates her 13-year-old baby sitter.
  • Jerome, 25, sodomizes his 12-year-old neighbor.

Defenses

Luckily, there are several legal defenses that a person can raise if accused under this code section. These include showing that:

  • a victim was not a “child,”
  • the defendant was not guilty of a Penal Code 269 offense, and
  • the defendant was arrested after a coerced confession.

Penalties

Aggravated sexual assault of a child is charged as a felony under California law (as opposed to a misdemeanor or an infraction). The crime is punishable by imprisonment in the California state prison for 15 years to life.

In addition, a person guilty of this crime must register as a California sex offender for the rest of his life.

Our California criminal defense attorneys will highlight the following in this article:

adult holding child
Penal Code 269 PC is the California statute that makes it a crime for a person to commit an aggravated sexual assault with a child.

1. What is the legal definition of aggravated sexual assault of a child?

Penal Code 269 PC is the California statute that says a person is guilty of aggravated sexual assault with a child if he:

  1. commits a certain crime with a child (as listed within the code section),
  2. the child is under the age of 14, and
  3. the child is 7 or more years younger than the defendant.1

Certain crimes” under PC 269 include the offenses of:

2. Legal Defenses

A person can try to challenge a PC 269 accusation by raising a legal defense. A legal defense may work to reduce or dismiss a charge of aggravated sexual assault of a child.

Three common defenses to Penal Code 269 charges include:

  1. no child victim;
  2. not guilty of a Penal Code 269 offense; and/or,
  3. coerced confession.

2.1 No child victim

A defendant is only guilty under PC 269 if he performs a certain offense with a “child.” The code section defines this term as a person under the age of 14. This means that if an alleged victim is 14 years of age or older, an accused cannot be guilty of this crime.

Further, PC 269 says that an alleged victim has to be seven or more years younger than the defendant. It is a defense, therefore, for an accused to say that he was only younger than a victim by one to six years.

2.2 Not guilty of a Penal Code 269 offense

Aggravated sexual assault of a child can only be charged if a defendant committed one of the offenses listed within the statute (e.g., rape, sodomy, or sexual penetration). It is always a legal defense then for an accused to say that he is innocent because he did not commit one of these listed crimes. Maybe, for example, the accused assaulted a child, in violation of Penal Code 240, but he never raped her.

2.3 Coerced confession

This defense applies to the situation where a defendant was charged under PC 269 following a confession.

California law states that police may not use overbearing measures to coerce a confession.

If a party can show that the police coerced him into a confession, then:

  1. the judge may exclude the confession from evidence; or,
  2. the case could get dropped altogether if the party got pressured into confessing to a crime he didn't commit.
man behind bars
A violation of this law can result in a prison sentence

3. Penalties, punishment, and sentencing

A defendant guilty of aggravated sexual assault of a child will have to face:

  1. a prison sentence,
  2. registration as a sex offender, and
  3. the possibility of consecutive prison terms.

3.1 Prison Sentence

A violation of Penal Code 269 is charged as a felony under California law. The crime is punishable by imprisonment in the California state prison for 15 years to life.3

Note that in lieu of prison time, a judge may order a defendant to felony (or formal) probation.

3.2 Registration as a sex offender

California Penal Code 290 PC (known as the Sex Offender Registration Act) requires certain offenders to register as a sex offender. Under this act, the crime of aggravated sexual assault of a child is listed as a “Tier 3” offense. This means that a person guilty under PC 269 will have to register as a sex offender for the rest of his life.4

3.3 Consecutive prison terms

A party guilty under PC 269 may have to face consecutive prison terms.5 This applies to those persons that are convicted of two (or more) counts of aggravated sexual assault of a child and:

  • there is more than one victim, or
  • there is one victim, but assaults took place on separate occasions.6

If consecutive prison terms are imposed, a convict must serve the prison term for one PC 269 offense immediately after any other PC 269 sentences.

4. Related offenses

There are three laws related to aggravated sexual assault of a child. These are:

  1. lewd acts on a minor child – PC 288;
  2. continuous sexual abuse of a child – PC 288.5; and,
  3. rape – PC 261.

4.1 Lewd acts on a minor child – PC 288

Penal Code 288 is the California statute that defines the crime of “lewd acts with a minor child.”

The section defines a “lewd act” as either:

  • touching a child for sexual purposes, or
  • causing a child to touch him/herself or someone else for a sexual purpose.7

Technically, this section applies when the victim is anyone under the age of 16.8

The penalties for violating PC 288 will vary depending on such factors as:

  • the age of the child,
  • whether the lewd act was accomplished by force, violence, duress, or threats, and
  • whether there was a pattern of lewd acts.

Please note, though, that penalties may include both:

  • imprisonment, and
  • substantial fines.9

4.2 Continuous sexual abuse of a child – PC 288.5

Penal Code 288.5 defines the crime of continuous sexual abuse of a child. A person commits this crime if he or she

  1. lives with, or has recurring access to, a child under 14 years old, and
  2. over the course of 3 months or longer, commits (on the child) three or more acts of either
  • substantial sexual contact or
  • lewd acts.10

A violation of PC 288.5 is charged as a felony under California law. The crime is punishable by imprisonment in the state prison for:

  • six years,
  • 12 years, or
  • 16 years11.

4.3 Rape – PC 261

Rape is a crime under Penal Code 261. PC 261 defines the crime of "rape" as nonconsensual sexual intercourse accomplished by means of either:

  • threats, force, or fraud, or
  • with a victim who is unconscious or incapable of consenting.12

A violation of PC 261 is charged as a felony under California law. The crime is punishable by imprisonment in the state prison for:

  • three years,
  • six years, or
  • eight years.13

Were you accused of aggravated sexual assault of a child in California? Call us for help…

california child sexual assault legal defense
Call us for help at (855) LAW-FIRM

If you or someone you know has been accused of a crime, per Penal Code 269 PC, we invite you to contact us for a free consultation. We can be reached 24/7 at 855-LawFirm.


Legal References:

  1. California Penal Code 269(a) PC. This code section states: “(a) 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. See same.

  3. California Penal Code 269(b) PC.

  4. California Penal Code 290 PC.

  5. California Penal Code 269(c) PC.

  6. See same.

  7. California Penal Code 288(a) PC.

  8. California Penal Code 288(c)(1) PC.

  9. California Penal Code 288 PC.

  10. California Penal Code 288.5 PC.

  11. See same.

  12. California Penal Code 261 PC.

  13. See same.

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