Penal Code 269 PC | Aggravated Sexual Assault of a Child

Penal Code 269 PC - Aggravated Sexual Assault of a Child

California Penal Code 269 PC defines aggravated sexual assault of a child as committing a sexual act on a child under the age of 14 when the child is at least seven years younger than the defendant. This is one of California law's most severe and severely punished offenses.

Penal Code 269 PC says, “(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.

Penal Code 269 PC - Aggravated Sexual Assault of a Child

California Penal Code 269 PC defines aggravated sexual assault of a child under 14.

(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.

(b) Any person who violates this section is guilty of a felony and shall be punished by 15 years to life in state prison.

(c) 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 the same victim on separate occasions as defined in subdivision (d) of Section 667.6.”

All the sex crimes listed under PC 269(a) are felonies that carry a sentence of 15 years to life in state prison and a requirement to register as a sex offender.

What Is Aggravated Sexual Assault of a Child?

As noted, Penal Code 269 PC describes aggravated sexual assault of a child as the following:

Committing certain sex crimes against a minor under 14,
The perpetrator is at least seven years older than the victim.

The “certain sex crimes” that would qualify as aggravated sexual assault on a child include the following:

Penal Code 261 PC - rape,
Penal Code 264.1 PC - rape in concert,
Penal Code 287 PC - oral copulation by force,
Penal Code 286 PC - sodomy.
Penal Code 289.2 PC - sexual penetration with a foreign object.

While prosecutors charge Penal Code 269 PC as a separate offense, it's often considered an enhancement law because it imposes increased legal penalties greater than the underlying crime.

Simply put, when any of the “certain crimes” above are committed under a minor under 14 when there is at least a seven-year age difference, the charges will be escalated to aggravated sexual assault of a child that carries more severe penalties.

Suppose a 25-year-old man persuades a 13-year-old minor to give him oral sex. In that case, he could be charged with PC 269 aggravated sexual assault with a child because he is at least seven years older than her.

Now, suppose a 19-year-old boy has consensual sexual intercourse with a fifteen-year-old minor. In that case, he would not be charged under PC 269 because of the age difference of only four years, but he could be charged with Penal Code 261.5 statutory rape, regardless of consent.

What Are Related Crimes?

Several California laws are related to Penal Code 269 aggravated sexual assault of a child, including the following:

Penal Code 288 PC – lewd acts with a minor means to touch a child under the age of 14 for sexual purposes or causing a child to touch themselves or someone else for a sexual purpose. The penalties for a conviction will depend on the age of the child, whether the lewd act was accomplished by force, violence, duress, or threats, and if there was a pattern of lewd acts.
Penal Code 261.5 – statutory rape is having sexual intercourse with a minor under 18 who is not your spouse. Consent does not matter because anyone under the age of 18 in California is incapable of consenting to sex.
Penal Code 288.5 PC – continuous sexual abuse of child law is violated when someone who lives with or has recurring access to a minor under 14 years, over three months or longer, commits three or more acts of substantial sexual contact or lewd acts. This felony sex crime carries a sentence of six, 12, or 16 years in state prison.
Penal Code 288.7 PC – sex with a child under 10 law is violated when an adult engages in sexual intercourse, penetration, sodomy, or oral copulation with a child under the age of 10. A conviction for this felony sex crime carries a sentence of up to life in state prison.
Penal Code 647.6 PC – annoying or molesting a child under 18 law is described as conduct which is motivated by a sexual interest in a child, or children generally, and is likely to disturb, irritate, or be observed by a child. This sex crime is known as child molestation,” and does not require physical contact.

What Is the PC 269 Penalties?

A conviction for Penal Code 269 PC aggravated sexual assault is severe and will typically include the following penalties:

A prison sentence of 15 years to life, meaning you must serve at least 15 years before being eligible for parole.
There is a potential for consecutive prison terms, meaning that if you were convicted of more than one count of PC 269, you would have to serve a full and separate sentence for each violation.
Registration as a tier-three sex offender for life under the Sex Offender Registration Act (California Penal Code 290 PC). You must renew with the local police every year within five days of your birthday and every time you move.

Notably, consecutive prison sentencing violating PC 269 is allowed when you are convicted of either two separate occasions of aggravated sexual assault of a child against the same victim or against two or more different victims, regardless of whether they were simultaneous.

Anyone convicted of PC 269 aggravated sexual assault of a child is not eligible for a suspended or split prison sentencing, meaning serving their incarceration in a state prison rather than a county jail or serving part of the time out-of-custody in a work release program or house arrest.

Aggravated sexual assault of a child is considered a crime involving moral turpitude, meaning it could have negative immigration consequences for non-citizens.

What Is the PC 269 Defenses?

If you are accused of PC 269 aggravated sexual assault of a child, our California sex crime defense lawyers can implement one of several defense strategies to challenge the charges, such as the following:

Insufficient evidence,
The victim was over the age of 14,
Coerced confession by police,
False allegation,
Illegal search and seizure

Maybe we can argue the sexual activity was not forced but rather consensual, and we can get the charges reduced to Penal Code 261.5 PC statutory rape.

Maybe we can argue that the victim was over 14 when the act occurred, which could also result in reduced charges with lesser penalties. Likewise, perhaps the age difference was less than seven years.

Perhaps we can argue that the allegations are false and show that they are intentional and related to a contested child custody or divorce case between parents.

Perhaps we can argue that there was a coerced confession, which occurs when police use overzealous investigative techniques. If we can prove it, the judge might exclude the confession from evidence or dismiss the case, especially if you admitted to a crime you didn't commit.

Perhaps we can negotiate with the prosecutor for reduced charges, case dismissal, or persuade them not to file formal criminal charges prefiling (DA reject). Contact our law firm for more information. The Hedding Law Firm is based in Los Angeles, CA.

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Sexual Assault of a Child