Penal Code 266c PC - Unlawful Sexual Intercourse
Generally, sexual intercourse that does not have the full voluntary consent of both parties is against the law. Thus, California Penal Code 266c PC makes it a crime to use pretenses of fear to induce someone to engage in sex. Depending on the case facts, you could spend up to four years in state prison if convicted of this crime.
PC 266c says, "Every person who induces any other person to engage in sexual intercourse, sexual penetration, oral copulation, or sodomy when his or her consent is procured by false or fraudulent representation or pretense that is made with the intent to create fear, and which does induce fear, and that would cause a reasonable person in like circumstances to act contrary to the person's free will, and does cause the victim to act so, is punishable by imprisonment in a county jail for not more than one year or in the state prison for two, three, or four years."
As used in this section, "fear" means the fear of physical injury or death to the person or any relative of the person or member of the person's family."
Simply put, fear in the context of this law means fear of physical injuries, like making threats of harm if they don't engage in the sex act with you. This crime includes rape, sodomy, and oral copulation.
A closely related crime is Penal Code 266 PC enticing a child to prostitution, which makes it a crime to entice a minor into a brothel for prostitution or fraudulently procure them to have sexual intercourse with another person.
PC 266 says, "A person who inveigles or entices a person under 18 years of age into a house of ill fame, or of assignation, or elsewhere, for the purpose of prostitution, or to have illicit carnal connection with another person, and a person who aids or assists in that inveiglement or enticement, and a person who, by any false pretenses, false representation, or other fraudulent means, procures a person to have illicit carnal connection with another person, is punishable by imprisonment in the state prison, or by imprisonment in a county jail not exceeding one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment."
What Does the Law Say?
As noted, PC 266c makes it a crime to engage in sex with another person when you have been given "consent" through "false or fraudulent representation or pretense that is made with the intent to create fear, and which does induce fear, and that would cause a reasonable person in like circumstances to act contrary to the person's free will."
The primary reason behind this law is that consent obtained by deceit or fear is not true and voluntary. To convict, the district attorney must prove beyond a reasonable doubt all the elements of the crime, including the following:
- You engaged in the act of sexual intercourse with another person,
- Against their will,
- Consent was obtained by false or fraudulent representation, and
- The sex act was committed by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury to the victim or someone else.
Suppose a man meets a girl online, and they agree to go out on a date. When the night is over, the man pressures her to engage in sexual intercourse with him, invoking fear by telling her she would regret telling him no.
She is now afraid for her safety and reluctantly agrees to have sex with him. In this example, the man can be charged with unlawful sexual intercourse under PC 266c.
Unlawful Sexual Intercourse - Quick Facts
- Sex acts that fall under the category of "unlawful sexual intercourse" include Penal Code 261 PC rape, Penal Code 287 PC oral copulation, and Penal Code 286 PC sodomy.
- Any other illegal sexual acts will fall under different laws.
- The term "fear" in the context of this law means fear of personal injury or death, along with fear of injury or death to any relative or family member of the victim.
- Fear also includes threats of harm or death to the victim or their loved ones.
How Is PC 266c Different from PC 261 Rape?
California Penal Code 261 PC defines the crime of rape as an act of sexual intercourse accomplished under different circumstances, such as "against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another."
It is sexual intercourse without consent, meaning the victim never consents, is unable to consent, or is coerced into consenting through force, fraud, overt threats of harm, etc.
PC 266c unlawful sexual intercourse involves a different form of manipulation on the perpetrator's part, such as "fraudulent representation or pretense" that evokes fear rather than force or a direct threat.
Thus, sometimes the district attorney might choose to file charges on someone using PC 266c versus PC 261 rape in cases where proving the victim's consent was forced is more challenging.
What Are Related Laws?
Several California laws are related to Penal Code 266c unlawful sexual intercourse, such as the following:
- Penal Code 266 PC enticing a child to prostitution. This law makes it a crime to entice a minor into a brothel for the purpose of prostitution.
- Penal Code 288 PC lewd acts with a minor law. This law makes it a felony to engage in lewd and lascivious acts with a child under 14.
- Penal Code 288.2 PC sending harmful matter to seduce a minor. It's a crime to distribute harmful material of a sexual nature to minors.
- Penal Code 288.3 PC contacting a minor to commit a felony. It's also a crime to make any attempts to persuade a minor to commit a felony.
- Penal Code 288.4 PC arranging a meeting with a minor for lewd purposes law. This law prohibits coordinating a meeting with a minor for lewd purposes, even if the meeting never occurs.
- Penal Code 266h and 266i PC pimping and pandering law. This law makes it a crime to collect money from a prostitute's work or persuade someone to remain or become a prostitute.
- Penal Code 236.1 PC human trafficking. This law prohibits depriving someone of their liberty with the intent to violate pimping and pandering laws and child pornography laws. It's a form of sex trafficking.
What Are the PC 266c Penalties?
PC 266c violations are " wobblers" that can be filed as either misdemeanors or felonies, depending on the case details and your criminal record, with the following punishments:
- Misdemeanors carry up to one year in county jail and a $1,000 fine.
- Felonies carry two, three, or four years in state prison and a $10,000 fine.
- Mandatory registration as a sex offender where your name and address will publicly appear in the state's Sex Offender Registry.
What Are the PC 266c Defenses?
Our California sex crime defense lawyers can use different strategies against allegations of unlawful sexual intercourse.
For example, since a false or fraudulent representation must create the victim's fear in such cases, a common defense is to show anything that helps prove no such representation was made.
We can argue that there was a lack of intent. Perhaps your words and actions were not intended to create fear or to rob them of willful consent.
Maybe we can argue that the representation was not false or fraudulent. Perhaps you made truthful statements, and the victim's fear was unfounded or without basis.
Maybe we can argue that the alleged victim consented to sexual intercourse without pretense. Maybe they willingly agreed to have sex without any coercion or false pretense. Perhaps you are the victim of false accusations.
Maybe we can negotiate with the district attorney for reduced charges and case dismissal or persuade them not to file formal criminal charges through negotiation, which is called a "DA reject." Contact us for more information. The Hedding Law Firm is based in Los Angeles, CA.
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