Penal Code 261 PC – Rape (Sexual Assault)

California Penal Code Section 261 defines the crime of rape, also referred to as sexual assault. Here is the text of Penal Code Section 261:

“261. (a) Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following circumstances:

–1) Where a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act. Notwithstanding the existence of a conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a mental disorder or developmental or physical disability rendered the alleged victim incapable of giving consent.

–2)Where it is accomplished 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.

–3)Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused.

–4)Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph, “unconscious of the nature of the act” means incapable of resisting because the victim meets one of the following conditions:

a)Was unconscious or asleep.

b)Was not aware, knowing, perceiving, or cognizant that the act occurred.

c.)(1)Except as provided in paragraph (2), rape in violation of subdivision (a) is punishable by imprisonment in the state prison for three, six, or eight years.

(2) (A) If the victim at the time of the commission of the offense is at least 14 years of age but less than 18 years of age and the offender is at least 10 years older than the victim, the offense is punishable by imprisonment in the state prison for three, six, or eight years.

(B) If the victim at the time of the commission of the offense is under 16 years of age and the offender is at least 21 years of age, the offense is punishable by imprisonment in the state prison for three, six, or eight years.”

In summary, Penal Code 261 defines rape or sexual assault in California as non-consensual sexual intercourse accomplished under various circumstances, such as when a person is incapable of giving consent due to a mental disorder or physical disability, when force or threats are used, when the victim is incapacitated by drugs or alcohol, or when the victim is unconscious or unaware of the act. The penalties for rape vary depending on the specific circumstances, but generally include imprisonment in the state prison for a period of three, six, or eight years. Enhanced penalties may apply if the victim is a minor or if there is a significant age difference between the victim and the perpetrator.