SB 922, as introduced, Knight. Sex offenses: disabled victims.
Under existing law, a person who commits rape against a person incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, where that fact is known or reasonably should be known by the person committing the act, shall be punished by imprisonment in the state prison for 3, 6, or 8 years. Under existing law, a person who commits that crime voluntarily acting in concert with another person, by force or violence and against the will of the victim, shall be punished by imprisonment in the state prison for 5, 7, or 9 years.
This bill would instead make these crimes punishable by imprisonment in the state prison for 9, 11, or 13 years, and 10, 12, or 14 years, respectively.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 264 of the Penal Code is amended to
2read:
(a) Except as provided in subdivision (c), rape, as defined
4in Section 261 or 262, is punishable by imprisonment in the state
5prison for three, six, or eight years.
P2 1(b) In addition to any punishment imposed under this section
2the judge may assess a fine not to exceed seventy dollars ($70)
3against any person who violates Section 261 or 262 with the
4proceeds of this fine to be used in accordance with Section 1463.23.
5The court shall, however, take into consideration the defendant’s
6ability to pay, and no defendant shall be denied probation because
7of his or her inability to pay the finebegin delete permittedend deletebegin insert
authorizedend insert under
8this subdivision.
9(c) (1) Any person who commits rape in violation of paragraph
10(2) of subdivision (a) of Section 261 upon a child who is under 14
11years of age shall be punished by imprisonment in the state prison
12for 9, 11, or 13 years.
13(2) Any person who commits rape in violation of paragraph (2)
14of subdivision (a) of Section 261 upon a minor who is 14 years of
15age or older shall be punished by imprisonment in the state prison
16for 7, 9, or 11 years.
17(3) Any person who commits rape in violation of paragraph (1)
18of subdivision (a) of Section 261 shall be punished by imprisonment
19in the state prison for 9, 11, or 13 years.
20(3)
end delete
21begin insert(4)end insert This subdivision does not preclude prosecution under Section
22269, Section 288.7, or any other provision of law.
Section 264.1 of the Penal Code is amended to read:
(a) The provisions of Section 264 notwithstanding, in
25any case in which the defendant, voluntarily acting in concert with
26another person, by force or violence and against the will of the
27victim, committed an act described in Section 261, 262, or 289,
28either personally or by aiding and abetting the other person, that
29fact shall be charged in the indictment or information and if found
30to be true by the jury, upon a jury trial, or if found to be true by
31the court, upon a court trial, or if admitted by the defendant, the
32defendant shall suffer confinement in the state prison for five,
33seven, or nine years.
34(b) (1) If the victim of an offense described in subdivision (a)
35is a child who is under 14 years of age, the defendant shall be
36punished by
imprisonment in the state prison for 10, 12, or 14
37years.
38(2) If the victim of an offense described in subdivision (a) is a
39minor who is 14 years of age or older, the defendant shall be
40punished by imprisonment in the state prison for 7, 9, or 11 years.
P3 1(3) If the victim of an offense described in subdivision (a) is a
2person incapable, because of mental disorder or developmental
3or physical disability, of giving legal consent, and this is known
4or reasonably should be known to the person committing the act,
5the defendant shall be punished by imprisonment in the state prison
6for 10, 12, or 14 years.
7(3)
end delete
8begin insert(end insertbegin insert4)end insert This subdivision does not preclude prosecution under Section
9269, Section 288.7, or any other provision of law.
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