Cal. Codes » Penal Code / PART 1. OF CRIMES AND PUNISHMENTS / TITLE 8. OF CRIMES AGAINST THE PERSON / CHAPTER 6. Assaults With Intent to Commit Felony, Other Than Assaults With Intent to Murder
California Codes

Cal. Penal Code § 220 (2026)

Assaults With Intent to Commit Felony, Other Than Assaults With Intent to Murder

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(a)(1)Except as provided in subdivision (b), any person who assaults another with intent to commit mayhem, rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 shall be punished by imprisonment in the state prison for two, four, or six years.

(2)Except as provided in subdivision (b), any person who assaults another person under 18 years of age with the intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 shall be punished by imprisonment in the state prison for five, seven, or nine years.

(b)Any person who, in the commission of a burglary of the first degree, as defined in subdivision (a) of Section 460, assaults another with intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 shall be punished by imprisonment in the state prison for life with the possibility of parole.

Notes of Decisions
Cited in 255 cases (66 in the last 5 years), 1884–2026 · leading case: People v. Earle, 172 Cal. App. 4th 372 (Cal. Ct. App. 2009).
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People v. Earle, 172 Cal. App. 4th 372 (Cal. Ct. App. 2009). · cites it 6× “Charges and Proceedings Defendant was charged by information with assault accompanied by intent to commit rape (Pen. Code, § 220), assault using a deadly weapon (Pen.”
United States v. Bolanos-Hernandez, 492 F.3d 1140 (9th Cir. 2007). · cites it 7× “We hold that Bolanos’ prior California crime of assault with intent to commit rape, in violation of CaLPenal Code §§ 220 and 261(a)(2), is a crime of violence under United States Sentencing Guidelines (“U.”
People v. Falsetta, 986 P.2d 182 (Cal. 1999). · cites it 2× “(c)), assault with the intent to rape (Pen.Code, § 220), assault with force likely to cause great bodily injury (Pen.”
David Clinton Hatton v. Edward Bonner, 356 F.3d 955 (9th Cir. 2004). · cites it 3× “FACTUAL AND PROCEDURAL BACKGROUND In 1981, Petitioner was convicted of assault with intent to commit oral copulation, in violation of California Penal Code § 220. He was sentenced to a four-year prison term and was released in 1983.”
People v. Davis, 896 P.2d 119 (Cal. 1995). · cites it 2× “(Pen. Code, §§ 220, 261, subd. (2), & 286.”
People v. Pierce, 104 Cal. App. 4th 893 (Cal. Ct. App. 2002). · cites it 3× “Here we hold, among other things, that assault with intent to commit rape (Pen. Code, § 220) is a sexual offense within the meaning of Evidence Code section 1108.”
People v. Collins, 577 P.2d 1026 (Cal. 1978). · cites it 2× “Code, § 261), three counts of assault with intent to commit rape (Pen. Code, § 220), and three counts of forcible oral copulation (Pen.”
People v. Super. Ct., 215 Cal. App. 4th 1279 (Cal. Ct. App. 2013). “Code, § 236); (2) assault with intent to commit rape or other enumerated offense (Pen. Code, § 220); and (3) criminal threats (Pen.”
Merced Mut. Ins. v. Mendez, 213 Cal. App. 3d 41 (Cal. Ct. App. 1989). · cites it 2× “According to appellants, this mistaken belief “alter[s] the very character of the act itself’ and renders it accidental.”
People v. Johnson, 235 Cal. App. 4th 80 (Cal. Ct. App. 2015). · cites it 3× “In 1984, he pleaded guilty to one count of assault with intent to commit rape (Pen. Code, §§ 220, 261) of a 24-year-old woman.”
Robert Eugene Beene v. Cal A. Terhune James Nielson Roger Schaufel J.M. Widener, 380 F.3d 1149 (9th Cir. 2004). · cites it 2× “Among the “offenses described in subparagraph (A)” *1152 of § 290(a)(2) is California Penal Code § 220, which sets forth the punishment for assault with intent to commit rape, the same offense of which Beene was convicted in Arkansas in 1972.”
United States v. Vidal, 504 F.3d 1072 (9th Cir. 2007). “A first complaint, which was dismissed before trial, charged the defendant with "violations of Penal Code section 207 (kidnaping), Penal Code section 220 (assault with intent to commit rape) and Vehicle Code section 10851 (theft of an automobile).”
Show all 255 citing cases →
Cal. Penal Code § 220(a): 3 cases
People v. Islas-Contreras, No. B266014 (Cal. Ct. App. Sept. 21, 2016).
United States v. Carlos Lobo, 694 F. App'x 310 (5th Cir. 2017).
Al Khafaji v. Koenig, No. 3:19-cv-02413 (S.D. Cal. Apr. 2, 2020).
Cal. Penal Code § 220(a)(1): 1 case
People v. Shamasha, No. D079363 (Cal. Ct. App. Dec. 2, 2022).
Cal. Penal Code § 220(b): 1 case
People v. Littlejohn, No. D084361 (Cal. Ct. App. Dec. 10, 2025).
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