(a)The provisions of Section 264 notwithstanding, when the defendant, voluntarily acting in concert with another person, by force or violence and against the will of the victim, committed an act described in Section 261 or 289, either personally or by aiding and abetting the other person, that fact shall be charged in the indictment or information and if found to be true by the jury, upon a jury trial, or if found to be true by the court, upon a court trial, or if admitted by the defendant, the defendant shall suffer confinement in the state prison for five, seven, or nine years.
(b)(1)If the victim of an offense described in subdivision (a) is a child who is under 14 years of age, the defendant shall be punished by imprisonment in the state
prison for 10, 12, or 14 years.
(2)If the victim of an offense described in subdivision (a) is a minor who is 14 years of age or older, the defendant shall be punished by imprisonment in the state prison for 7, 9, or 11 years.
(3)This subdivision does not preclude prosecution under Section 269, Section 288.7, or any other law.
Notes of Decisions
Cited in
37
cases (
3 in the last 5 years), 1977–2023 · leading case:
People v. Brown, 11 Cal. App. 5th 332 (Cal. Ct. App. 2017).
People v. Brown, 11 Cal. App. 5th 332 (Cal. Ct. App. 2017).
· cites it 2× “*335 After a jury trial, defendant was found guilty of rape in concert of a minor 14 or older (Pen. Code, §264.1, subd. (b)(2)), forcible rape {icl.”
People v. Guerra, 690 P.2d 635 (Cal. 1984).
· cites it 2× “(Pen. Code, §§ 264.1, 288a, subd. (d).) After two days of testimony the court declared a mistrial as to Murkidjanian because of the introduction of inadmissible and prejudicial hearsay evidence against him.”
People v. N.C.(In re N.C.), 251 Cal. Rptr. 3d 629 (Cal. Ct. App. 5th 2019).
“(b)(1) ) (count one); rape in concert ( Pen. Code, § 264.1 ) (count two); forcible oral copulation in concert ( Pen.”
People v. Adams, 239 Cal. Rptr. 3d 2 (Cal. Ct. App. 5th 2018).
“(b)(1) ); assault by means of force likely to produce great bodily injury (former § 245, subd.”
United States v. Bolanos-Hernandez, 492 F.3d 1140 (9th Cir. 2007).
“Code § 602(b)(2)(C); Cal.Penal Code § 264.1 (referring to sexual intercourse or penetration by force or violence); Me.”
People v. Jones, 97 Cal. Daily Op. Serv. 8151 (Cal. Ct. App. 1997).
“(Pen. Code, § 264.1.) 4. Lewd and lascivious act upon a child under age 14, when committed by force, violence, duress, menace, or fear of immediate bodily injury to the victim or another person.”
People v. Covino, 100 Cal. App. 3d 660 (Cal. Ct. App. 1980).
“Code, § 261), or rape in concert (Pen. Code, § 264.1). A trial court has discretion to exclude proffered evidence under Evidence Code section 352 even though it is admissible.”
People v. Ramirez, 189 Cal. App. 3d 603 (Cal. Ct. App. 1987).
“1 that appellants voluntarily acted in concert with each other in the commission of the offense.”
People v. Whitlock, 2003 Cal. Daily Op. Serv. 9949 (Cal. Ct. App. 2003).
“(a)(1)); rape in concert (Pen. Code, § 264.1); sodomy (Pen. Code, § 286); lewd and lascivious acts upon a child under age 14 (Pen.”
People v. Gutierrez, 2003 Cal. Daily Op. Serv. 9518 (Cal. Ct. App. 2003).
“Gutierrez was found guilty of forcible sexual penetration by a foreign object while acting in concert (Pen. Code, § 264.1) 2 and two counts of forcible oral copulation (§ 288a, subd.”
People v. Best, 143 Cal. App. 3d 232 (Cal. Ct. App. 1983).
· cites it 2× “Penal Code section 264.1 may superficially appear to be an enhancement, because it speaks of the “fact” of concerted action being charged and “found to be true.”
People v. Clay, 153 Cal. App. 3d 433 (Cal. Ct. App. 1984).
“2) with the allegation that the act was done in concert (Pen. Code, § 264.1), one count of robbery (Pen.”
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