Cal. Codes
» Penal Code / PART 1. OF CRIMES AND PUNISHMENTS / TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS / CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction
(a)Except as provided in subdivision (c), rape, as defined in Section 261 or former Section 262, is punishable by imprisonment in the state prison for three, six, or eight years.
(b)In addition to any punishment imposed under this section the judge may assess a fine not to exceed seventy dollars ($70) against a person who violates Section 261 or former Section 262 with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of the defendant’s inability to pay the fine permitted under this subdivision.
(c)(1)A person who commits
rape in violation of paragraph (2) of subdivision (a) of Section 261 upon a child who is under 14 years of age shall be punished by imprisonment in the state prison for 9, 11, or 13 years.
(2)A person who commits rape in violation of paragraph (2) of subdivision (a) of Section 261 upon a minor who is 14 years of age or older 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
54
cases (
6 in the last 5 years), 1942–2025 · leading case:
In Re Foss, 519 P.2d 1073 (Cal. 1974).
In Re Foss, 519 P.2d 1073 (Cal. 1974).
· cites it 2× “Code, § 464), rape with great bodily injury (Pen. Code, § 264), arson on a dwelling (Pen.”
People v. Mayberry, 542 P.2d 1337 (Cal. 1975).
“2 & 3 [3 years to life (Pen. Code, §§ 264, 671)]) and the serious loss of reputation following conviction make it extremely unlikely that the Legislature intended to exclude as to those offenses the element of wrongful intent.”
People v. Rincon-Pineda, 538 P.2d 247 (Cal. 1975).
“) Defendant was sentenced to state prison for the terms prescribed by law, to be served concurrently, the longest such term of imprisonment being the three-years-to-life prescribed for rape (Pen. Code, § 264). II There were in fact two trials of defendant.”
People v. Shaw, 237 Cal. App. 2d 606 (Cal. Ct. App. 1965).
· cites it 2× “) He first points out that under the charge of forcible rape he was punishable by, and in fact was sentenced to, imprisonment in the state prison for a term of not less than three years (Pen. Code, § 264), which under the provisions of section 671 of the Penal Code subjected and…”
People v. Soto, 981 P.2d 958 (Cal. 1999).
“A jury acquitted defendant of both the forcible rape charge and knife use allegation, but found him guilty of attempted rape, a lesser included offense, for which he was sentenced to the middle term of three years in prison (Pen.”
In Re Caudillo, 610 P.2d 1021 (Cal. 1980).
· cites it 2× “Here, however, [this] court did not remand the matter for resentencing despite the fact that had it done so the trial court could have recouped a portion of the period lost through the striking of the great bodily injury enhancement by vacating its stay of execution of its…”
Donaldson v. Dep't of Real Est., 2005 Cal. Daily Op. Serv. 10383 (Cal. Ct. App. 2005).
“(Pen. Code, § 264, subd. (a).) Licensee’s offense was a “wobbler,” i.”
People v. Richardson, 23 Cal. App. 3d 403 (Cal. Ct. App. 1972).
· cites it 2× “That the Legislature intended a substantial injury in the relevant paragraph of section 213 is shown by comparison with a similar statute relating to punishment for rape (Pen. Code, § 264), which was enacted contemporaneously.”
Carlos Rene Rivas-Gomez v. Alberto R. Gonzales, Attorney Gen., 441 F.3d 1072 (9th Cir. 2006).
“436(a), at between 5 and 20 years); Cal. Pen.Code § 264 (Deering 2004) (stating that the crime of "rape” as defined in § 261, see supra note 1, is "punishable by imprisonment in the state prison for three, six, or eight years”) with Cal.”
People v. McGahuey, 121 Cal. App. 3d 524 (Cal. Ct. App. 1981).
“(Pen. Code, § 264.) Count III, assault, resulted in one year, which was also one-third of the middle term.”
People v. Beasley, 5 Cal. App. 3d 617 (Cal. Ct. App. 1970).
“Jackson entered his plea of guilty to the first count, was denied probation and was sentenced to state prison for the term prescribed by law (three years to life, Pen. Code, §§ 264 and 671), with the minimum term reduced to six months, pursuant to the provisions of section 1202b…”
In Re Jones, 35 Cal. App. 3d 531 (Cal. Ct. App. 1973).
· cites it 2× “(b); rape (Pen. Code, § 264); and burglary if bodily harm is inflicted (Pen.”
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