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
California Codes

Cal. Penal Code § 266c (2026)

✓ current as of May 2026
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Every person who induces any other person to engage in sexual intercourse, sexual penetration, oral copulation, or sodomy when his or her consent is procured by false or fraudulent representation or pretense that is made with the intent to create fear, and which does induce fear, and that would cause a reasonable person in like circumstances to act contrary to the person’s free will, and does cause the victim to so act, is punishable by imprisonment in a county jail for not more than one year or in the state prison for two, three, or four years.

As used in this section, “fear” means the fear of physical injury or death to the person or to any relative of the person or member of the person’s family.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1972–2026 · leading case: United States v. Alexander, 802 F.3d 1134 (10th Cir. 2015).
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United States v. Alexander, 802 F.3d 1134 (10th Cir. 2015). · cites it 11× “Cal. Penal Code § 266c (2014). The statute defines fear as “the fear of physical injury or death to the person or to any relative of the person or member of the person’s family.”
People v. Navarro, 497 P.2d 481 (Cal. 1972). “It is reasonable to conclude that in enacting section 3052, the Legislature intended to include only such offenses as were made felonies by statute or by sentence, and to include offenses which are made felonies irrespective of sentence.”
State v. Schad, 795 P.2d 406 (Kan. 1990). · cites it 2× “" Cal. Penal Code § 266c (West 1988). The California code defines sodomy and oral copulation: "Sodomy; punishment (a) Sodomy is sexual conduct consisting of contact between the penis of one person and the anus of another person.”
People v. Silva CA4/2 (Cal. Ct. App. 2026). “(Pen. Code, § 266c.) The terms of the plea agreement included a grant of formal probation (24 months), provided that defendant served a six-month jail sentence and abided by his probation terms and conditions.”
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