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 § 269 (2026)

Rape, Abduction, Carnal Abuse of Children, and Seduction

✓ leginfo export of Sept. 26, 2026 (applied Oct. 1, 2026)
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(a)Any person who commits any of the following acts upon a child who is under 14 years of age and seven or more years younger than the person is guilty of aggravated sexual assault of a child:

(1)Rape, in violation of paragraph (2) or (6) of subdivision (a) of Section 261.

(2)Rape or sexual penetration, in concert, in violation of Section 264.1.

(3)Sodomy, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 286.

(4)Oral copulation, in violation of paragraph (2) or (3) of subdivision (c), or subdivision (d), of Section 287 or former Section 288a.

(5)Sexual penetration, in violation of subdivision (a) of Section 289.

(b)Any person who violates this section is guilty of a felony and shall be punished by imprisonment in the state prison for 15 years to life.

(c)The court shall impose a consecutive sentence for each offense that results in a conviction under this section if the crimes involve separate victims or involve the same victim on separate occasions as defined in subdivision (d) of Section 667.6.

Notes of Decisions
Cited in 174 cases (72 in the last 5 years), 1945–2026 · leading case: People v. Wells, 118 Cal. App. 4th 179 (Cal. Ct. App. 2004).
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People v. Wells, 118 Cal. App. 4th 179 (Cal. Ct. App. 2004). · cites it 2× “(Pen.Code, § 269, subd. (a)(1)); [1] four counts of forcible lewd acts on J.”
People v. RETANAN, 154 Cal. App. 4th 1219 (Cal. Ct. App. 2007). “(counts 15-18) as follows: aggravated sexual assault of a child under 14 years of age (Pen. Code, § 269, subd. (a)(1)—count l), 1 six counts of committing a lewd or lascivious act upon a child under the age of 14 by force or fear (§ 288, subd.”
People v. Stewart, 119 Cal. App. 4th 163 (Cal. Ct. App. 2004). · cites it 2× “(b)(1)), and one count of aggravated sexual assault (Pen. Code, § 269, subd. (a)(4)). He was sentenced under both the one strike law (Pen.”
P. v. Perez, 214 Cal. App. 4th 49 (Cal. Ct. App. 2013). “(a)(1)); (2) sexual penetration of a child under age 14 where he was more than seven years older than the victim (Pen. Code, § 269, subd. (a)(5)); (3) committing a forcible lewd act upon the eight year old, a child under the age of 14 (Pen.”
People v. Perkins, 5 Cal. App. 5th 454 (Cal. Ct. App. 2016). “: Count 1: Aggravated rape of a child (Pen. Code, § 269, subd. (a)(1); 3 Count 3: Forcible lewd act on a child (in the bedroom) (§ 288, subd.”
People v. Quintana, 89 Cal. App. 4th 1362 (Cal. Ct. App. 2001). “(Pen. Code, §§ 269, subd. (a)(5), 289, subd.”
In re Carlos T., 174 Cal. App. 4th 795 (Cal. Ct. App. 2009). “Among other things, the CASA reported that Linsey testified against father in his criminal trial, and that father was found guilty of aggravated child molestation (Pen. Code, § 269), lewd act with a child with great bodily injury (Pen.”
People v. Quintanilla, 170 Cal. App. 4th 406 (Cal. Ct. App. 2009). “1 — aggravated sexual assault (rape) and a forcible lewd act (Pen. Code, §§ 269, subd. (a)(1), 288, subd.”
People v. Reed, 183 Cal. App. 4th 1137 (Cal. Ct. App. 2010). “Appellant Tyrone Lament Reed was convicted by a jury of four counts of aggravated sexual assault of a child (Pen. Code, § 269), 1 one count of forcible oral copulation (§ 288a, subd.”
People v. Uribe, 162 Cal. App. 4th 1457 (Cal. Ct. App. 2008). “Defendant Agustin Santillah Uribe was convicted following a jury trial of two counts of aggravated sexual assault of a child (Pen. Code, §§ 269, 261, subd. (a)(2)), 1 and two counts of lewd or lascivious acts on a child (§ 288, subd.”
United States v. Gallenardo, 579 F.3d 1076 (9th Cir. 2009). “We reach a similar conclusion regarding predicate state sex offenses involving a minor as the victim, as most state statutes do not include federal jurisdictional elements for such crimes.”
Jackson v. Superior Court, 189 Cal. App. 4th 1051 (Cal. Ct. App. 2010). “INTRODUCTION Petitioner Jared Flint Jackson was sentenced in March 2004 to two consecutive terms of 15 years to life following his conviction after a jury trial of two counts of aggravated sexual assault on a child (Pen. Code, § 269) 1 and one count of misdemeanor child…”
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Cal. Penal Code § 269(a): 3 cases
People v. Smittcamp, 161 P.2d 983 (Cal. Ct. App. 1945).
People v. Flores, No. D078725 (Cal. Ct. App. Apr. 27, 2022).
People v. Rodriguezkepley, No. E082102 (Cal. Ct. App. May 9, 2025).
Cal. Penal Code § 269(a)(1): 1 case
(PC) Oscar A. Aguilar v. Superior Court of California, No. 1:19-cv-01802, 2020 WL 5891392 (E.D. Cal. Oct. 5, 2020).
Cal. Penal Code § 269(a)(3): 3 cases
(HC) Dalby v. Diaz, No. 2:13-cv-01169 (E.D. Cal. Sept. 10, 2020).
Michael Reinhold Mammoth v. Rosemary Ndoh, No. 5:21-cv-01641 (C.D. Cal. Oct. 6, 2021).
Santa Cruz v. Small, 625 F. Supp. 2d 930 (C.D. Cal. 2008).
Cal. Penal Code § 269(a)(4): 2 cases
(HC) Dalby v. Diaz, No. 2:13-cv-01169 (E.D. Cal. Sept. 10, 2020).
Luna v. Lamarque, 275 F. App'x 711 (9th Cir. 2008).
Cal. Penal Code § 269(a)(5): 1 case
Jose Carranza v. Michael Martel, No. 14-55362 (9th Cir. Jan. 11, 2018).
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