CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 805Introduced by Senator GalgianiFebruary 17, 2017 An act to amend Section 264 of the Penal Code, relating to rape. LEGISLATIVE COUNSEL'S DIGESTSB 805, as introduced, Galgiani. Rape.Existing law specifying various circumstances that constitute the crime of rape, including an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator where sexual intercourse is accomplished against a persons will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another. Existing law generally provides that rape, as defined, is punishable by imprisonment in the state prison for 3, 6, or 8 years, as specified.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 264 of the Penal Code is amended to read:264. (a) Except as provided in subdivision (c), rape, as defined in Section 261 or 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 any a person who violates Section 261 or 262 262, with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendants ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.(c) (1) Any 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) Any 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 provision of law.
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Senate Bill No. 805Introduced by Senator GalgianiFebruary 17, 2017 An act to amend Section 264 of the Penal Code, relating to rape. LEGISLATIVE COUNSEL'S DIGESTSB 805, as introduced, Galgiani. Rape.Existing law specifying various circumstances that constitute the crime of rape, including an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator where sexual intercourse is accomplished against a persons will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another. Existing law generally provides that rape, as defined, is punishable by imprisonment in the state prison for 3, 6, or 8 years, as specified.This bill would make technical, nonsubstantive changes to those provisions.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Senate Bill No. 805
Introduced by Senator GalgianiFebruary 17, 2017
Introduced by Senator Galgiani
February 17, 2017
An act to amend Section 264 of the Penal Code, relating to rape.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
SB 805, as introduced, Galgiani. Rape.
Existing law specifying various circumstances that constitute the crime of rape, including an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator where sexual intercourse is accomplished against a persons will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another. Existing law generally provides that rape, as defined, is punishable by imprisonment in the state prison for 3, 6, or 8 years, as specified.This bill would make technical, nonsubstantive changes to those provisions.
Existing law specifying various circumstances that constitute the crime of rape, including an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator where sexual intercourse is accomplished against a persons will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another. Existing law generally provides that rape, as defined, is punishable by imprisonment in the state prison for 3, 6, or 8 years, as specified.
This bill would make technical, nonsubstantive changes to those provisions.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. Section 264 of the Penal Code is amended to read:264. (a) Except as provided in subdivision (c), rape, as defined in Section 261 or 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 any a person who violates Section 261 or 262 262, with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendants ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.(c) (1) Any 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) Any 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 provision of law.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. Section 264 of the Penal Code is amended to read:264. (a) Except as provided in subdivision (c), rape, as defined in Section 261 or 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 any a person who violates Section 261 or 262 262, with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendants ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.(c) (1) Any 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) Any 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 provision of law.
SECTION 1. Section 264 of the Penal Code is amended to read:
### SECTION 1.
264. (a) Except as provided in subdivision (c), rape, as defined in Section 261 or 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 any a person who violates Section 261 or 262 262, with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendants ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.(c) (1) Any 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) Any 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 provision of law.
264. (a) Except as provided in subdivision (c), rape, as defined in Section 261 or 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 any a person who violates Section 261 or 262 262, with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendants ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.(c) (1) Any 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) Any 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 provision of law.
264. (a) Except as provided in subdivision (c), rape, as defined in Section 261 or 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 any a person who violates Section 261 or 262 262, with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendants ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.(c) (1) Any 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) Any 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 provision of law.
264. (a) Except as provided in subdivision (c), rape, as defined in Section 261 or 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 any a person who violates Section 261 or 262 262, with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendants ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.
(c) (1) Any 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) Any 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 provision of law.