CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 808Introduced by Assembly Member MathisFebruary 13, 2023 An act to amend Section 264 of the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGESTAB 808, as introduced, Mathis. Crimes: rape.Existing law prohibits an act of sexual intercourse 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 provides a greater punishment for this offense if the victim is a minor, as specified.Existing law also prohibits an act of sexual intercourse with a person who is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act.This bill would also impose a greater punishment for this offense if the victim is a minor, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES 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 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 defendants ability to pay, and no defendant shall be denied probation because of the defendants inability to pay the fine permitted under this subdivision.(c) (1) A person who commits rape in violation of paragraph (1) or (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 (1) or (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.
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION Assembly Bill No. 808Introduced by Assembly Member MathisFebruary 13, 2023 An act to amend Section 264 of the Penal Code, relating to crimes. LEGISLATIVE COUNSEL'S DIGESTAB 808, as introduced, Mathis. Crimes: rape.Existing law prohibits an act of sexual intercourse 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 provides a greater punishment for this offense if the victim is a minor, as specified.Existing law also prohibits an act of sexual intercourse with a person who is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act.This bill would also impose a greater punishment for this offense if the victim is a minor, as specified.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
CALIFORNIA LEGISLATURE 20232024 REGULAR SESSION
Assembly Bill
No. 808
Introduced by Assembly Member MathisFebruary 13, 2023
Introduced by Assembly Member Mathis
February 13, 2023
An act to amend Section 264 of the Penal Code, relating to crimes.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 808, as introduced, Mathis. Crimes: rape.
Existing law prohibits an act of sexual intercourse 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 provides a greater punishment for this offense if the victim is a minor, as specified.Existing law also prohibits an act of sexual intercourse with a person who is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act.This bill would also impose a greater punishment for this offense if the victim is a minor, as specified.
Existing law prohibits an act of sexual intercourse 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 provides a greater punishment for this offense if the victim is a minor, as specified.
Existing law also prohibits an act of sexual intercourse with a person who is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent, and this is known or reasonably should be known to the person committing the act.
This bill would also impose a greater punishment for this offense if the victim is a minor, as specified.
## 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 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 defendants ability to pay, and no defendant shall be denied probation because of the defendants inability to pay the fine permitted under this subdivision.(c) (1) A person who commits rape in violation of paragraph (1) or (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 (1) or (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.
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 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 defendants ability to pay, and no defendant shall be denied probation because of the defendants inability to pay the fine permitted under this subdivision.(c) (1) A person who commits rape in violation of paragraph (1) or (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 (1) or (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.
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 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 defendants ability to pay, and no defendant shall be denied probation because of the defendants inability to pay the fine permitted under this subdivision.(c) (1) A person who commits rape in violation of paragraph (1) or (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 (1) or (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.
264. (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 defendants ability to pay, and no defendant shall be denied probation because of the defendants inability to pay the fine permitted under this subdivision.(c) (1) A person who commits rape in violation of paragraph (1) or (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 (1) or (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.
264. (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 defendants ability to pay, and no defendant shall be denied probation because of the defendants inability to pay the fine permitted under this subdivision.(c) (1) A person who commits rape in violation of paragraph (1) or (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 (1) or (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.
264. (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 defendants ability to pay, and no defendant shall be denied probation because of the defendants inability to pay the fine permitted under this subdivision.
(c) (1) A person who commits rape in violation of paragraph (1) or (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 (1) or (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.