Penal Code 269 PC - Aggravated Sexual Assault of a Child Law

California Penal Code 269 PC defines aggravated sexual assault of a child as performing a sexual act on a child under 14 when the child is at least seven years younger than the perpetrator. This offense is among the most serious and harshly punished under California law.

Penal Code 269 PC says, "(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 15 years to life in state prison.

(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 the same victim on separate occasions as defined in subdivision (d) of Section 667.6."

All the sex crimes listed under PC 269(a) are felonies that carry a sentence of 15 years to life in state prison and a requirement to register as a sex offender.

Which Crimes Qualify Under PC 269?

As noted, Penal Code 269 PC defines aggravated sexual assault of a child as follows:

  • Committing specific sex offenses against a minor under 14,
  • The perpetrator is at least seven years older than the victim.

The specific sex crimes that count as aggravated sexual assault on a child include the following:

While prosecutors treat Penal Code 269 PC as a distinct offense, it is frequently viewed as an enhancement law because it carries stricter penalties than the underlying crime.

In simple terms, if any of the specified "certain crimes" involve a minor under 14 and there is at least a seven-year age gap, the charges will be upgraded to aggravated sexual assault of a child, which has harsher penalties.

If a 30-year-old man persuades a 14-year-old minor to perform oral sex, he could face charges under PC 269 for aggravated sexual assault of a child, as he is at least seven years older than the minor.

What Are Related Sex Crimes?

Several laws in California pertain to Penal Code 269, which addresses aggravated sexual assault of a child, including the following:

  • Penal Code 288 PC criminalizes lewd acts with minors, including touching children under 14 for sexual reasons or encouraging them to touch themselves or others. Penalties depend on the child's age, use of force or threats, and if there's a pattern of lewd conduct.
  • Penal Code 261.5 covers statutory rape, involving sexual intercourse with a minor under 18 who is not your spouse. In California, consent doesn't matter because anyone under 18 cannot legally consent.
  • Penal Code 288.5 PC criminalizes continuous sexual abuse of a child under 14 by someone living with or regularly accessing the minor, involving three or more acts over three months, with sentences of 6, 12, or 16 years in prison.
  • Penal Code 288.7 PC makes it a crime for an adult to engage in sexual intercourse, penetration, sodomy, or oral copulation with a child under 10. Convictions for this felony can result in a sentence of up to life in state prison.
  • Penal Code 647.6 PC defines annoying or molesting a child under 18 as conduct motivated by sexual interest that likely disturbs, irritates, or is observed by a child. This offense, called child molestation, does not require physical contact.

What are the Potential Penalties?

A conviction for Penal Code 269 PC, aggravated sexual assault, usually results in strict penalties, including:

  • A prison term ranging from 15 years to life, requiring at least 15 years of service before parole eligibility.
  • There is a possibility of serving consecutive prison sentences, so if you are convicted of multiple counts of PC 269, you will need to serve a separate full sentence for each offense.
  • Register as a tier-three sex offender for life under the Sex Offender Registration Act (California Penal Code 290 PC). You are required to renew your registration annually with the local police within five days of your birthday and whenever you change your residence.

Notably, multiple consecutive prison sentences for violating PC 269 are permitted if a person is convicted of either two separate instances of aggravated sexual assault of a child—whether against the same victim or different victims—regardless of whether these acts occurred at the same time.

Anyone convicted of PC 269, which involves aggravated sexual assault of a child, is ineligible for a suspended or split sentencing. This means they must serve their time in a state prison rather than in a county jail or through programs such as work release or house arrest.

Aggravated sexual assault of a child is classified as a crime involving moral turpitude, which can lead to adverse immigration effects for non-citizens.

What are the Possible Defenses?

If you're prosecuted for PC 269, aggravated sexual assault of a child, our California criminal defense attorneys can use different defense strategies to challenge the charges.

Aggravated Sexual Assault of a Child

We might argue that the sexual activity was consensual rather than forced, potentially reducing the charges to Penal Code 2615 PC for statutory rape.

Additionally, we could contend that the victim was over 14 at the time of the act, thereby entitling the victim to lesser penalties. It's also possible that the age difference was less than seven years.

We might argue that the allegations are false and stem from a dispute over child custody or divorce. Alternatively, we could contend that a confession was coerced through aggressive police tactics.

Proving this could lead the judge to exclude the confession from evidence or dismiss the case, particularly if you confessed to a crime you did not commit.

We might negotiate with the prosecutor to lower charges, dismiss the case, or prevent the filing of formal criminal charges (DA reject). Reach out to our law firm for further details. The Hedding Law Firm is located in Los Angeles, CA.