Ca Penal Code-Sex Crimes

Front 1

PC 261.6

Back 1

CONSENT

(DEFINITION)

positive cooperation in act or attitude pursuant to an exercise of free will. The person must act freely and voluntarily and have knowledge of the nature of the act or transaction involved

Front 2

PC 261(a)

Back 2

RAPE

(DEFINITION)

Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under specified circumstances

Front 3

PC 261(a)(1)

Back 3

RAPE VICTIM INCAPABLE OF CONSENTING

(FELONY)

Where a person 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

Front 4

PC 261(a)(2)

Back 4

RAPE BY FORCE OR FEAR

(FELONY)

Sexual intercourse when it is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another

Front 5

PC 261(a)(3)

Back 5

RAPE BY USE OF INTOXICATING, ANESTHETIC OR CONTROLLED SUBSTANCE

(FELONY)

Sexual intercourse when a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused

Front 6

PC 261(a)(4)

Back 6

RAPE VICTIM INCONSCIOUS OF NATURE OF THE ACT

(FELONY)

Sexual intercourse when a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this paragraph, "unconscious of the nature of the act" means incapable of resisting because the victim meets one of the following conditions:
(A) Was unconscious or asleep.
(B) Was not aware, knowing, perceiving, or cognizant that the act occurred.
(C) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraud in fact.
(D) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose

Front 7

PC 261(a)(5)

Back 7

RAPE WHEN VICTIM BELIEVES PERPETRATOR IS SPOUSE

(FELONY)

Sexual intercourse when a person submits under the belief that the person committing the act is the victim's spouse, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce the belief

Front 8

PC 261(a)(6)

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RAPE BY THREATS TO RETALIATE

(FELONY)

Sexual intercourse accomplished against the victim's will by threatening to retaliate in the future against the victim or any other person, and there is a reasonable possibility that the perpetrator will execute the threat. As used in this paragraph, "threatening to retaliate" means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or death

Front 9

PC 261(a)(7)

Back 9

RAPE BY THREATS TO USE AUTHORITY OF PUBLIC OFFICIAL

(FELONY)

Sexual intercourse accomplished against the victim's will by threatening to use the authority of a public official to incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public official

Front 10

PC 220

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ASSAULT WITH INTENT TO COMMIT CERTAIN FELONIES

(FELONY)

Every person who assaults another with intent to commit mayhem, rape, sodomy, oral copulation, or any violation of Section 264.1, 288 or 289

Front 11

PC 314.1

Back 11

INDECENT EXPOSURE

(MISDEMEANOR)

Exposes his person, or the private parts thereof, in any public place, or in any place where there are present other persons to be offended or annoyed thereby

Front 12

PC 314.2

Back 12

ASSIST OR ENCOURAGE INDECENT EXPOSURE

(MISDEMEANOR)

Procures, counsels, or assists any person so to expose himself or take part in any model artist exhibition, or to make any other exhibition of himself to public view, or the view of any number of persons, such as is offensive to decency, or is adapted to excite to vicious or lewd thoughts or acts

Front 13

PC 285

Back 13

INCEST

(FELONY)

Persons being within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who intermarry with each other, or who commit fornication or adultery with each other

Front 14

FAMILY CODE 2200

Back 14

CONSANGUINITY

(DEFINITION)

Marriages between parents and children, ancestors and descendants of every degree, and between brothers and sisters of the half as well as the whole blood, and between uncles and nieces or aunts and nephews, are incestuous, and void from the beginning, whether the relationship is legitimate or illegitimate.

Front 15

PC 288a(a)

Back 15

ORAL COPULATION

(DEFINITION)

Oral copulation is the act of copulating the mouth of one person with the sexual organ or anus of another person

Front 16

PC 288a(b)(1)

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ORAL COPULATION WITH PERSON UNDER 18

(FELONY)

any person who participates in an act of oral copulation with another person who is under 18 years of age

Front 17

PC 288a(c)

Back 17

ORAL COPULATOIN WITH PERSON UNDER 14 OR BY FORCE OR FEAR

(FELONY)

(1) Any person who participates in an act of oral copulation with another person who is under 14 years of age and more than 10 years younger

(2) Any person who commits an act of oral copulation when the act is accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person

Front 18

PC 289(a)(1)

Back 18

PENETRATION BY FOREIGN OBJECT

(FELONY)

any act of sexual penetration when the act is accomplished against the victim's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person

Front 19

PC 289(2)(k)(1)

Back 19

SEXUAL PENETRATION

(DEFINITION)

"Sexual penetration" is the act of causing the penetration, however slight, of the genital or anal opening of any person or causing another person to so penetrate the defendant's or another person's genital or anal opening for the purpose of sexual arousal, gratification, or abuse by any foreign object, substance, instrument, or device, or by any unknown object

Front 20

PC 262

Back 20

SPOUSAL RAPE

(FELONY)

(a) Rape of a person who is the spouse of the perpetrator is an act of sexual intercourse accomplished under any of the following circumstances:

(1) Where it is accomplished against a person's will by means of force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the person or another.

(2) Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known, by the accused.

(3) Where a person is at the time unconscious of the nature of the act, and this is known to the accused.

Front 21

PC 286(a)

Back 21

SODOMY

(DEFINITION)

Sodomy is sexual conduct consisting of contact between the penis of one person and the anus of another person. Any sexual penetration, however slight, is sufficient to complete the crime of sodomy.

Front 22

PC 243.4(a)

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SEXUAL BATTERY VICTIM RESTRAINED

(FELONY)

Any person who touches an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice, and if the touching is against the will of the person touched and is for the purpose of sexual arousal, sexual gratification, or sexual abuse.

Front 23

PC 243.4(e)(1)

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SEXUAL BATTERY

(MISDEMEANOR)

Any person who touches an intimate part of another person, if the touching is against the will of the person touched, and is for the specific purpose of sexual arousal, sexual gratification, or sexual abuse

Front 24

PC 264.1

Back 24

SEXUAL ASSAULT IN CONCERT WITH ANOTHER

(FELONY)

The provisions of Section 264 notwithstanding, in any case in which the defendant, voluntarily acting in concert with another person, by force or violence and against the will of the victim, committed an act described in Section 261, 262, or 289.

Front 25

PC 264.2

Back 25

SEX CRIME VICTIM'S RIGHT TO COUNSELING

(DEFINITION)

Officer MUST PROVIDE a written notice to victim of PC 261, 261.5, 262, 286, 288a, or 289 which includes:

-Names and locations of rape victim counseling centers in the county and 24hr numbers.
-Sexual assault procedures guide.
-Notice that spousal sexaul assault is a crime

If the victim is transported to the hospital:

-Officer must notify rape counseling center.
-Advise victim of right to support person.

Front 26

PC 293(a)

Back 26

CONFIDENTIALITY OF SEX CRIME VICTIM IDENTITY

(DEFINITION)

Any officer taking a sexual assault report must advise the victim that their name will become a part of public record unless the victim requests otherwise.

Front 27

PC 290(a)

Back 27

SEX OFFENDER REGISTRATION REQUIRED

(FELONY OR MISDEMEANOR)

Register with the chief of police or sheriff within 5 working days of moving into a new jurisdiction, changing their address or name.

Register annually within 5 days of their birthday.

Register every 90 days if sexually violent predator.

Classification depends on nature of original offense.

Front 28

PC 286.5

Back 28

SEXUAL ASSAULT OF ANIMAL

(MISDEMEANOR)

Any person who sexually assaults any animal protected by Section 597f for the purpose of arousing or gratifying the sexual desire of the person