What is Aggravated Sexual Assault of a Child?
Aggravated sexual assault of a child is among the gravest offenses in California, governed by California Penal Code 269 PC. It involves engaging in a sexual act with a child under 14 when the child is at least seven years younger than the offender.
Aggravated sexual assault of a child is classified as a "tier 3" sex registration offense, which requires lifelong registration as a sex offender if convicted. Under this law, sentences for multiple convictions must be served consecutively.
This means that if you're convicted of several counts of aggravated sexual assault of a child—whether involving different victims or the same victim at different times—you cannot serve the sentences at the same time.
Instead, you'll serve at least 15 years for each offense, one after the other. If you are charged with this crime, it is essential to consult an experienced California criminal defense attorney to develop a robust defense.
A conviction could result in a minimum of 15 years in prison, possibly life imprisonment, and mandatory registration on the sex offender registry for life.
What Does Penal Code 269 PC Say?
PC 269 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 imprisonment for 15 years to life in the 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 involve the same victim on separate occasions as defined in subdivision (d) of Section 667.6."
What Defines Aggravated Sexual Assault of a Child
Under PC 269, aggravated sexual assault of a child is explicitly defined as committing specific sex crimes against a victim under 14, with the accused being at least seven years older than the victim.
The listed qualifying sex crimes for aggravated sexual assault include:
- Penal Code 261 PC - Rape
- Penal Code 264.1 PC - Rape or sexual penetration in concert
- Penal Code 286 PC - Sodomy
- Penal Code 287 PC - Forcible oral copulation
- Penal Code 289.2 PC - Sexual penetration by force, violence, threats, etc.
Although PC 269 is charged as a standalone crime, it mainly functions as an enhancement law, meaning it results in increased penalties beyond those of the base offense.
In cases where any of the listed crimes are committed against a minor under age 14, and there is a gap of 7 years or more between the accused and the victim, the charge is elevated from the original offense to aggravated sexual assault of a minor. This newer charge involves significantly harsher penalties.
What Must Be Proven to Convict?
To establish a conviction under Penal Code 269, the prosecution has to demonstrate the following beyond any reasonable doubt:
- You participated in one of the criminal acts mentioned earlier.
- The minor was younger than 14 years old at the time of the act; and
- You were at least seven years older than the minor when the offense occurred.
What Are the Related Sex Crimes?
Several laws in California pertain to Penal Code 269, which concerns aggravated sexual assault of a child, including the following:
- Penal Code 261.5 PC - statutory rape
- Penal Code 288 PC - lewd acts with a minor
- Penal Code 288.2 PC - send harmful matter to a minor
- Penal Code 288.3 PC - contact a minor to commit a felony
- Penal Code 288.4 PC - arrange a meeting with a minor
- Penal Code 288.5 PC - continuous sexual abuse of a child
- Penal Code 288.7 PC - sex with a child under 10
- Penal Code 647.6 PC - annoying or molesting a child
What Are the PC 269 Penalties?
Aggravated sexual assault of a child is a serious crime with harsh penalties. Under PC 269, a conviction can result in a sentence of at least 15 years to life in prison, unless the judge grants formal probation instead of incarceration.
Furthermore, regardless of the sentence length, a conviction under PC 269 mandates lifelong registration as a sex offender.
This means you must re-register with local authorities annually within five days of your birthday and within five days of changing residences, for the remainder of your life.
What Are the Available Defense Strategies?
Although a charge under PC 269 is serious, an experienced California criminal defense lawyer can still employ various defense strategies to challenge the charges, as outlined below.
We might argue that the victim was over 14 years old. Even if the victim turned 14 on the day of the incident, the charge could be downgraded from aggravated sexual assault to a specific sex crime, such as oral copulation or rape.
We might argue that the age difference was less than 7 years. The same reasoning applies to the earlier defense.
Perhaps we can negotiate with the prosecutor for reduced charges or a dismissal, or convince them not to file formal criminal charges (prefiling: DA reject). Contact us to review your case details and explore legal options. Cron, Israels & Stark has offices in Los Angeles, CA.
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