Aggravated Sexual Assault of a Child

Violation of Penal Code § 269 PC

California Penal Code § 269 PC, commonly referred to as the "Aggravated Sexual Assault of a Child" law, establishes the elements of the criminal offense of engaging in a sexual act with a child under the age of 14, when the age difference between the perpetrator and the victim is at least 7 years.

Within the language of this code section, there is a comprehensive delineation of the specific acts that constitute aggravated sexual assault of a child. These acts include, but are not limited to, rape, sexual penetration, sodomy, oral copulation, and sexual penetration.

The gravity of the offense is evidenced by the fact that a conviction under Penal Code § 269 PC carries severe consequences. The crime is classified as a felony, denoting its seriousness, and upon conviction, the offender can face a minimum sentence of 15 years to life in state prison.

In addition to the prison sentence, if you are convicted of aggravated sexual assault of a child, you will be required to register as a sex offender for the rest of their life under the provisions of the Sex Offender Registration Act, as defined in Penal Code § 290 PC. The registration requirement is in place to ensure that the public is aware of the your presence and can take necessary precautions to protect themselves and their loved ones. Aggravated sexual assault of a child is classified as a "Tier 3" offense, which mandates lifetime registration due to the severity and inherent danger associated with such crimes. You will also be profiled on the Megan‘s Law website and various other non-government websites that may “mirror“ the information on your profile, thereby subjecting you to wide visibility among members of your community and beyond, thus incurring a significant social stigma that can have daily and substantially negative repercussions on your life.

It is important to note that if you accused of aggravated sexual assault of a child, you (as a criminal defendant) have the right to raise defenses to challenge the charges against you.

These defenses may include disputing the age of the victim if, in fact, the person is older than the alleged age, or if you believe you have been falsely accused, or the charges against you have been exaggerated or confabulated, or if a confession was extracted from you by the police through coercive means.

When raising the defense of the victim's age, you (the defendant) must establish that the alleged victim is 14 years of age or older, as this would render the offense inapplicable. A false accusation defense can be successfully asserted if your attorney can demonstrate that you have been wrongfully accused of a crime that does not fall within the offenses outlined in the code section. Furthermore, a coerced confession defense can be raised if your attorney can prove that you were unduly pressured or coerced into confessing to the offense.

To fully comprehend the implications and ramifications of Penal Code § 269 PC, it is essential to understand the related offenses that aim to address different aspects of child sexual abuse. These offenses include lewd acts on a minor child (Penal Code § 288 PC), continuous sexual abuse of a child (Penal Code § 288.5 PC), and rape (Penal Code § 261 PC). Each of these offenses is distinct in its own right and targets specific aspects of child sexual abuse.

Lewd acts on a minor child encompass the deliberate and inappropriate touching of a child for sexual purposes or causing a child to engage in such acts. Continuous sexual abuse of a child is characterized by repeated acts of substantial sexual contact or lewd acts committed against a child under the age of 14 over a period of three months or longer. This offense recognizes the insidious nature of prolonged abuse and seeks to address it accordingly. Rape, on the other hand, encompasses nonconsensual sexual intercourse accomplished through threats, force, fraud, or with a victim who is unconscious or incapable of giving consent.

If you or someone you know has been falsely accused of having violated penal code section 269 PC, our California sex crimes charges dismissal attorneys can meet you to discuss a strategy to pursue a total dismissal of the charges against you or your loved one.