California § 264. 264. (Amended by Stats. 2021, Ch. 626, Sec. 21.)

California Statutes

§ 264. — 264. (Amended by Stats. 2021, Ch. 626, Sec. 21.)

California § 264.

Code PENPenal Code - PEN

Title9.

Part 1.TITLE 9. OF CRIMES AGAINST THE PERSON INVOLVING SEXUAL ASSAULT, AND CRIMES AGAINST PUBLIC DECENCY AND GOOD MORALS

Ch. 1.CHAPTER 1. Rape, Abduction, Carnal Abuse of Children, and Seduction

This text of California § 264. (264. (Amended by Stats. 2021, Ch. 626, Sec. 21.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Penal Code - PEN Code § 264. (2026).

Text

(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 defendant’s ability to pay, and no defendant shall be denied probation because of the defendant’s inability to pay the fine permitted under this subdivision.

(c)

(1)A person who commits rape in violation of paragraph (2) of subdivision (a) of Section 261 upon a child who is under 14 years of

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(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 defendant’s ability to pay, and no defendant shall be denied probation because of the defendant’s inability to pay the fine permitted under this subdivision.
(c)
(1)
A person who commits
rape in violation of paragraph (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 (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.