264.
(a) Except as provided in subdivision (c), (c) or (d), 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.
(d) (1) A person, who knows or reasonably should know that a person is developmentally disabled, and who commits rape, as defined in Section 261, upon a person who is developmentally disabled 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 knows or reasonably should know that a person is developmentally disabled, and who commits rape, as defined in Section 261, upon a person who is developmentally disabled 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 or any other law.
(4) Notwithstanding paragraphs (1) and (3), a person, subject to prosecution pursuant to paragraph (1) because the developmentally disabled person is 10 years of age or younger, shall be prosecuted pursuant to Section 288.7.
(5) “Developmental disability” means a disability as defined in subdivision (a) of Section 4512 of the Welfare and Institutions Code and for which a regional center finds eligibility for services under the Lanterman Developmental Disabilities Services Act.