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SB-30 Crimes: child rape.(1993-1994)



Current Version: 09/27/94 - Chaptered

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SB30:v95#DOCUMENT

Senate Bill No. 30
CHAPTER 48

An act to add Section 269 to the Penal Code, relating to crimes.

[ Filed with Secretary of State  September 27, 1994. Approved by Governor  September 26, 1994. ]

LEGISLATIVE COUNSEL'S DIGEST


SB 30, Peace. Crimes: child rape.
Under existing law, rape is defined as an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under certain specified circumstances, and is punishable by imprisonment in the state prison for 3, 6, or 8 years.
This bill would, in addition, provide that any person who commits any specified sex offenses upon a child who is under 14 years of age and 10 or more years younger than the person is guilty of aggravated sexual assault of a child and shall be punished by imprisonment in the state prison for 15 years to life. Because the bill would create a new crime, it would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:


SECTION 1.

 Section 269 is added to the Penal Code, to read:

269.
 (a)  Any person who commits any of the following acts upon a child who is under 14 years of age and 10 or more years younger than the person is guilty of aggravated sexual assault of a child:
(1)  A violation of paragraph (2) of subdivision (a) of Section 261.
(2)  A violation of Section 264.1.
(3)  Sodomy, in violation of Section 286, when committed by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.
(4)  Oral copulation, in violation of Section 288a, when committed by force, violence, duress, menace, or fear of immediate and unlawful bodily injury on the victim or another person.
(5)  A 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 in the state prison for 15 years to life.

SEC. 2.

 No reimbursement is required by this act pursuant to Section 6 of Article XIII  B of the California Constitution because the only costs which may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, changes the definition of a crime or infraction, changes the penalty for a crime or infraction, or eliminates a crime or infraction. Notwithstanding Section 17580 of the Government Code, unless otherwise specified in this act, the provisions of this act shall become operative on the same date that the act takes effect pursuant to the California Constitution.