Aggravated Sexual Assault on a Child
Law, Punishment, Defense
Information on the crime of aggravated sexual assault of a child is found at California penal code section 269(a).
PC 269 Law
PC 269(a): A defendant who commits any of the following crimes upon a child under fourteen years of age, and when the child is seven or more years younger than the defendant, is guilty of aggravated sexual assault of a child:
Rape of a Child
Rape or Sexual Penetration in Concert Against a Child
Sodomy Against a Child
Oral Copulation of a Child
Sexual Penetration of a Child
PC 269 Penalties
Prison Sentence: All crimes listed under PC 269 are considered felonies. If found guilty of any PC 269 crime the defendant will face a prison sentence of fifteen years to life. This means that the defendant must serve at least fifteen years before he or she is eligible for parole consideration.
Probation Sentence: A probation sentence is not available in PC 269 cases.
Suspended Prison Sentence: A person convicted of aggravated sexual assault of a child per PC 269 is not eligible for suspended or split prison sentencing. This means that a person convicted of PC 269(a) must serve his or her incarceration in a California state prison, as opposed to a local county jail, and no part of that prison sentence may be served out of prison, such as on work release.
Sex Offender Registration: After conviction for any PC 269 crime the defendant will be required to register as a sex offender for the rest of his or her life. PC 269(a) is considered a tier-three level sex crime. This means that a person convicted of aggravated sexual assault of a child must register with local authorities as a sex offender for life.
Additional Punishment: In addition to the penalties listed above, if found guilty of aggravated sexual assault of a child (PC 269), the defendant could face any of these additional penalties: ineligibility to serve in the military, deportation from the United State (non-US citizens), loss of a professional license, firearm prohibition, court fines and fees, restitution, criminal protective orders, extended parole period after prison, and more.
PC 269(a) Defenses
Common defenses to an allegation of aggravated sexual assault of a child, include, coerced confessions, insanity, illegal search and seizure of evidence, insufficient evidence required to prove the allegation, false allegations, and more.
Statute of Limitations: There is no statute of limitations defense to PC 269(a) crimes. This means that the district attorney will not be time-barred from bringing criminal charges against the defendant no matter how much time has passed since the alleged conduct that led to the criminal charges.
No Defense of Consent: The defense of consent, which applies in many sex crimes, does not apply to a criminal charge of aggravated sexual assault of a child. This is because a minor under the age of fourteen in not legally capable of giving consent.
To learn more about the crime of aggravated sexual assault of a child, or PC 269(a), contact our sex crimes criminal defense lawyers today. Our team of experienced and successful sex crimes lawyers can answer all of your questions. We have helped hundreds of clients charged with misdemeanor and felony sex crimes in the Inland Empire, and we can help you too. Call today!