Rape - California Sexual Assault Laws

In California, the criminal charge of Rape is classified as a Statutory Felony.

Rape Crime & Punishment in California :

The California code § 264 defines one degrees of the crime rape, each with associated punishments. The degree of the crime depends on the specifics of the crime committed, with higher degrees of the charge generally receiving harsher punishments.

Severity Rape - Charge Description Punishment
  • Rape involving a minor over 14 years of age
  • Rape involving a child under the age of 14
  • State prison sentence of 3, 6, or 8 years
  • Imprisonment in the state prison for 7, 9 or 11 years
  • Punishable by imprisonment in the state prison for 9, 11 or 13 years

California law allows rape to be enforced as a statutory charge. This means that this charge can be applied to cases in which the victim is younger than the California Age of Consent, even if the victim willingly engages in sexual relations with the defendant.

Rape defined in other states :

Rape is a charge in a total of eleven other state(s). The exact definition, charge type, and potential sentencing of this charge varying state to state. For further details please refer to the state page.

State Charge Type(s) Punishment(s)
Arkansas Class Y felony Life or 10-40 years; possible fine and restitution
Georgia Felony Death, life in prison with or without parole, or 10-20 years in prison
Idaho Felony 1 year to life based on judicial discretion
Indiana Class A Felony; Class B felony 30 year sentence; up to $10,000 fine; 10 year sentence; up to $10,000 fine
Kansas Severity Level 1 “person felony”; Severity Level 2 “person felony” 155 months in prison; 117 months in prison
Massachusetts 10 year minimum sentence (second offense is 15 years-life); State prison sentence no to exceed 20 years (second offense punishable with life or any term of years; State prison sentence of life or any term of year
Ohio Felony of the first degree If victim compelled through force, threat, or controlled substance, not less than 5 years, if victim under 10, life in prison; subsequent offenses: life w/ or w/o parole; If victim compelled through force, threat, or controlled substance, not less than 5 years
Pennsylvania Felony of the first degree A maximum of 20 years in prison and up to $25,000 in fines
Tennessee Class B felony Maximum of 30 years in prison and a maximum fine $25,000
Utah First degree felony A maximum of life in prison and/or a maximum fine of $10,000
Virginia Felony 5 years to life in prison

Back to list of California laws

** This Document Provided By AgeOfConsent.net **
Source: http://www.ageofconsent.net/laws/california/rape