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California Penal Code 269 | Aggravated Sexual Assault of a Child

Posted in California Law,Sex Crimes on August 5, 2024

Aggravated sexual assault of a child is one of the most serious crimes in California and one of the most heavily prosecuted. If you are facing criminal charges for this offense, you need a skilled legal advocate in your corner. Contact a Riverside sex crimes attorney at Law Offices of Graham D. Donath, APC for immediate legal assistance and guidance.

What Is Aggravated Sexual Assault of a Child?

California Penal Code 269 prohibits having certain sexual acts upon a child under the age of 14 and at least seven years younger than you. Sexual acts under this law include:

  • Rape
  • Sexual penetration
  • Sodomy
  • Oral copulation

This offense serves as an enhancement, increasing associated penalties above those for the offenses described above.

Penalties for Aggravated Sexual Assault of a Child

This offense can result in 15 years to life in state prison. Each sexual act is considered a separate offense. If you are convicted of multiple acts, the law requires that you serve your time consecutively for each offense if the crime involved different alleged victims or instances with the same victim.

The offense is considered a tier 3 sex registration offense, requiring lifetime registration as a sex offender.

Defenses for Aggravated Sexual Assault of a Child

There may be various defenses to the charge of aggravated sexual assault of a child, such as:

  • No child victim exists – A necessary element of the crime that the prosecution must prove is that a child 13 or younger was involved. If the other person was 14 or older, this crime does not apply under the circumstances. Likewise, if the person was not seven or more years younger than you, the offense does not apply.
  • The specific sexual act did not occur – This crime only applies to specific sexual acts, as defined above. If these acts were not involved, the enhancement does not apply.
  • The accusations are false – The alleged victim may have lied about what happened or falsely accused you when someone else committed the crime.
  • Your confession was coerced – Law enforcement may passionately pursue these types of charges, sometimes even resorting to violence or other acts of coercion to elicit a confession. If a confession was not voluntarily made, it is possible that it could be suppressed, and the charges against you could be dismissed if the prosecution has insufficient evidence to move forward with the case.

Please note that even if the other person consents to the act, this is not a viable defense to these charges. In some cases, it is possible to get the judge to award formal probation instead of prison time.

An experienced criminal defense lawyer can evaluate your case and determine the best defense to raise.

Facing charges? Call our sex crimes attorney today

Contact a Sex Crimes Lawyer in Riverside Today

If you are facing these serious charges, it is important that you immediately begin building a strong defense. Riverside criminal defense lawyer, Graham Donath has decades of experience protecting the rights of the accused and extensive knowledge he can rely on to guide you through every aspect of the case. Contact the Law Offices of Graham D. Donath, APC today and request a free consultation by calling (951) 667-5293.