California Penal Code §269 — Aggravated Sexual Assault of a Child
PC §269 punishes aggravated sexual assault of a child under 14 by a defendant at least 7 years older. Mandatory 15-years-to-life state prison sentence for each qualifying act — a One Strike sex offense and 'super strike' under Three Strikes law.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Aggravated Sexual Assault of a Child Cases in All LA County Courts
On This Page
Jump to a Section
01 — Quick Facts
PC §269 — Aggravated Sexual Assault of a Child at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §269 — Aggravated Sexual Assault of a Child |
| Code Type | Penal Code (PC) |
| Classification | Felony |
| Penalty | 15 years to LIFE state prison (indeterminate) |
| Strike | Yes — Super Strike (PC §667(e)(2)(C)(iv)) |
| PC §290 Registration | Lifetime — Tier 3 |
| Age Requirement | Victim under 14; defendant 7+ years older |
| Immigration | Aggravated felony — mandatory removal |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §269?
What Is California Penal Code §269?
PC §269 Reads:
"Any person who commits any of the following acts upon a child who is under 14 years of age and seven or more years younger than the person is guilty of aggravated sexual assault of a child... [rape, sodomy, oral copulation, sexual penetration by force, violence, duress, menace, or fear]. Punishable by imprisonment in the state prison for 15 years to life."
— California Penal Code §269(a)–(b)
PC §269 was enacted in 1994 to impose the harshest sentences on the most serious child sex crimes. It applies when the underlying act — rape (§261), sodomy (§286), oral copulation (§287), or sexual penetration (§289) — is committed by force, violence, duress, menace, or fear on a child under 14 who is at least 7 years younger than the defendant. Consent is legally impossible.
PC §269 vs. PC §288 (Lewd Acts) vs. PC §288.7
PC §288 (Lewd Acts) covers any lewd touching of a minor under 14 — no force required. PC §288.7 punishes sexual intercourse or sodomy with a child under 10 (25/life). PC §269 sits in between: it requires force/duress AND victim under 14 with the 7-year age gap.
PC §269 — Aggravated Sexual Assault of Child
Rape / sodomy / oral cop / penetration by force on child <14, 7 yrs younger. 15-to-life mandatory.
PC §288.7 — Sex Act With Child Under 10
Intercourse or sodomy with child under 10 (any means). 25-to-life mandatory.
Why §269 Is Among California's Harshest Statutes
Each qualifying act carries a mandatory 15-to-life sentence. Multiple acts stack consecutively (People v. Jimenez). It is a One Strike offense (§667.61), a Super Strike (§667(e)(2)(C)(iv)), triggers lifetime Tier 3 §290 registration, and is an aggravated felony triggering mandatory removal for non-citizens. Rubin Law, P.C. has 20+ years of experience defending the most serious child-sex allegations.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §269
To convict under PC §269, the prosecution must prove each element beyond a reasonable doubt.
Qualifying Sexual Act
The defendant committed one of the enumerated acts: rape (§261(a)(2)/(6)), sodomy (§286(c)/(d)), oral copulation (§287(c)/(d)), or sexual penetration (§289(a)).
Victim Under 14 & 7+ Year Age Gap
The victim was under 14 years old and the defendant was at least 7 years older at the time of the act.
Force, Duress, Menace, or Fear
The act was accomplished by force, violence, duress, menace, or fear of immediate bodily injury.
Specific Sexual Intent
The defendant acted with sexual intent — for arousal, gratification, or abuse.
03 — Degrees
PC §269 — Tiers & Degrees
PC §269 is a single-tier statute, but sentencing structure varies based on number of acts and One Strike allegations.
Single Qualifying Act
One qualifying act = mandatory 15-to-life indeterminate sentence. No probation, no diversion.
Multiple Acts / Multiple Victims
Under People v. Jimenez, each act on each victim carries its own consecutive 15-to-life term. Multiple counts routinely stack to 45–90 years before parole eligibility.
With One Strike Allegation
When the DA proves a §667.61 One Strike circumstance (multiple victims, weapon use, kidnapping), the term rises to 25-to-life per count.
04 — Penalties
Penalties for PC §269 Aggravated Sexual Assault of a Child in California
PC §269 imposes California's harshest indeterminate sentencing structure.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| Aggravated Sexual Assault of Child | PC §269(a) | 15 years to LIFE (indeterminate) | No — statutorily barred | Yes — Super Strike |
| Sex Act With Child Under 10 | PC §288.7 | 25 years to LIFE | No | Yes — Super Strike |
| Lewd Acts With Minor Under 14 | PC §288(a) | 3, 6, or 8 years prison | Available in limited cases | Yes — Strike |
| Forcible Lewd Acts on Minor | PC §288(b)(1) | 5, 8, or 10 years prison | No | Yes — Strike |
Potential Enhancements
One Strike Sex Offense
PC §667.61
Multiple victims, weapon, kidnapping, torture, or burglary circumstances raise the term to 25-to-life per count.
Habitual Sex Offender
PC §667.71
Prior qualifying sex offense triggers a 25-to-life minimum.
Great Bodily Injury
PC §12022.8
+5 years for personally inflicting GBI during a §269 offense.
Multiple Counts / Multiple Victims
PC §667.6(c)/(d)
Full consecutive sentencing on each count.
Prior Strike
PC §667(e)
Second strike doubles the base term; third strike triggers 25-to-life on top.
Collateral Consequences
- Mandatory PC §290 Tier 3 lifetime registration
- Aggravated felony — mandatory removal for non-citizens
- No parole eligibility for 15 years minimum per count
- Residency restrictions (Jessica's Law)
- Lifetime firearm and voting restrictions
- Civil commitment as SVP under WIC §6600 possible after prison term
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §269 Aggravated Sexual Assault of a Child Charges
Rubin Law, P.C. defends §269 cases with forensic experts, memory-science specialists, and aggressive pre-trial motion practice.
False Allegation / Motive to Fabricate
Custody disputes, coaching by a parent, and revenge motives frequently drive false child allegations. Full family-court records and forensic interviews are subpoenaed.
Evid. §780
Improper CSAAS / Forensic Interview
Suggestive forensic interviews violate NICHD protocol. Cross-examination of the interviewer is often case-dispositive.
People v. Bowker
No Force / Duress
Absent force, duress, menace, or fear, the charge cannot be §269 — it drops to §288 (much lower exposure).
PC §269(a)
Age Gap Below 7 Years
Documentary evidence of both parties' ages — if the age gap is less than 7 years, §269 does not apply.
PC §269(a)
Alibi / Physical Impossibility
Time-stamped records — phone data, work logs, video — establish the defendant was not present on the alleged date.
CALCRIM 3400
Coerced Confession / Miranda
Suppression of statements taken without Miranda or during coercive custodial interrogation.
Miranda / PC §632
Constitutional Sources
07 — Court Process
How PC §269 Aggravated Sexual Assault of a Child Cases Move Through Los Angeles Courts
How a §269 case moves through the LA County criminal system.
- 1
Step 1 — Arrest & Booking
Invoke Miranda immediately. Do NOT speak to detectives or DCFS investigators without counsel.
- 2
Step 2 — Arraignment
Charges read, plea entered. §269 defendants often held without bail; if bail set, typically $1M+.
- 3
Step 3 — Preliminary Hearing
Cross-examine the alleged victim (or hearsay through detective under Prop 115); challenge age gap and force elements.
- 4
Step 4 — Pre-Trial Motions
PC §1538.5 suppression; Evid. §1108 in-limine; Kelly/Frye challenges to CSAAS testimony; Pitchess on investigators.
- 5
Step 5 — Trial Preparation
Retain forensic-interview expert, memory-science expert, and pediatric SANE-review expert.
- 6
Step 6 — Jury Trial
Cross-examination of forensic interviewer and alleged victim is critical. Sentencing after conviction is mandatory 15-to-life per count.
Los Angeles Courts That Handle PC §269 Aggravated Sexual Assault of a Child Cases
Common LA-area courthouses handling PC §269 filings.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Aggravated Sexual Assault of a Child Defense Attorney
Daniel S. Rubin has defended clients charged with aggravated sexual assault of a child and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §269 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Aggravated Sexual Assault of a Child Cases Throughout LA County
See our full Aggravated Sexual Assault of a Child defense practice
09 — FAQs
PC §269 Aggravated Sexual Assault of a Child Questions — Los Angeles
What is the penalty for PC §269?
PC §269 is a mandatory 15-years-to-life indeterminate state-prison sentence per qualifying act. Multiple acts stack consecutively. It is a Super Strike and triggers lifetime PC §290 Tier 3 registration.
Is PC §269 a strike?
Yes. It is both a Strike under PC §1192.7(c)(6) and a Super Strike under PC §667(e)(2)(C)(iv), triggering the harshest Three Strikes consequences.
What is the difference between PC §269 and PC §288?
PC §288 covers lewd touching of a minor under 14 (3, 6, or 8 years). PC §269 requires the same age gap PLUS force or duress AND commission of rape, sodomy, oral copulation, or sexual penetration — carrying 15-to-life instead of a triad term.
Is consent a defense to PC §269?
No. A child under 14 cannot legally consent, and §269 additionally requires proof of force, duress, menace, or fear.
Can I get probation for PC §269?
No. PC §1203.065(a) and §1203.066 statutorily bar probation for §269 convictions.
How is the 7-year age gap measured?
By calendar years between the birthdates of the defendant and victim as of the date of the alleged act. Documentary proof (birth certificates, DL records) is essential to both prosecution and defense.
Does PC §269 require sex-offender registration?
Yes. §269 is a mandatory Tier 3 lifetime registration offense under PC §290(c) and (d)(3).
Can multiple §269 counts stack?
Yes. Under People v. Jimenez (2000) 80 Cal.App.4th 286 and PC §667.6(d), separate qualifying acts on separate occasions carry full, consecutive 15-to-life terms. Exposure can easily reach 90+ years to life.
Available 24/7 — Free Consultation
Charged With PC §269 Aggravated Sexual Assault of a Child?
§269 carries mandatory 15-to-life per count with no probation and no parole for 15 years. Rubin Law, P.C. defends the most serious child-sex allegations with 20+ years of trial experience. Call now for a confidential consultation.