Pen. Code, § 264.1 · Chapter 1. Rape, Abduction, Carnal Abuse of Children, and Seduction
Pen. Code, § 264.1
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) The provisions of Section 264 notwithstanding, when the defendant, voluntarily acting in concert with another person, by force or violence and against the will of the victim, committed an act described in Section 261 or 289, either personally or by aiding and abetting the other person, that fact shall be charged in the indictment or information and if found to be true by the jury, upon a jury trial, or if found to be true by the court, upon a court trial, or if admitted by the defendant, the defendant shall suffer confinement in the state prison for five, seven, or nine years.
(b) (1) If the victim of an offense described in subdivision (a) is a child who is under 14 years of age, the defendant shall be punished by imprisonment in the state prison for 10, 12, or 14 years.
(2) If the victim of an offense described in subdivision (a) is a minor who is 14 years of age or older, the defendant shall be punished by imprisonment in the state prison for 7, 9, or 11 years.
(3) This subdivision does not preclude prosecution under Section 269, Section 288.7, or any other law.
Notes and commentary — not statutory text
History
Amended by Stats. 2021, Ch. 626, Sec. 22. (AB 1171) Effective January 1, 2022.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN§ionNum=264.1.
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 64 provisions
Provisions in this library whose text cites Pen. Code, § 264.1; the first 50 in book order. Each shows the citation as that text prints it.
Civil Code
Code of Civil Procedure
Evidence Code
Penal Code
- Pen. Code, § 136.7Printed as Section 243.4, 261, 261.5, 264.1, 266, 266a, 266b, 266c, 266f, 285, 286, 287, 288, or 289
- Pen. Code, § 209Printed as Section 264.1, 288, 289
- Pen. Code, § 220Printed as Section 264.1, 288, or 289
- Pen. Code, § 269Printed as Section 264.1
- Pen. Code, § 273.7Printed as Sections 240, 242, 243.4, 261, 261.5, 264.1, 266, 266a, 266b, 266c, 266f, 273.5, 273.6, 285, 288, and 289
- Pen. Code, § 288.3Printed as Section 207, 209, 261, 264.1, 273a, 286, 287, 288, 288.2, 289, 311.1, 311.2, 311.4 or 311.11
- Pen. Code, § 290Printed as Section 264.1 | Section 264.1, 266, or 266c
- Pen. Code, § 290.008Printed as Section 264.1, 266c, or 267 | Section 264.1, 288, or 289
- Pen. Code, § 290.46Printed as Section 264.1
- Pen. Code, § 292Printed as Section 264.1
- Pen. Code, § 294Printed as Section 261, 264.1, 285, 286, 287, or 289
- Pen. Code, § 647.6Printed as Section 261, 264.1, 269, 285, 286, 287, 288.5, or 289
- Pen. Code, § 653fPrinted as Section 264.1, 288, or 289
- Pen. Code, § 667.5Printed as Section 264.1
- Pen. Code, § 667.51Printed as Section 261, 264.1, 269, 285, 286, 287, 288, 288.5, or 289
- Pen. Code, § 667.6Printed as Section 264.1
- Pen. Code, § 667.61Printed as Section 264.1
- Pen. Code, § 667.71Printed as Section 264.1
- Pen. Code, § 667.8Printed as Section 261, 264.1, 286, 287, or 289
- Pen. Code, § 667.9Printed as Section 264.1
- Pen. Code, § 679.02Printed as Section 264.1, 288, or 289
- Pen. Code, § 799Printed as Section 264.1
- Pen. Code, § 999lPrinted as Section 264.1
- Pen. Code, § 1001.21Printed as Section 264.1
- Pen. Code, § 1001.36Printed as Section 264.1
- Pen. Code, § 1001.80Printed as Section 264.1
- Pen. Code, § 1048Printed as Section 261, 264.1, 273a, 273d, 285, 286, 287, 288, or 289
- Pen. Code, § 1170.86Printed as Section 220, 261, 261.5, 264.1, or 266j
- Pen. Code, § 1174.4Printed as Section 264.1
- Pen. Code, § 1192.5Printed as Section 264.1
- Pen. Code, § 1192.7Printed as Section 264.1
- Pen. Code, § 1202.05Printed as Section 261, 264.1, 266c, 285, 286, 287, 288, 288.5, or 289 | Section 261, 264.1, 266c, 285, 286, 288, 288.5, or 289
- Pen. Code, § 1202.1Printed as Section 264.1, 266c, or 289
- Pen. Code, § 1203.055Printed as Section 261, 264, or 264.1
- Pen. Code, § 1203.06Printed as Section 261, 264.1 | Section 289 or 264.1
- Pen. Code, § 1203.065Printed as Section 264.1, 266h, 266i, 266j, or 269
- Pen. Code, § 1203.066Printed as Section 261, 264.1, 266, 266c, 267, 285, 286, 287, 288, 288.5, or 289
- Pen. Code, § 1203.067Printed as Section 261, 264.1, 286, 287, 288, 288.5, or 289
- Pen. Code, § 1203.075Printed as Section 261, 264.1 | Section 289 or 264.1
- Pen. Code, § 1346Printed as Section 220, 243.4, 261, 261.5, 264.1, 269, 273a, 273d, 285, 286, 287, 288, 288.5, 288.7, 289, or 647.6
- Pen. Code, § 1347.5Printed as Section 220, 243.4, 261, 261.5, 264.1, 273a, 273d, 285, 286, 287, 288, 288.5, or 289
- Pen. Code, § 1463.009Printed as Section 261, 264.1, 286, 287, 288, 288.5, or 289
- Pen. Code, § 1524.1Printed as Section 220, 261, 261.5, 264.1, 266c, 269, 286, 287, 288, 288.5, 289, or 289.5
- Pen. Code, § 3000Printed as Section 261, 264.1, 286, 287
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.