Assault with intent to commit a sex crime or mayhem
Official text prohibited actmental stateif conditionpenaltylegal term
(a)
(1) Except as provided in subdivision (b), any person who assaults another with intent to commit mayhem, rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 shall be punished by imprisonment in the state prison for two, four, or six years.
(2) Except as provided in subdivision (b), any person who assaults another person under 18 years of age with the intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 shall be punished by imprisonment in the state prison for five, seven, or nine years.
(b) Any person who, in the commission of a burglary of the first degree, as defined in subdivision (a) of Section 460, assaults another with intent to commit rape, sodomy, oral copulation, or any violation of Section 264.1, 288, or 289 shall be punished by imprisonment in the state prison for life with the possibility of parole.
History: Amended by Stats. 2010, Ch. 219, Sec. 2. (AB 1844) Effective September 9, 2010. Note: This section was amended on Nov. 7, 2006, by initiative Prop. 83.
Simplified explanation
Assault with intent to commit mayhem, rape, sodomy, or oral copulation carries two to six years in state prison, more if the victim is under 18, and life with parole during a first-degree burglary.