Criminal Defense Lawyers
Rape in Concert Law & Defense
PC 264.1 Crimes
Information on the crime of rape in concert is found at California penal code section 264.1. Rape in concert is also known as gang rape , which means multiple defendants engage in raping a woman or women simultaneously or in agreement. This page deals with the law, punishment, and defense associated with rape in concert. For other rape crime information, see statutory rape (PC 261.5), spousal rape (PC 262), or rape against a woman who is not the wife of the defendant and not accomplished in concert with other defendants (PC 261)
Rape Defined: Rape is the unlawful sexual intercourse by a man with a woman, that is accomplished without consent of the woman and through force or fear, or perpetrated on a woman who cannot consent due to intoxication or disability. Sexual penetration means the defendant's penis penetrated the woman's vagina (even a slight penetration qualifies as penetration in rape cases).
Rape in Concert: To rape in concert means to act voluntarily with at least one other person to commit rape against a woman. To commit rape does not mean that the defendant necessarily had sexual intercourse with the victim, but rather, that at least one defendant had vaginal or anal intercourse with the victim and the other defendant(s) assisted (aided or abetted) in some manner.
PC 264.1(a) Rape in concert: (Felony) Maximum punishment is nine years in prison with eligibility to earn up to fifteen percent (15%) credit off that prison sentence for good behavior while incarcerated.
PC 264.1(b)(1) Rape in concert of a minor under 14: (Felony) Maximum prison sentence is 14 years with eligibility to earn up to fifteen percent (15%) credit off that prison sentence for good behavior while incarcerated.
PC 264.1(b)(2) Rape in concert of a minor 14 or older: (Felony) Maximum prison sentence is 11 years with eligibility to earn up to fifteen percent (15%) credit off that prison sentence for good behavior while incarcerated.
Probation Sentence: Probation sentence are not allowed in rape in concert cases.
PC 1170(h) Sentence: If found guilty of any PC 264.1 crime the defendant must serve a prison sentence (as opposed to a county jail sentence) and no part of that prison sentence may be split (served partially out of custody) or suspended (also called joint suspended)
Strike Crime: Rape in concert is classified as strike crime under California's Three Strikes Sentencing Law. PC 264.1 is considered a violent offense and serious offense under California law.
CIMT: PC 264.1 crimes are considered crimes involving moral turpitude (CIMt). CIMT are crimes that are considered to be morally and inherently wrong, which can lead to severe consequences for non US citizens (non US citizens may be deported or denied entry into the US), and professional licensing boards may deny, revoke, or suspend a professional's license to practice within his or her profession (doctor, dentist, therapist,nurse, etc.)
Sex Offender Registration: Rape in concert convictions carry a requirement to register as a sex offender. Sex offender registration includes, among other things, registering and updating the defendant's name and address with the local police in the city where the defendant lives. Registration requirements are strict and vary depending on what type of rape crime was committed.
Additional Punishment: In addition to any prison sentence, if convicted of the crime of rape in concert, the defendant may face some, or all, of the following punishments: restitution to victims, fines, criminal protective orders, enhanced punishment for future criminal convictions, firearm ownership prohibition, civil lawsuits, loss of employment or immigration status, and more.
Common defenses to PC 264.1 crimes include: consent, reasonable interpretation that the alleged victim consented, mistake of fact, statute of limitations, coerced confessions, police investigation misconduct, insanity, insufficient evidence of penetration or sexual intercourse, alibi, and more.
Note: Consent is never a defense in a PC 264.1 cases where the defendant is incapable of granting consent or withdrawing consent (intoxication, disability, and underage rape victims).
To learn more about the crime of rape in concert and defenses to 264.1 PC, contact our San Bernardino County sex crimes criminal defense lawyers for a free consultation. Call today!
Quick Reference Sheet
Crime: Rape in Concert
Code: PC 264.1(a) (CalCrim No. 1000-1005)
Wobbler: No. PC 264.1(a) is not a wobbler. PC 264.1(a) is charged only as a felony.
Incarceration: PC 264.1(a) prison sentence range:
Rape in Concert: 5, 7, or 9 years
Rape in Concert on 14-17 year old: 7, 9, 11, years
Rape in Concert on Minor Under 14: 10, 12, or 14 years
Probation: Probation is not available in PC 264.1(a) cases.
PC 1170(h)): No. PC 264.1(a) is not subject to PC 1170(h) sentencing. This means that any incarceration ordered after a conviction, that is not part of a probation sentence, must be served in state prison (as opposed to a county jail), and the prison sentence may not be split or suspended.
Strike: PC 264.1(a) is a strike offense per California's Three Strikes law because this crime is considered a Serious offense (PC 1192.7), and a Violent offense (PC 667.5(c). Strike offenses are subject to reduced good time credits in jail or prison and other penalty enhancements upon subsequent criminal convictions.
Credits: 15% good conduct credits available.
CIMT: PC 264.1(a) is a crime involving moral turpitude, which means that an arrest or conviction could lead to the following:
Professional Licensing problems
Impeachment on credibility
Firearms: PC 264.1(a) convictions bar a defendant from owning or possessing a firearm.
Registration: If convicted of PC 264.1(a), defendant is required to register as a sex offender with law enforcement.
Bail: $250,000 (San Bernardino County)