Information on the crime sexual assault, also called sexual assault with intent to commit a felony sex crime, is found at California penal code section 220(a) PC.

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Felony Sexual Assault Defined: Felony sexual assault is defined as a direct, but ineffectual step, towards the commission of a sex crime, which is considered to be a felony under California law, coupled with the specific intent to commit that sex crime.

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For example, if a defendant tries (attempts) to commit non-consensual oral copulation by force or fear (felony), but the defendant is not able to commit the crime despite his intentions (ineffectual), then the defendant may be charged with felony sexual assault under PC 220(a)(1).

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Basically, this means that felony sexual assault occurs when a defendant tries to commit certain felony sex offenses against another person, but the defendant fails in his or her effort for some reason.

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Also, the crime of attempted rape, can be charged under PC 220(a)(1) [See below], but typically, the crime of attempted rape is charged under a special code section found at PC 664/261.

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PC 220 Laws (Abbrev.)

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PC 220(a)(1): Any person who assaults another with intent to commit mayhem, rape, sodomy by force or fear, oral copulation by force or fear, sexual penetration by object by force or fear, or rape in concert, is guilty of felony sexual assault (PC 220(a)(1) Abbrev.)).

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PC 220(a)(2): Any person who assaults another person under 18 years of age with the intent to commit rape, sodomy, oral copulation, gang rape, lewd and lascivious acts, or sexual penetration by object, is guilty of felony sexual assault (PC 220(a)(2) Abbrev.)).

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PC 220(b): Any person who, in the commission of a residential burglary of the first degree, assaults another with intent to commit rape, sodomy, oral copulation, rape in concert, lewd acts, or sexual penetration by object, is guilty of felony sexual assault (PC 220(b) Abbrev.)).

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Punishment for PC 220 Crimes

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PC 220(a)(1): Sexual assault charged under PC 220(a)(1) is classified as a felony. If found guilty of PC 220(a)(1), the defendant could face up to six years in prison, mandatory sex offender registration, and other penalties.

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PC 220(a)(2): Sexual Assault on a minor charged under PC 220(a)(2) is classified as a felony. If found guilty of sexual assault under PC 220(a)(2), the defendant could face up to nine years in prison, mandatory sex offender registration, and other penalties.

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PC 220(b): Residential burglary committed with the intent to commit a sexual assasult is classified as a felony. If found guilty of sexual assault under PC 220(b), the defendant could face up life in prison with the possibility of parole, mandatory sex offender registration, and other penalties.

 

Suspended Sentence: Neither a suspended prison sentence (joint suspended sentence), nor a split prison sentence is available after a conviction for any sexual assault crime charged under PC 220(a).

 

This means that if the defendant is convicted of sexual assault, and he is not granted a probation sentence, then no part of his prison sentence may be served out of custody on work release, and his incarceration must be served in a California state prison, as opposed to a local county jail.

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Sex Offender Registration: Conviction of any sexual assault offense listed in PC 220(a)(1), 220(a)(2), or 220(b), will require the defendant to register as a sex offender under California law. For more information, see CA Tier System for Sex Offender Registration & Sex Offender Registration Requirements.

 

In addition to the punishments listed above, a conviction for the crime of sexual assault with a intent to commit a felony could lead to other penalties and punishments, including, denial or revocation of military enlistment, fines and fees, restitution, criminal protective orders, restraining orders, civil lawsuits, and more.

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If you have been arrested or charged with sexual assault charged under PC 220(a)(1), 220(a)(2), or 220(b), contact our sex crimes criminal defense lawyers today for a free consultation. Our experienced sex crimes criminal defense lawyers have successfully handled hundreds of misdemeanor and felony sex crimes in the San Bernardino, Riverside, and Los Angeles County. Call today!

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909-913-3138

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