California Domestic Violence Attorney
California Domestic Violence Defense
San Francisco San Mateo Marin Alameda Santa Clara Contra Costa
California Domestic Violence Lawyer Criminal Case Restraining Orders About our Firm Contact Us
Domestic Violence
Introduction
What to do First
Arrest
Finding Someone in Jail
Pretrial Release
Investigation
Criminal Case
Protective Orders
Restraining Orders
California Law
Constitution
Family Code
Penal Code
Section 136
Section 136.1
Section 136.2
Section 139
Section 140
Section 166
Section 236
Section 237
Section 240
Section 241
Section 242
Section 243
Section 243(e)
Section 243.4
Section 245
Section 262
Section 264
Section 264.2
Section 273.5
Section 273.6
Section 415
Section 417
Section 422
Section 646.9
Section 646.91
Section 646.91a
Section 1203.097
Caselaw
Federal Law
California Courts
Court Appointed Lawyers
Domestic Abuse
Treatment Programs
Invasion of Privacy
No Diversion
Punishment
Trial Issues
Frequently Asked Questions
We accept Visa, Mastercard, American Express and Discover.

Penal Code Section 264

California Penal Code Section 264 provides for the punishment of a conviction of spousal rape as proscribed in California Penal Code Section 262 and provides:

(a) Except as provided in subdivision (c), rape, as defined in Section 261 or 262, is punishable by imprisonment in the state prison for three, six, or eight years.

(b) In addition to any punishment imposed under this section the judge may assess a fine not to exceed seventy dollars ($70) against any person who violates Section 261 or 262 with the proceeds of this fine to be used in accordance with Section 1463.23. The court shall, however, take into consideration the defendant’s ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision.

(c) (1) Any person who commits rape in violation of paragraph (2) of subdivision (a) of Section 261 upon a child who is under 14 years of age shall be punished by imprisonment in the state prison for 9, 11, or 13 years.

(2) Any person who commits rape in violation of paragraph (2) of subdivision (a) of Section 261 upon a minor who is 14 years of age or older 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 provision of law. [Amended by Stats. 2010, Ch. 219, Sec. 4. Effective September 9, 2010]