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Criminal Law Spring 2017

CA Penal Code, Title 9 sec. 261 (1950)

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Title IX.

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Crimes Against the Person, Public Decency and Morals

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§261. Rape—Acts Constituting.

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Rape is an act of sexual intercourse, accomplished with a female not the wife of the perpetrator, under either of the following circumstances:

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1. Where the female is under the age of eighteen years;

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2. Where she is incapable, through lunacy or other unsoundness of mind, whether temporary or permanent, of giving legal consent;

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3. Where she resists, but her resistance is overcome by force or violence;

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4. Where she is prevented from resisting by threats of great and immediate bodily harm, accompanied by apparent power of execution, or by any intoxicating narcotic, or anesthetic, substance, administered by or with the privity of the ascused;

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5. Where she is at the time unconscious of the nature of the act, and this is known to the accused;

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6. Where she submits under the belief that the person committing the act is her husband, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to induce such belief. Leg.H. 1872, 1889 p. 223, 1897 p. 201, 1913 p. 212.

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See §290 infra as to registering with sheriff or chief of police by one convicted under div. 3 and 4 of this section.

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Assault with intent to rape, see ante §220.

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Anno. 22 Cal.J. 357-359; 52 C.J. 1005 §2; 22 RCL. 1171: Rape A.Dig. §1; McK.D. §2-7.

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New—W.S.C.L. Crimes §§44, 67.