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Criminal Law Spring 2017

Provisions of California Penal Code under which Brock Turner was convicted: Title 9 secs. 220(a)(1), 289(e), and 289(d) (2013).

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CA Penal Code § 220. Assault with intent to commit mayhem, rape, sodomy, oral copulation, or other specified offense and commission of same acts in course of burglary of first degree; punishment
 
(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.
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CA Penal Code § 289. Forcible acts of sexual penetration; punishment

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(d) Any person who commits an act of sexual penetration, and the victim is at the time unconscious of the nature of the act and this is known to the person committing the act or causing the act to be committed, shall be punished by imprisonment in the state prison for three, six, or eight years. As used in this subdivision, “unconscious of the nature of the act” means incapable of resisting because the victim meets one of the following conditions:
 
(1) Was unconscious or asleep.
 
(2) Was not aware, knowing, perceiving, or cognizant that the act occurred.
 
(3) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraud in fact.
 
(4) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator's fraudulent representation that the sexual penetration served a professional purpose when it served no professional purpose.
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(e) Any person who commits an act of sexual penetration when the victim is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this condition was known, or reasonably should have been known by the accused, shall be punished by imprisonment in the state prison for a period of three, six, or eight years.

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