California Penal Code 220: Complete Guide to Assault with Intent to Commit Rape Defense
URGENT FELONY CHARGES: PC 220 is a serious violent felony with life-changing consequences. If you’re facing assault with intent to commit rape charges, contact an experienced defense attorney immediately. Don’t speak to police without representation.
Table of Contents
What is California Penal Code 220? Understanding Assault with Intent Laws
California Penal Code 220 criminalizes assault with intent to commit rape, sodomy, oral copulation, or sexual penetration. This serious violent felony carries severe penalties including lengthy prison sentences and mandatory sex offender registration, even when no actual sexual assault occurs.
Legal Definition of PC 220
Penal Code Section 220(a)(1) states: “Any person who assaults another with intent to commit 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.”
Key Legal Terms and Concepts
- Assault: Unlawful attempt to commit violent injury on another person
- Intent: Specific purpose or design to commit sexual offense
- Rape: Sexual intercourse accomplished by force, fear, or without consent
- Sodomy: Sexual contact involving anal penetration
- Oral Copulation: Contact between mouth and sexual organs
- Sexual Penetration: Intrusion into genital or anal openings
Related California Sexual Assault Statutes
PC 220 is often charged alongside related offenses:
- PC 261 – Rape
- PC 664/261 – Attempted rape
- PC 243.4 – Sexual battery
- PC 242 – Simple assault
- PC 245 – Assault with deadly weapon
- PC 288 – Lewd acts with a child
- PC 289 – Sexual penetration by force
- PC 264.1 – Rape with foreign object
- PC 290 – Sex offender registration requirements
Important Distinction: PC 220 doesn’t require completion of the intended sexual act. The assault combined with intent to commit sexual offense is sufficient for conviction, making it easier to prosecute than completed sex crimes.
Types of PC 220 Charges and Variations
PC 220(a)(1) – Standard Assault with Intent
The basic charge involves assault with intent to commit:
- Rape under PC 261
- Sodomy by force or fear
- Oral copulation by force or fear
- Sexual penetration by force under PC 289
- Rape with foreign object under PC 264.1
- Lewd acts with child under PC 288
PC 220(b) – Enhanced Penalties for Child Victims
When the victim is under 18, enhanced penalties apply:
- Prison term increased to 5, 7, or 9 years
- No probation eligibility for violent felony
- Mandatory minimum sentences in some cases
- Enhanced registration requirements
Aggravating Factors Leading to Enhanced Charges
- Use of weapon: Knife, gun, or other deadly weapon
- Great bodily injury: Significant physical harm to victim
- Multiple victims: Pattern of similar conduct
- Vulnerable victims: Elderly, disabled, or intoxicated
- Position of trust: Teacher, coach, caregiver, or authority figure
- Home invasion: Breaking into victim’s residence
PC 220 vs. Related Charges Comparison
| Charge | Required Elements | Maximum Penalty | Registration Required |
|---|---|---|---|
| PC 220 – Assault w/ Intent | Assault + Intent | 2-6 years (up to 9 for minors) | Yes |
| PC 664/261 – Attempted Rape | Direct step toward rape | 2-4 years | Yes |
| PC 243.4 – Sexual Battery | Touching intimate parts | 2-4 years (felony) | Yes |
| PC 245 – ADW | Assault w/ deadly weapon | 2-4 years | No |
Legal Elements: What Prosecutors Must Prove for PC 220 Conviction
Required Elements for PC 220 Conviction
To convict under Penal Code 220, prosecutors must prove beyond reasonable doubt:
- Assault Occurred: Defendant committed unlawful assault on victim
- Specific Intent: Defendant intended to commit rape, sodomy, oral copulation, or sexual penetration
- Present Ability: Defendant had present ability to commit the intended sexual offense
- Force or Fear: Assault involved force, violence, or threat of harm
Understanding “Assault” Under PC 220
Assault requires:
- Unlawful attempt: Trying to commit violent injury
- Present ability: Capacity to carry out the attempt
- Awareness of victim: Victim knew or should have known of attempt
- No actual contact required: Touching not necessary for assault
Proving Specific Intent for Sexual Offense
Intent can be shown through:
- Defendant’s statements: Words expressing sexual intent
- Conduct and actions: Behavior indicating sexual purpose
- Circumstances: Location, time, and context of assault
- Physical evidence: State of victim’s or defendant’s clothing
- Witness testimony: Observations of sexual intent
Present Ability Requirement
Prosecutors must prove defendant had present ability to commit the intended sexual offense. This means the defendant was physically capable and in position to carry out the sexual assault at the time of the assault.
Force, Fear, and Intimidation Elements
PC 220 requires proof of:
- Physical force: Use of violence or physical coercion
- Threat of force: Verbal or implied threats of harm
- Fear in victim: Reasonable fear of immediate harm
- Intimidation: Creating atmosphere of fear or control
Challenging the Required Elements
Effective defense strategies challenge each element:
- No assault: Contact was consensual or accidental
- Lack of sexual intent: Actions had non-sexual purpose
- No present ability: Defendant couldn’t have completed offense
- No force used: Interaction was peaceful or consensual
- Mistaken identity: Wrong person accused
PC 220 Penalties: Prison Sentences and Lifetime Consequences
Prison Sentences for PC 220 Convictions
| Victim Age | Prison Term | Strike Offense | Probation Eligible |
|---|---|---|---|
| 18 or older | 2, 4, or 6 years | Yes (serious felony) | Possible with conditions |
| Under 18 | 5, 7, or 9 years | Yes (serious felony) | Not eligible (violent felony) |
| Under 14 | 5, 7, or 9 years + enhancements | Yes (serious felony) | Not eligible |
Enhanced Penalties for Aggravating Factors
Sentences may be increased for:
- Great bodily injury (PC 12022.7): Additional 3-5 years
- Use of deadly weapon (PC 12022): Additional 1-10 years
- Prior strike convictions: Double or triple sentences under Three Strikes
- Multiple victims: Consecutive sentences possible
- Vulnerable victim enhancements: Additional penalties for elderly/disabled victims
Mandatory Sex Offender Registration (PC 290)
All PC 220 convictions require lifetime registration including:
- Annual registration: Must register with local law enforcement yearly
- Address updates: Report any address changes within 5 days
- Public database: Information available to public online
- Employment reporting: Must report job changes and locations
- Travel restrictions: Limitations on international travel
- Residence restrictions: Cannot live near schools, parks, or day cares
- Internet monitoring: Restricted online access and social media use
LIFETIME CONSEQUENCES: PC 220 is a serious felony that counts as a “strike” under California’s Three Strikes Law. A second felony conviction would result in double the normal sentence, and a third strike could mean 25 years to life.
Additional Consequences and Collateral Damage
- Employment: Difficulty finding jobs, professional license revocation
- Housing: Landlords can reject sex offender applicants
- Immigration: Deportation and inadmissibility for non-citizens
- Firearms: Lifetime prohibition on gun ownership
- Child custody: Loss of custody and visitation rights
- Civil lawsuits: Victim may sue for damages
- Reputation: Public shame and social ostracism
- Education: Limited access to colleges and universities
PC 220 vs. Attempted Rape: Understanding the Difference
Key Distinctions Between PC 220 and Attempted Rape
| Aspect | PC 220 (Assault w/ Intent) | PC 664/261 (Attempted Rape) |
|---|---|---|
| Required Conduct | Assault + intent to commit sexual offense | Direct but ineffectual step toward rape |
| Proximity to Completion | No need to come close to completion | Must come reasonably close to completing rape |
| Maximum Penalty | 2-6 years (2-9 years for minors) | 2-4 years |
| Prosecution Difficulty | Easier to prove (just needs assault + intent) | Harder to prove (needs substantial step) |
| Common Scenarios | Threatening victim, grabbing, restraining | Actually attempting penetration but failing |
Why Prosecutors Prefer PC 220 Charges
Prosecutors often choose PC 220 over attempted rape because:
- Lower burden of proof: Only need to prove assault and intent
- No substantial step required: Don’t need to show defendant came close to completion
- Higher maximum penalties: PC 220 carries longer sentences
- Easier conviction: Juries understand assault more readily than attempt doctrine
- Broader application: Covers various sexual offenses, not just rape
Defense Strategy Implications
The choice between charges affects defense strategy:
- For PC 220: Focus on lack of sexual intent or absence of assault
- For attempted rape: Argue defendant’s actions weren’t substantial step toward rape
- Plea negotiations: May be able to negotiate down from PC 220 to lesser attempt charge
- Trial strategy: Different jury instructions and legal standards apply
Example Scenarios
PC 220 Scenario: Defendant grabs victim, pushes them against wall, and makes sexual threats while groping them. Even without attempting penetration, this could support PC 220 charges.
Attempted Rape Scenario: Defendant restrains victim, removes clothing, and attempts sexual intercourse but is interrupted or unable to complete the act due to victim’s resistance.
Effective Defense Strategies Against PC 220 Charges
Lack of Sexual Intent Defense
The most critical defense challenges sexual intent:
- Alternative motives: Robbery, general assault, or other non-sexual crimes
- Heat of passion: Conduct driven by anger, not sexual desire
- Misunderstanding: Actions misinterpreted as having sexual intent
- Mental illness: Inability to form specific sexual intent
- Intoxication: Too impaired to form sexual intent
Consent Defense
In appropriate cases, consent may be a defense:
- Consensual encounter: Victim agreed to physical contact
- Rough play: Consensual rough physical activity misunderstood
- Relationship context: History of consensual physical interaction
- Withdrawal of consent: Timing of when consent was withdrawn
False Accusations Defense
False PC 220 accusations occur due to:
- Relationship revenge: Angry ex-partners making false claims
- Custody disputes: Accusations to gain advantage in family court
- Mental health issues: Delusions or false memories
- Mistaken identity: Wrong person accused of assault
- Regret after consensual encounter: Reframing consensual activity
- Financial motivation: Setting up civil lawsuit
Lack of Present Ability Defense
Challenging defendant’s ability to commit intended offense:
- Physical incapacity: Medical condition preventing sexual assault
- Circumstantial impossibility: Situation made completion impossible
- Intervention by others: Third parties prevented completion
- Lack of opportunity: Time and location constraints
Constitutional Defenses
- Fourth Amendment: Illegal searches and seizures
- Fifth Amendment: Coerced confessions or Miranda violations
- Sixth Amendment: Right to counsel violations
- Due Process: Prosecutorial misconduct or discovery violations
- Double Jeopardy: Being tried twice for same conduct
Insufficient Evidence Defense
Many PC 220 cases rely on limited evidence:
- Lack of physical evidence: No DNA, injuries, or corroborating evidence
- Credibility issues: Problems with witness or victim testimony
- Inconsistent statements: Changing stories over time
- Alternative explanations: Innocent explanations for conduct
- Reasonable doubt: Prosecution cannot prove case beyond reasonable doubt
Defense Strategy Priority: Given the severe penalties and registration requirement, the goal is complete dismissal or reduction to non-sexual offense. Even a “lesser” felony conviction without sex offense registration is vastly preferable.
PC 220 Investigation Process and Evidence Collection
How PC 220 Investigations Begin
Assault with intent investigations typically start when:
- Victim reports attempted sexual assault to police
- Witnesses observe suspicious or violent behavior
- Hospital staff report injuries consistent with assault
- Security cameras capture assault or attempted assault
- 911 calls report assault in progress
Specialized Investigation Units
PC 220 cases often involve:
- Sex Crimes Unit: Detectives specialized in sexual assault cases
- SART Team: Sexual Assault Response Team with medical experts
- District Attorney Investigators: Additional prosecution resources
- Forensic Specialists: DNA and physical evidence analysis
Evidence Collection Process
- Crime scene investigation: Photos, physical evidence, witness interviews
- Victim interview: Detailed statement about assault and intent
- Medical examination: SART exam for injuries and DNA evidence
- Witness statements: Anyone who observed assault or circumstances
- Suspect identification: Lineups, photos, or other identification methods
- Digital evidence: Phone records, social media, surveillance video
- Expert analysis: Forensic evidence examination
Types of Evidence in PC 220 Cases
- Physical evidence: DNA, fingerprints, clothing, weapons
- Medical evidence: Injuries, defensive wounds, sexual assault exam
- Digital evidence: Texts, emails, social media communications
- Surveillance video: Security cameras, phone recordings
- Witness testimony: Eyewitness accounts of assault and intent
- Defendant statements: Admissions or explanations to police
Suspect Interview and Interrogation
Police will attempt to interview the accused to:
- Obtain admissions about sexual intent
- Get defendant’s version of events
- Identify inconsistencies in story
- Gather evidence for prosecution
- Assess cre
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