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Sexual assault is a profoundly serious crime in California. To prosecute these offenses, the legal system uses various statutes within the Penal Code (PC). While the state's official laws do not use a formal "degree" system (unlike some other states), legal professionals often categorize charges into a four-degree framework. This helps explain the severity and type of criminal act, ranging from unwanted contact to acts induced by force, fraud, or fear.
Penal Code (PC) 266c is a unique statute that criminalizes a form of sexual assault where the act is procured through specific coercion—a deceptive pretense intended to create fear. This addresses scenarios where consent is undermined by manipulative threats rather than overt physical force.
266c. Unlawful sexual intercourse, sexual penetration, oral copulation, or sodomy; consent procured by false or fraudulent representation with intent to create fear; punishment
Every person who induces any other person to engage in sexual intercourse, sexual penetration, oral copulation, or sodomy when his or her consent is procured by false or fraudulent representation or pretense that is made with the intent to create fear, and which does induce fear... is punishable by imprisonment in a county jail for not more than one year or in the state prison for two, three, or four years.
PC 266c is a "wobbler" offense, meaning it can be charged as either a misdemeanor or a felony, depending on the case facts.
This common conceptual model categorizes California's sexual offense statutes by the type of act—Sexual Penetration vs. Sexual Contact—and the presence of escalating aggravating factors.
The seriousness of these charges—particularly the risk of mandatory sex offender registration—means that building a strong defense is paramount. Because laws like PC 266c require the prosecution to prove every element (such as the intent to create fear via fraudulent representation), defense strategies often focus on disproving one or more of those specific legal requirements.
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California law does not officially use a degree system (like First Degree or Second Degree). Legal professionals use the four-degree structure as a conceptual model to categorize sexual offenses based on the severity of the act (Penetration vs. Contact) and the presence of aggravating factors. All charges are formally filed using specific statutes like PC 261 (Rape) or PC 243.4 (Sexual Battery).
PC 266c criminalizes inducing a sexual act (intercourse, penetration, oral copulation, or sodomy) where the victim’s consent is procured by a false or fraudulent representation or pretense made with the intent to create fear of physical injury or death to themselves or a family member. This is a unique charge that targets consent obtained through deceptive intimidation.
The four-degree system's severity is based on two primary factors:
Yes. Because a conviction under PC 266c is a sex crime, whether charged as a misdemeanor or a felony, it typically requires the defendant to register as a sex offender under Penal Code 290.
Disclaimer: This article provides general information and is not legal advice. If you are facing sexual assault charges, you should immediately consult with an experienced criminal defense attorney.
