California Penal Code Section 264.1 Breakdown

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California Penal Code section 264.1 includes a sex crime known as “rape in concert with another”—commonly referred to as gang rape.

By whatever name you use, rape in concert carries significant consequences, such as having a lifetime violent criminal offense on your record, being obligated to register as a sex offender, and immigration problems if you are not a citizen of the United States.

And this is all in addition to a potential lengthy prison sentence. 

What can you do to reduce the risk of suffering this offense’s devastating and life-altering consequences?

Hiring an aggressive, reputable, and experienced sex crimes lawyer is the first step to protecting your rights.

The criminal defense lawyers from The Law Offices of Kerry L. Armstrong, APLC, have nearly five decades of experience fighting aggressively to protect people like you. 

Led by Attorney Kerry L. Armstrong—who holds a certification from the State Bar of California’s Board of Legal Specialization as a criminal law specialist.

Our sex crimes attorneys are prepared to give you the advocacy and support you need to negotiate this difficult time in your life. Contact us today to learn more.

What Is Rape in Concert?

California Penal Code section 264.1 defines rape in concert as one person voluntarily acting with at least one other person to commit forcible rape through violent or forcible acts without the victim’s consent.

Penal Code section 264.1 also applies to a situation where one person is aiding and abetting another person to rape the victim forcibly. 

You may ask, “What exactly is gang rape?”  Gang rape is the same crime as rape, but it more accurately refers to multiple people attacking the victim at one time rather than one person aiding and abetting another. 

Aiding and abetting is the legal term that refers to helping another person commit a crime.

As it relates to rape in concert, aiding and abetting could refer to holding the victim down while another person commits the act or feeding the victim a date rape drug so that another person can commit the act.

You should note that California law does not actually require a person to be present during the commission of the crime to be convicted of aiding and abetting.

Instigating, encouraging, or helping the perpetrator commit the crime suffices. 

Punishments Under California Penal Code Section 264.1

The prison sentence for a conviction depends on the victim’s age.

The statute calls for imprisonment for 5, 7, or 9 years if the victim is an adult. However, the period of incarceration increases if the victim is a minor:

  • If the victim is under 14, the prison sentence will be 10, 12, or 14 years, and 
  • If the victim is between 14 and 18, the prison sentence can be 7, 9, or 11 years. 

You should remember that the court may impose these prison sentences in addition to penalties for convictions for other crimes.

The sex crime lawyers at the Law Offices of Kerry L. Armstrong, APLC, can help you fight the allegations and even help get your sex crime allegations removed from your record

Contact a California Sex Crimes Lawyer Today

At The Law Offices of Kerry L. Armstrong, APLC, we are prepared to meet your challenges head-on using aggressive defense tactics coupled with almost five decades of trial experience.

Our award-winning criminal defense lawyers fight for dismissals and acquittals, and if that isn’t possible in your case, we work to negotiate a reduced charge with the prosecutor.

We believe you have the right to defend your name in court. Contact us today at 619-514-0267 for a free and confidential consultation.

Author Photo

Kerry L. Armstrong


Attorney Kerry Armstrong opened up his law firm in June 2007. Mr. Armstrong attended Thomas Jefferson School of Law, San Diego, California, and received his B.S. from Middle Tennessee State University. Kerry L. Armstrong became certified by the State Bar of California’s Board of Legal Specialization for criminal law in August 2020, making him one of the few criminal defense attorneys with a criminal law legal specialization certificate in San Diego County.  Between 2014 – 2019, Mr. Armstrong was selected for inclusion in the California Super Lawyers list, an honor only awarded to 5% of the nation’s attorneys.

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